Matinese v Member of the Executive Council for the Department of Welfare, Eastern Cape (ECJ 005/2005) [2005] ZAECHC 6 (10 February 2005)

Matinese v Member of the Executive Council for the Department of Welfare, Eastern Cape (ECJ 005/2005) [2005] ZAECHC 6 (10 February 2005)

The court found that the applicant's disability grant was unlawfully terminated without proper notice or a hearing, in contravention of the relevant regulations and principles of natural justice. The respondent failed to provide written reasons for the suspension or inform the applicant of her right to apply for restoration within 90 days, as required by regulation 23. The respondent's affidavit was deficient and failed to genuinely dispute the applicant's factual averments. The court held that review proceedings in the High Court were necessary, as the Magistrates' Court would lack jurisdiction to set aside the administrative action. The applicant was entitled to payment of the amounts...

Citation
[2005] ZAECHC 6
Parties
Applicant: Mileka Matinese; Respondent: Member of the Executive Council for the Department of Welfare, Eastern Cape Province
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
10 February 2005
Case Number
ECJ 005/2005
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted. The administrative action of suspending and cancelling the applicant's disability grant is reviewed and set aside. The respondent is ordered to pay the applicant the amounts due, less back pay, with interest, and costs.
Judges
LEACH
Legal Topics
Social Assistance Act, Disability Grant Termination, Procedural Fairness, Judicial Review, Mora Interest
Administrative Law Civil Procedure Social Assistance Act Disability Grant Termination Procedural Fairness Judicial Review Mora Interest

Case Brief

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Parties

Mileka Matinese

Applicant

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

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the termination of the applicant's disability grant was lawful and procedurally fair.
  2. 2 Whether the applicant was entitled to a hearing before the termination of her grant.
  3. 3 Whether review proceedings were appropriate in the High Court rather than action in the Magistrates' Court.

Ratio Decidendi

The court found that the applicant's disability grant was unlawfully terminated without proper notice or a hearing, in contravention of the relevant regulations and principles of natural justice. The respondent failed to provide written reasons for the suspension or inform the applicant of her right to apply for restoration within 90 days, as required by regulation 23. The respondent's affidavit was deficient and failed to genuinely dispute the applicant's factual averments. The court held that review proceedings in the High Court were necessary, as the Magistrates' Court would lack jurisdiction to set aside the administrative action. The applicant was entitled to payment of the amounts...

Court Disposition

Application for review granted. The administrative action of suspending and cancelling the applicant's disability grant is reviewed and set aside. The respondent is ordered to pay the applicant the amounts due, less back pay, with interest, and costs.

Orders

  • The administrative action of the respondent in suspending and cancelling the payment of the applicant's disability grant for the period November 1999 to October 2000 is reviewed and set aside.
  • The respondent is directed to pay the applicant the sum of R5900,00 which would have been paid to her as a disability grant during the aforementioned period, less the sum of R1000,00 paid to her in October 2000, together with interest at the legal rate on each monthly amount that should have been paid, calculated...