Mpayipheli v Minister of Social Development and Another (3956/16) [2017] ZAECMHC 15 (13 June 2017)

Mpayipheli v Minister of Social Development and Another (3956/16) [2017] ZAECMHC 15 (13 June 2017)

The court found that there was no evidence that the Minister of Social Development had taken any decision on the applicant's appeal as required by section 18(2) of the Social Assistance Act. The correspondence from the Department merely advised the applicant to reapply for the grant due to late submission, but did not constitute a formal decision confirming, varying, or setting aside the Agency's refusal. The court held that the Minister's failure to exercise her statutory appellate function amounted to unlawful administrative action, which is reviewable under the Promotion of Administrative Justice Act. The applicant was entitled to a mandamus compelling the Minister to decide the appeal...

Citation
[2017] ZAECMHC 15
Parties
Applicant: Makehle Mpayipheli; Respondent: Minister of Social Development; Respondent: Independent Tribunal, Department of Social Development
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
13 June 2017
Case Number
3956/16
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The Minister's failure to decide the appeal is set aside and a mandamus is issued.
Judges
S M Mbenenge
Legal Topics
Failure to Take Decision, Promotion of Administrative Justice Act, Social Assistance Appeals, Mandamus, Condonation of Late Appeal
Administrative Law Civil Procedure Failure to Take Decision Promotion of Administrative Justice Act Social Assistance Appeals Mandamus Condonation of Late Appeal

Case Brief

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Parties

Makehle Mpayipheli

Applicant

Minister of Social Development

Respondent

Independent Tribunal, Department of Social Development

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Minister of Social Development failed to take a decision on the applicant's appeal as required by section 18(2) of the Social Assistance Act.
  2. 2 Whether such failure constitutes unlawful administrative action reviewable under the Promotion of Administrative Justice Act.
  3. 3 Whether the applicant is entitled to a mandamus compelling the Minister to decide the appeal.

Ratio Decidendi

The court found that there was no evidence that the Minister of Social Development had taken any decision on the applicant's appeal as required by section 18(2) of the Social Assistance Act. The correspondence from the Department merely advised the applicant to reapply for the grant due to late submission, but did not constitute a formal decision confirming, varying, or setting aside the Agency's refusal. The court held that the Minister's failure to exercise her statutory appellate function amounted to unlawful administrative action, which is reviewable under the Promotion of Administrative Justice Act. The applicant was entitled to a mandamus compelling the Minister to decide the appeal...

Court Disposition

Application granted. The Minister's failure to decide the appeal is set aside and a mandamus is issued.

Orders

  • The first respondent's failure to decide on the applicant's appeal against the Agency's refusal of a disability grant is set aside.
  • The first respondent is directed to consider and decide on the appeal within 30 days of service of this order.