Bathabile Dlamini. Picture: GCIS
Bathabile Dlamini. Picture: GCIS

Former social development minister Bathabile Dlamini has been ordered to pay out of her own pocket 20% of the legal costs of the Black Sash Trust and Freedom Under Law in relation to the 2017 SA Social Security Agency (Sassa) debacle.

The Constitutional Court handed down its judgment on Thursday in relation to the cost order for the application brought by the agency and Dlamini.

This case resulted in the grants payment contract with Cash Paymaster Services (CPS) being extended in 2017.

The top court ordered in March 2017 that CPS should continue to pay grants for 12 months‚ after it was found that Sassa could not take over distribution‚ despite previously saying it could.

Thursday’s judgment comes after an inquiry, headed by judge Bernard Ngoepe, into whether Dlamini should be held personally liable was conducted.

The inquiry submitted its report to the court.

Ngoepe found that Dlamini was a "less than satisfactory witness" and was evasive.

He also found that controversial work streams had been appointed by Dlamini and reported directly to her and that she was aware of their actions, despite stating otherwise in court documents and testimony.

Prosecuting authority

The Constitutional Court also ordered that the findings from the inquiry and this judgment be handed over to the National Prosecuting Authority to consider whether Dlamini lied under oath and if she should be prosecuted for perjury.