Makalima v Member of the Executive Council of the Department of Welfare, Eastern Cape Province (ECJ 003/2005) [2005] ZAECHC 4; 2008 (3) SA 91 (E); [2006] 2 All SA 175 (E); 2006 (8) BCLR 971 (E); [2006] 4 BLLR 385 (E); (2006) 27 ILJ 555 (E) (27 January 2005)

Makalima v Member of the Executive Council of the Department of Welfare, Eastern Cape Province (ECJ 003/2005) [2005] ZAECHC 4; 2008 (3) SA 91 (E); [2006] 2 All SA 175 (E); 2006 (8) BCLR 971 (E); [2006] 4 BLLR 385 (E); (2006) 27 ILJ 555 (E) (27 January 2005)

The court held that the Promotion of Administrative Justice Act (PAJA) does not apply retrospectively to administrative actions taken before its commencement. The applicant's claim was based on a delay that occurred prior to PAJA coming into effect, rendering her reliance on PAJA groundless. The applicant's entitlement to back pay under the Social Assistance Act regulations arose when her grant was approved in May 1997, and any claim for payment prescribed three years later under the Prescription Act. The applicant failed to interrupt prescription and did not properly raise her entitlement to back pay in her founding papers. Furthermore, judicial review is not the appropriate procedure...

Citation
[2005] ZAECHC 4
Parties
Applicant: Nokuku Eslina Makalima; Respondent: Member of the Executive Council of the Department of Welfare, Eastern Cape Province
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
27 January 2005
Case Number
ECJ 003/2005
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
LEACH
Legal Topics
Promotion of Administrative Justice Act, Social Grants, Prescription Act, Judicial Review, Constitutional Rights, Back Pay
Administrative Law Civil Procedure Promotion of Administrative Justice Act Social Grants Prescription Act Judicial Review Constitutional Rights Back Pay

Case Brief

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Parties

Nokuku Eslina Makalima

Applicant

Member of the Executive Council of the Department of Welfare, Eastern Cape Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Promotion of Administrative Justice Act (PAJA) applies retrospectively to administrative actions taken before its commencement.
  2. 2 Whether the applicant is entitled to 'back pay' for the period between her application and approval of a social grant under the Social Assistance Act regulations.
  3. 3 Whether the claim for back pay has prescribed under the Prescription Act.

Ratio Decidendi

The court held that the Promotion of Administrative Justice Act (PAJA) does not apply retrospectively to administrative actions taken before its commencement. The applicant's claim was based on a delay that occurred prior to PAJA coming into effect, rendering her reliance on PAJA groundless. The applicant's entitlement to back pay under the Social Assistance Act regulations arose when her grant was approved in May 1997, and any claim for payment prescribed three years later under the Prescription Act. The applicant failed to interrupt prescription and did not properly raise her entitlement to back pay in her founding papers. Furthermore, judicial review is not the appropriate procedure...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.