Macici v South African Social Security Agency (2234/09) [2011] ZAECMHC 17 (13 October 2011)

Macici v South African Social Security Agency (2234/09) [2011] ZAECMHC 17 (13 October 2011)

The court found that the respondent complied with the notification requirements under regulation 13 by providing the appellant with written notice (annexure MM1) of the approval and duration of his temporary disability grant, which the appellant acknowledged by thumbprint. The grant was temporary and lapsed by operation of law after 12 months, not by administrative action. The appellant failed to exhaust internal remedies by not appealing to the Minister as required by section 18 of the Social Assistance Act. The application for reinstatement and arrears was therefore premature and without merit. The court also found that the punitive costs order against the appellant's attorney was not...

Citation
[2011] ZAECMHC 17
Parties
Appellant: Zwelibalele Macici; Respondent: South African Social Security Agency
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
13 October 2011
Case Number
2234/09
Procedural Posture
Civil Appeal / Full Court Appeal From Dismissal of Application
Outcome
Appeal dismissed; costs order against attorney set aside and substituted with party and party costs order.
Judges
I T Stretch, F Dawood, Y Ebrahim
Legal Topics
Social Assistance Act, Notification of Outcome, Exhaustion of Internal Remedies, Punitive Costs, Temporary Disability Grant
Administrative Law Civil Procedure Social Assistance Act Notification of Outcome Exhaustion of Internal Remedies Punitive Costs Temporary Disability Grant

Case Brief

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Parties

Zwelibalele Macici

Appellant

South African Social Security Agency

Respondent

Procedural Posture

Civil Appeal / Full Court Appeal From Dismissal of Application

Legal Issues

  1. 1 Whether the respondent complied with the notification requirements under regulation 13 of the Social Assistance Act.
  2. 2 Whether the respondent substantially complied with its undertaking regarding the disability grant.
  3. 3 Whether the appellant exhausted internal remedies before approaching the court.

Ratio Decidendi

The court found that the respondent complied with the notification requirements under regulation 13 by providing the appellant with written notice (annexure MM1) of the approval and duration of his temporary disability grant, which the appellant acknowledged by thumbprint. The grant was temporary and lapsed by operation of law after 12 months, not by administrative action. The appellant failed to exhaust internal remedies by not appealing to the Minister as required by section 18 of the Social Assistance Act. The application for reinstatement and arrears was therefore premature and without merit. The court also found that the punitive costs order against the appellant's attorney was not...

Court Disposition

Appeal dismissed; costs order against attorney set aside and substituted with party and party costs order.

Orders

  • The order dismissing the application is confirmed.
  • The costs order against the appellant's attorney is substituted with an order directing the applicant to pay the costs of the application.