Bangate and Others v Chief Executive Officer of the South African Social Security Agency (1099/2008, 1104/2008, 1115/2008) [2009] ZANWHC 14 (14 May 2009)

Bangate and Others v Chief Executive Officer of the South African Social Security Agency (1099/2008, 1104/2008, 1115/2008) [2009] ZANWHC 14 (14 May 2009)

The court found that SASSA failed to provide the applicants with adequate written reasons for the refusal of their social/disability grant applications. The purported refusal letters did not contain sufficient detail to enable the applicants to understand the basis for the decision or to consider an appeal. There was no proof that the letters were properly served or delivered to the applicants. The risk of non-receipt of such letters lies with the applicants, but in the absence of evidence of delivery, the applicants' averments must be accepted. The statutory obligation to provide reasons was not met, and the applications were not premature. The applicants are entitled to an order...

Citation
[2009] ZANWHC 14
Parties
Applicant: Lebogang Willemina Bangate; Applicant: Maria Lemme; Applicant: Tsikane Grace Monchonyane; Respondent: Chief Executive Officer of the South African Social Security Agency
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 May 2009
Case Number
1099/2008, 1104/2008, 1115/2008
Procedural Posture
Civil Application / Opposed Motion; Consolidated Hearing
Outcome
Applications granted. Respondent ordered to provide full written reasons for refusal and to pay costs on an attorney and client scale.
Judges
A.M. Kgoele
Legal Topics
Social Assistance Act, Exhaustion of Internal Remedies, Written Reasons, Premature Application
Administrative Law Civil Procedure Social Assistance Act Exhaustion of Internal Remedies Written Reasons Premature Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Lebogang Willemina Bangate

Applicant

Maria Lemme

Applicant

Tsikane Grace Monchonyane

Applicant

Chief Executive Officer of the South African Social Security Agency

Respondent

Procedural Posture

Civil Application / Opposed Motion; Consolidated Hearing

Legal Issues

  1. 1 Whether the applications to compel SASSA to provide reasons for refusal of social/disability grants are premature.
  2. 2 Whether SASSA complied with its statutory obligation to inform applicants of the reasons for refusal.
  3. 3 Whether the applicants exhausted internal remedies before approaching the court.

Ratio Decidendi

The court found that SASSA failed to provide the applicants with adequate written reasons for the refusal of their social/disability grant applications. The purported refusal letters did not contain sufficient detail to enable the applicants to understand the basis for the decision or to consider an appeal. There was no proof that the letters were properly served or delivered to the applicants. The risk of non-receipt of such letters lies with the applicants, but in the absence of evidence of delivery, the applicants' averments must be accepted. The statutory obligation to provide reasons was not met, and the applications were not premature. The applicants are entitled to an order...

Court Disposition

Applications granted. Respondent ordered to provide full written reasons for refusal and to pay costs on an attorney and client scale.

Orders

  • Condonation is granted for non-compliance with the time frame.
  • The respondent is ordered to provide the applicants' attorney with full written reasons for the decision to refuse the applicants' applications within fifteen (15) days of the date of this order.