Court orders former DSD minister Bathabile Dlamini to repay Sassa millions spent on private security
Archive, Netwerk24
- The High Court has ordered former officials from the social development department and Sassa to repay the entity R3.5 million that was spent on private security.
- Oliphant and Dlamini said they received threats relating to Sassa’s cancellation of payments to bogus beneficiaries.
- Former Sassa CEO Virginia Petersen enabled the approval of the tender awarded to a Durban-based security company.
Former minister Bathabile Dlamini and her then spokesperson Lumka Oliphant must cough up R3.5-million spent on their private security, the North Gauteng High Court in Pretoria ordered.
The security services contract was approved by the South African Social Security Agency (Sassa), an entity that Dlamini was in charge of while she served as minister of the Department of Social Development (DSD).
According to the judgment, Dlamini claimed in her affidavit that she and Oliphant were threatened after Sassa terminated payments to bogus beneficiaries in 2012.
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She said her computer was stolen in August 2013 after robbers broke into her official residence.
Virginia Petersen was at the helm of Sassa when the agency procured the emergency close protection services at Dlamini’s insistence.
The court ordered that she, too, must repay Sassa jointly with Dlamini and Oliphant.
According to the judgment:
The director-general of the DSD approved the submissions and recommended it for approval to the second respondent [Dlamini]. The second respondent approved and countersigned the submission.
Durban-based security company Vuco Security Solutions was hired to provide the protection services.
While it was the fourth respondent in the case, Sassa did not seek repayment from the company.
It only argued the contract was unlawful and unreasonable and led to wasteful expenditure.
Counsel for the applicant [Sassa] submits that the first and second respondents’ conduct was remiss and amounted to a serious dereliction of duty and resulted in fruitless and wasteful expenditure.
Dlamini, Oliphant and Petersen argued that Sassa delayed taking the matter to court.
Petersen said this conduct amounted to gross negligence or recklessness. She also denied violating the law.
Dlamini said she was entitled to protection from Sassa, adding that the dispute was intergovernmental.
Oliphant argued the agency did not “expressly state the unlawful conduct complained of by the applicant”.
While the court agreed that Sassa delayed bringing the matter to court, it condoned the delay, ordering the trio to repay Sassa jointly.
Dlamini did not respond to calls and messages for comment.
Oliphant’s representatives, Nehawu, said they received the judgment on Friday and would study it further.
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