Mweza v Member of the Executive Council Department of Social Services and Population Development (Northern Cape), Barense v Member of the Executive Council Department of Social Services and Population Development (Northern Cape) (367/06, 368/06) [2008] ZANCHC 74 (12 December 2008)

Mweza v Member of the Executive Council Department of Social Services and Population Development (Northern Cape), Barense v Member of the Executive Council Department of Social Services and Population Development (Northern Cape) (367/06, 368/06) [2008] ZANCHC 74 (12 December 2008)

The court found that both applicants are entitled to relief under section 5(2) of the Social Assistance Act, having applied for drought and emergency relief through the proper channels and suffered unreasonable delays. The authorities' failure to process and decide the applications constitutes reviewable administrative action under PAJA, as a failure to take a decision is expressly included in the definition of administrative action. The purported settlement agreements were not valid or enforceable, as they were not properly explained to the functionally illiterate applicants and were signed without legal representation. The applicants are exempted from exhausting internal remedies and...

Citation
[2008] ZANCHC 74
Parties
Applicant: Nonzame Elsie Mweza; Applicant: Abraham Barendse; Respondent: Member of the Executive Council Department of Social Services and Population Development (Northern Cape); Respondent: Disaster Relief Fund; Respondent: Upper Karoo Advice and Development Agencies
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
12 December 2008
Case Number
367/06, 368/06
Procedural Posture
Review Application / Judgment
Outcome
Application granted. Mandamus issued. Settlement agreements declared invalid. Punitive costs order against respondents.
Judges
Majiedt, Williams
Legal Topics
Promotion of Administrative Justice Act, Social Assistance, Failure to Take Decision, Mandamus, Costs Punitive Order, Constitutional Rights
Administrative Law Civil Procedure Constitutional Law Promotion of Administrative Justice Act Social Assistance Failure to Take Decision Mandamus Costs Punitive Order +1 more

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Parties

Nonzame Elsie Mweza

Applicant

Abraham Barendse

Applicant

Member of the Executive Council Department of Social Services and Population Development (Northern Cape)

Respondent

Disaster Relief Fund

Respondent

Upper Karoo Advice and Development Agencies

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to relief under section 5(2) of the Social Assistance Act for drought and emergency relief.
  2. 2 Whether the authorities' failure to process and decide the applications constitutes reviewable administrative action under PAJA.
  3. 3 Whether the purported settlement agreements are valid and enforceable.

Ratio Decidendi

The court found that both applicants are entitled to relief under section 5(2) of the Social Assistance Act, having applied for drought and emergency relief through the proper channels and suffered unreasonable delays. The authorities' failure to process and decide the applications constitutes reviewable administrative action under PAJA, as a failure to take a decision is expressly included in the definition of administrative action. The purported settlement agreements were not valid or enforceable, as they were not properly explained to the functionally illiterate applicants and were signed without legal representation. The applicants are exempted from exhausting internal remedies and...

Court Disposition

Application granted. Mandamus issued. Settlement agreements declared invalid. Punitive costs order against respondents.

Orders

  • The First and/or Second Respondents must consider and decide the Mweza applicant's drought relief application within 15 days.
  • If the Mweza applicant is found not entitled to drought relief, written reasons must be furnished within 15 days of the decision.