Ngalo v South African Social Security Agency (SASSA) (2740/11) [2013] ZAECMHC 4; [2013] 2 All SA 347 (ECM) (14 February 2013)

Ngalo v South African Social Security Agency (SASSA) (2740/11) [2013] ZAECMHC 4; [2013] 2 All SA 347 (ECM) (14 February 2013)

The respondent unreasonably delayed processing and notifying the applicant of the outcome of her care dependency grant application. The application was made on 27 January 2009, with a second application on 20 January 2011, but notification of approval was only given on 22 November 2011 after litigation commenced. The court found that, in the absence of a statutory time frame, notification must occur within a reasonable time, which is three months for social grant applications. The delay of over two years was wholly unreasonable and prejudicial to the applicant. The respondent's argument regarding a ninety-day period was unsupported by authority. The applicant is entitled to costs on an...

Citation
[2013] ZAECMHC 4
Parties
Applicant: Zukiswa Ngalo; Respondent: South African Social Security Agency (SASSA)
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
14 February 2013
Case Number
2740/11
Procedural Posture
Review Application / Judgment
Outcome
Application granted. Costs awarded to the applicant on an attorney and own client scale.
Judges
LP Pakade
Legal Topics
Social Security Rights, Unreasonable Delay, Mandamus, Care Dependency Grant, Administrative Action, Punitive Costs
Constitutional Law Administrative Law Social Security Rights Unreasonable Delay Mandamus Care Dependency Grant Administrative Action Punitive Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Zukiswa Ngalo

Applicant

South African Social Security Agency (SASSA)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent unreasonably delayed processing and notifying the applicant of the outcome of her care dependency grant application.
  2. 2 Whether the applicant is entitled to costs on an attorney and own client scale due to the respondent's conduct.
  3. 3 Whether the notification of approval complied with statutory and regulatory requirements.

Ratio Decidendi

The respondent unreasonably delayed processing and notifying the applicant of the outcome of her care dependency grant application. The application was made on 27 January 2009, with a second application on 20 January 2011, but notification of approval was only given on 22 November 2011 after litigation commenced. The court found that, in the absence of a statutory time frame, notification must occur within a reasonable time, which is three months for social grant applications. The delay of over two years was wholly unreasonable and prejudicial to the applicant. The respondent's argument regarding a ninety-day period was unsupported by authority. The applicant is entitled to costs on an...

Court Disposition

Application granted. Costs awarded to the applicant on an attorney and own client scale.

Orders

  • The respondent is directed to pay the costs of the application.
  • Such costs are to be taxed on the scale applicable between attorney and own client.