Minister of Social Development and Another v Mpayipheli (CA135/16) [2018] ZAECMHC 31 (26 June 2018)

Minister of Social Development and Another v Mpayipheli (CA135/16) [2018] ZAECMHC 31 (26 June 2018)

The court held that the Minister of Social Development failed to take a decision on the respondent's appeal as required by section 18(1A) of the Social Security Act. The letter relied upon by the appellants, written by a departmental official, did not constitute a lawful decision by the Minister, nor did it purport to be written on her instruction or as a decision of the Tribunal. The statutory power to decide appeals is conferred on the Minister and cannot be exercised by an unauthorised official. The Minister's failure to respond to the appeal was unlawful and constituted a breach of her statutory and constitutional obligations. The purported decision by the official was tainted with...

Citation
[2018] ZAECMHC 31
Parties
Appellant: Minister of Social Development; Appellant: Independent Tribunal for Social Assistance Appeals; Respondent: Makehle Mpayipheli
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
26 June 2018
Case Number
CA135/16
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Court a Quo
Outcome
Appeal dismissed with costs.
Judges
B R Tokota, Z Nhlangulela, R Brooks
Legal Topics
Failure to Take Decision, Ministerial Discretion, Social Assistance Appeals, Principle of Legality, Review of Administrative Action
Administrative Law Civil Procedure Failure to Take Decision Ministerial Discretion Social Assistance Appeals Principle of Legality Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Social Development

Appellant

Independent Tribunal for Social Assistance Appeals

Appellant

Makehle Mpayipheli

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Court a Quo

Legal Issues

  1. 1 Whether the Minister of Social Development took a decision on the respondent's appeal as required by section 18(1A) of the Social Security Act.
  2. 2 Whether the letter from a departmental official constituted a lawful decision by the Minister.
  3. 3 Whether the failure to take a decision was unlawful and reviewable.

Ratio Decidendi

The court held that the Minister of Social Development failed to take a decision on the respondent's appeal as required by section 18(1A) of the Social Security Act. The letter relied upon by the appellants, written by a departmental official, did not constitute a lawful decision by the Minister, nor did it purport to be written on her instruction or as a decision of the Tribunal. The statutory power to decide appeals is conferred on the Minister and cannot be exercised by an unauthorised official. The Minister's failure to respond to the appeal was unlawful and constituted a breach of her statutory and constitutional obligations. The purported decision by the official was tainted with...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.