Former Minister Dlamini’s Application for Discharge Dismissed
The Johannesburg Magistrates’ Court dismissed the application by former Minister of Social Development, Bathabile Dlamini for discharge in the case of perjury against her.
Subsequent to the state closing its case, Dlamini approached the above-mentioned court in terms of s174 of the Criminal Procedure Act for a verdict of discharge, citing that there is no evidence presented by the state that she committed the offence of perjury or lied under oath. They further argued that the state failed to prove criminal intent and that the witness called by the state did not take the state’s case any further.
The prosecution team, Deputy Director of Public Prosecutions, Advocate Jacob Serepo and Advocate Mathews Rampyapedi reacted that the state presented overwhelming evidence upon which a reasonable court, acting carefully may convict. They added that, as per provisions of the law, the court may convict on the evidence of a single witness, citing that the evidence presented by state witness, Mr Thokozani Magwaza, was unchallenged by the defence and that it corroborated the evidence contained in the record of transcripts of the inquiry.
Magistrate Betty Khumalo stated that there are two contradicting statements before her and that the court cannot ignore them, following the court’s ruling, the defence then proceeded with its case and led evidence in chief from their first witness Ms Elaine Zodwa Mvulane.
Dlamini face a charge of perjury in that during the period of 22 to 25 January 2018, she appeared as a witness at an inquiry established by the Constitutional Court of South Africa into the 2017 social grant debacle that stemmed from the South African Social Security Agency (SASSA) and Dlamini's failure as the Executive Officer, to appoint a service provider for the distribution of social grants. The state alleges that she was duly sworn in as a witness and intentionally and wrongfully testified that the workstreams did not report directly to her and that she did not attend the meetings of these workstreams nor was she briefed about the progress of the operations of the workstreams.
Ends
Issued by: Phindi Mjonondwane
Regional Spokesperson-Gauteng Local Division
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