Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17) [2018] ZACC 36; 2018 (12) BCLR 1472 (CC) (27 September 2018)

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17) [2018] ZACC 36; 2018 (12) BCLR 1472 (CC) (27 September 2018)

The Court found that Minister Dlamini had failed to make full disclosure to the Court regarding her appointment of parallel work streams and her direct involvement in their reporting. The Inquiry Report established that her non-disclosure was motivated by fear of personal liability and being joined in her personal...

Source-derived case information.

Citation
[2018] ZACC 36
Parties
Applicant: Black Sash Trust; Applicant: Freedom Under Law; Respondent: Minister of Social Development; Respondent: Chief Executive Officer of the South African Social Security Agency; Respondent: South African Social Security Agency; Respondent: Minister of Finance; Respondent: National Treasury; Respondent: Cash Paymaster Services (Pty) Limited; Respondent: Information Regulator; Respondent: Bathabile Olive Dlamini; Respondent: Corruption Watch (NPC) RF; Respondent: South African Post Office SOC Limited
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
27 September 2018
Case Number
CCT48/17
Procedural Posture
Civil Application / Costs Determination Following Inquiry Into Personal Liability
Outcome
Minister Dlamini is held personally liable for 20% of the costs; the first, second, and third respondents are jointly liable for 80% of the costs. The Registrar is directed to refer the matter for possible prosecution for perjury.
Judges
Mogoeng, Zondo, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron
Legal Topics
Personal Costs Order, Ministerial Liability, Gross Negligence, Bad Faith, Separation of Powers, Public Administration Ethics
Constitutional Law Civil Procedure Personal Costs Order Ministerial Liability Gross Negligence Bad Faith Separation of Powers Public Administration Ethics

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Parties

Black Sash Trust

Applicant

Freedom Under Law

Applicant

Minister of Social Development

Respondent

Chief Executive Officer of the South African Social Security Agency

Respondent

South African Social Security Agency

Respondent

Minister of Finance

Respondent

National Treasury

Respondent

Cash Paymaster Services (Pty) Limited

Respondent

Information Regulator

Respondent

Bathabile Olive Dlamini

Respondent

Corruption Watch (NPC) RF

Respondent

South African Post Office SOC Limited

Respondent

Procedural Posture

Civil Application / Costs Determination Following Inquiry Into Personal Liability

Legal Issues

  1. 1 Whether Minister Dlamini should be held personally liable for a portion of the costs of litigation due to her conduct.
  2. 2 Whether the Minister's failure to disclose material facts to the Court constituted bad faith or gross negligence.
  3. 3 Whether a personal costs order against a cabinet minister offends the separation of powers principle.

Ratio Decidendi

The Court found that Minister Dlamini had failed to make full disclosure to the Court regarding her appointment of parallel work streams and her direct involvement in their reporting. The Inquiry Report established that her non-disclosure was motivated by fear of personal liability and being joined in her personal capacity. The Court held that her conduct amounted to gross negligence and bad faith, justifying a personal costs order. The separation of powers argument was rejected, as the Court's order related to accountability for conduct affecting constitutional rights, not political accountability. Minister Dlamini was ordered to pay 20% of the costs in her personal capacity, with the...

Court Disposition

Minister Dlamini is held personally liable for 20% of the costs; the first, second, and third respondents are jointly liable for 80% of the costs. The Registrar is directed to refer the matter for possible prosecution for perjury.

Orders

  • The first, second and third respondents are to pay 80% of the costs of Black Sash Trust and Freedom Under Law in the application, including the costs of two counsel.
  • Ms Bathabile Olive Dlamini is, in her personal capacity, ordered to pay 20% of the costs of Black Sash Trust and Freedom Under Law in the application, including the costs of two counsel.