Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 324 (18 March 2025)
The court held that, given the complexity and seriousness of the case, which impacts the most vulnerable members of society and raises significant public interest issues, there are compelling reasons for the Supreme Court of Appeal to consider the matter. The interests of justice are best served by granting leave to...
Source-derived case information.
- Citation
- [2025] ZAGPPHC 324
- Parties
- Applicant: Institute for Economic Justice; Applicant: #PayTheGrants; Respondent: Minister of Social Development; Respondent: South African Social Security Agency; Respondent: Minister of Finance
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 071891/2023
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Judgment and Order
- Outcome
- Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment and order.
- Judges
- Twala M L
- Legal Topics
- Leave to Appeal, Superior Courts Act, Public Interest, Social Security Rights
Source-derived case record
Summary, issues, holding and outcome
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Parties
Institute for Economic Justice
Applicant
#PayTheGrants
Applicant
Minister of Social Development
Respondent
South African Social Security Agency
Respondent
Minister of Finance
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order
Legal Issues
- 1 Whether leave to appeal should be granted against the whole of the judgment and order handed down on 23 January 2025.
- 2 Whether the interests of justice require that the matter be considered by the Supreme Court of Appeal.
- 3 Whether leave to appeal should be limited to certain orders or granted in respect of the entire judgment.
Ratio Decidendi
The court held that, given the complexity and seriousness of the case, which impacts the most vulnerable members of society and raises significant public interest issues, there are compelling reasons for the Supreme Court of Appeal to consider the matter. The interests of justice are best served by granting leave to appeal against the whole judgment and order, rather than limiting the scope of the appeal. The court rejected the applicants' argument for a limited appeal, finding that such an approach would cause unnecessary delays and hinder the final resolution of issues affecting the poor and vulnerable. Accordingly, leave to appeal to the Supreme Court of Appeal was granted.
Court Disposition
Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment and order.
Orders
- Leave to appeal the judgment of this Court dated 23 January 2025 to the Supreme Court of Appeal is granted.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case Number: 071891/2023
(1) REPORTABLE: YES
(2) OF INTEREST TO OTHER JUDGES: YES
(3) REVISED: YES
DATE 18 March 2025
SIGNATURE
In the matter between:
INSTITUTE FOR ECONOMIC JUSTICE
First Applicant
#PAYTHEGRANTS
Second Applicant
and
MINISTER OF SOCIAL DEVELOPMENT
First Respondent
SOUTH AFRICAN SOCIAL SECURITY AGENCY Second Respondent
MINISTER OF FINANCE
Third Respondent
JUDGMENT
TWALA, J
[1] This is an application for leave to appeal launched by the respondents against the whole of the judgment and order of this Court handed down electronically on 23 January 2025 granting certain declaratory orders and other ancillary relief in favour of the applicants together with an order for costs.
[2] In this judgment for the application for leave to appeal, I propose to refer to the parties as they were referred to in the judgment to the main application. Further, it is noteworthy that, for the sake of convenience, the Court directed that the application for leave to appeal be determined on the papers without an oral hearing.
[3] It is a trite principle of our law that leave to appeal may only be given where the Judge or Judges concerned are of the opinion that the appeal would have a reasonable prospect of success or where there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration.[1]
[4] The grounds for the leave to appeal are succinctly stated in the notice of application for leave to appeal and I do not intend to repeat them in this judgment. Furthermore, I would like to extend my gratitude and appreciation to the counsels of the parties for the concise heads of argument and submissions made therein.
[5] Although I am satisfied that I have considered all the issues and arguments raised in this case in my main judgment, I am of the view that, due to the complexity and seriousness of this case which impacts on the most vulnerable and to almost thirty percent of the population, and the public interest that it raises, it deserves the attention of the Supreme Court of Appeal.
[6] I disagree with the applicants that this Court should grant leave to appeal only certain orders and not the whole of the judgment and order of this Court. I say so, because that will cause unnecessary delays in bringing this case, which has profound implications on the poor and vulnerable members of the community, to finality. Put differently, I am of the view that the interests of justice will be better served if this case is heard by a Superior Court and in this instance, the Supreme Court of Appeal. Therefore, the application for leave to appeal the judgment falls to be granted.
[7] In the result, the following order is made:
1. Leave to appeal the judgment of this Court dated 23 January 2024 to the Supreme Court of Appeal, is granted.
2. Costs to be costs in the appeal.
TWALA M L
Judge of the High Court of South Africa
Gauteng Division, Pretoria
For the Applicants: Advocate J. Brickhill Advocate MBE Mbikiwa Advocate M Kritzinger Instructed by: SERI Law Clinic Tel: 011 356 5860 nkosinathi@seri-sa.org For the First and Second Respondents: Advocate T Ntoane Instructed by: State Attorney – Pretoria Tel: 012 309 1575 Tletageng@justice.gov.za For the Third Respondent: Advocate G Marcus SC Advocate A Friedman Instructed by: State Attorney – Pretoria Tel: 012 309 1575 pheMokoena@justice.gov.za Date of Hearing: DECIDED ON THE PAPERS Date of Judgment: 18 March 2025
Delivered: This judgment and order was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the order is deemed to be the 18 March 2025.
[1] See section 17 (1)(a)(i) and (ii) of the Superior Courts Act, 10 of 2013.