Lunyawo v South African Social Security Agency (SASSA) (1685/2010) [2011] ZAECMHC 4 (7 April 2011)

Lunyawo v South African Social Security Agency (SASSA) (1685/2010) [2011] ZAECMHC 4 (7 April 2011)

The court held that the applicant was awarded a temporary disability grant, which lapsed automatically after twelve months by operation of law in terms of the Social Assistance Act regulations. The applicant abandoned her claim to a permanent grant in reply and accepted the respondent's version regarding the temporary nature of the grant. The failure to notify the applicant of the temporary nature of the grant, while potentially impacting procedural fairness, does not create a substantive legitimate expectation that the grant would continue until reviewed. The automatic lapsing of a temporary grant is not administrative action and is not subject to review under PAJA. The applicant's...

Citation
[2011] ZAECMHC 4
Parties
Applicant: Nobongile Lunyawo; Respondent: South African Social Security Agency (SASSA)
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
7 April 2011
Case Number
1685/2010
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
D. Van Zyl
Legal Topics
Promotion of Administrative Justice Act, Social Assistance Act, Legitimate Expectation, Procedural Fairness, Temporary Disability Grant
Administrative Law Civil Procedure Promotion of Administrative Justice Act Social Assistance Act Legitimate Expectation Procedural Fairness Temporary Disability Grant

Case Brief

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Parties

Nobongile Lunyawo

Applicant

South African Social Security Agency (SASSA)

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the termination of the applicant's disability grant constituted administrative action subject to review under PAJA.
  2. 2 Whether the applicant was notified of the temporary nature of her disability grant and its lapsing by effluxion of time.
  3. 3 Whether failure to notify the applicant of the temporary nature of the grant creates a legitimate expectation that the grant would continue until lawfully terminated by review.

Ratio Decidendi

The court held that the applicant was awarded a temporary disability grant, which lapsed automatically after twelve months by operation of law in terms of the Social Assistance Act regulations. The applicant abandoned her claim to a permanent grant in reply and accepted the respondent's version regarding the temporary nature of the grant. The failure to notify the applicant of the temporary nature of the grant, while potentially impacting procedural fairness, does not create a substantive legitimate expectation that the grant would continue until reviewed. The automatic lapsing of a temporary grant is not administrative action and is not subject to review under PAJA. The applicant's...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.