Bathabile Dlamini may face R1m bodyguard bill headache

Social Development Minister Bathabile Dlamini may have to pay back more than R1-million that was spent on private security for her children.

An internal report has been forwarded to the National Treasury and the Department of Social Development's financial misconduct board for a decision on who should foot the bill for hiring the bodyguards - described as wasteful and fruitless expenditure.

The minister's latest setback comes as she awaits a decision by the Constitutional Court on whether she should be held personally liable for the legal costs of an application brought earlier this year by the Black Sash, which asked the court to intervene in the South African Social Security Agency grant debacle.

In 2013, Dlamini instructed Sassa - which falls under her department - to pay for the additional security for her children and the children of her spokeswoman, Lumka Oliphant. The contract is believed to have continued for more than six months and cost Sassa R3.5-million.

The latest legal opinion, commissioned by Sassa chief financial officer Tsakeriwa Chauke in January, found that the payment was irregular and that the money should be paid back.

Well-placed sources in the department told the Sunday Times that the minister would have to pay up.

"Even if [Chauke] requests the department to pay, it would be difficult for the department's chief financial officer to justify this payment, and hence it will go back to the minister again," said the source.

"The minister's children are not employees of either Sassa or the department. If their lives were in danger the minister was supposed to have informed the police or state security, who in turn should have conducted a threat analysis.

"If the threat was real, they would have provided the protection."

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The cost of Dlamini's extra security detail is believed to total more than R1.1-million and included three close-protection personnel and one luxury motor vehicle "suitable for all roads" and fitted with anti-smash-and-grab tinted windows for the transportation of her family members. Among the provisions were monthly costs for a first-aid kit for R1,000, a VIP driver for R21,500 and a vehicle for R22,000.

The service, provided by Vuco Security Solutions, was in addition to the protection provided by the state, which is understood to include a driver, a VIP officer and at least two other officers stationed at her home.

About three years ago Oliphant and Dlamini claimed their lives and those of their children were in danger. A 2013 memo states that Oliphant "has been intimidated and threatened in public for her work".

A month later it was the minister's family who also needed security on an emergency basis. At the time it was reported by sister newspaper Sunday World that Dlamini and department officials had received threats after a trip to Brazil, where the minister spoke to drug mules. It was reported that the death threats were from drug lords.

But a memo seen by the Sunday Times, dated August 2013 and signed by Dlamini, states that the basis for Oliphant's protection was that three men had intimidated her and her friends in a public place.

This was before she and Dlamini went to Brazil in October.

Professor William Gumede, from the School of Governance at the University of the Witwatersrand, said the Public Finance Management Act was very clear about wasteful expenditure: "If the person who benefited unduly can be identified, they will have to pay back the money."

However, although the legislation was clear, "if it is not enforced and there is no political will it will be difficult to ensure the money is paid back".

Dlamini, the department and Oliphant did not respond to questions sent via e-mail. They also did not respond to phone calls or SMSes.

Sassa spokesman Paseka Letsatsi said the agency had submitted a R3.5-million claim to the department on March 1 and was awaiting payment.

He said the legal opinion had been forwarded to the Department of Social Development and the department's financial misconduct board, which adjudicates cases of irregular and fruitless expenditure.

"The FMB committee then recommended that the matter be referred to the National Treasury for consideration ... which was done," he said.

But Treasury spokeswoman Yolisa Tyantsi said this was a matter for parliament's standing committee on public accounts.

sabaa@sundaytimes.co.za