Ntame v MEC Department of Social Development Eastern Cape (ECJ 012/2005) [2005] ZAECHC 1; [2005] 2 All SA 535 (SE); 2005 (6) SA 248 (E) (11 January 2005)

Ntame v MEC Department of Social Development Eastern Cape (ECJ 012/2005) [2005] ZAECHC 1; [2005] 2 All SA 535 (SE); 2005 (6) SA 248 (E) (11 January 2005)

The court held that prescription had not been raised by the respondent and could not be raised mero motu by the court, so the debts were enforceable and the applications for review were not moot. The delays in bringing the review proceedings were inordinate and unreasonable, but condonation was granted due to the applicants' poverty, lack of education, and the absence of prejudice to the respondent. The common law delay rule applied rather than PAJA, as the causes of action arose before PAJA came into force. There was no statutory obligation to exhaust internal remedies, and the time for internal appeals had expired. On the merits, the stopping of the disability grant without a hearing...

Citation
[2005] ZAECHC 1
Parties
Applicant: Vivienne Ntame; Applicant: Kholeka Dorris Mnyaka; Respondent: Member of the Executive Council, Department of Social Development, Eastern Cape Province
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
11 January 2005
Case Number
ECJ 012/2005
Procedural Posture
Review Application / Judgment
Outcome
Applications granted. The administrative act of stopping the disability grant is set aside. The respondent is ordered to pay the withheld amounts with interest and to consider the maintenance grant applications within 30 days.
Judges
Plasket
Legal Topics
Social Assistance, Judicial Review, Delay Condonation, Exhaustion of Internal Remedies, Procedural Fairness, Maintenance Grant
Administrative Law Civil Procedure Family and Children Social Assistance Judicial Review Delay Condonation Exhaustion of Internal Remedies Procedural Fairness +1 more

Case Brief

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Parties

Vivienne Ntame

Applicant

Kholeka Dorris Mnyaka

Applicant

Member of the Executive Council, Department of Social Development, Eastern Cape Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the claims for payment of disability and maintenance grants have prescribed.
  2. 2 Whether the court may raise prescription mero motu.
  3. 3 Whether the delays in launching proceedings are unreasonable and, if so, whether they should be condoned.

Ratio Decidendi

The court held that prescription had not been raised by the respondent and could not be raised mero motu by the court, so the debts were enforceable and the applications for review were not moot. The delays in bringing the review proceedings were inordinate and unreasonable, but condonation was granted due to the applicants' poverty, lack of education, and the absence of prejudice to the respondent. The common law delay rule applied rather than PAJA, as the causes of action arose before PAJA came into force. There was no statutory obligation to exhaust internal remedies, and the time for internal appeals had expired. On the merits, the stopping of the disability grant without a hearing...

Court Disposition

Applications granted. The administrative act of stopping the disability grant is set aside. The respondent is ordered to pay the withheld amounts with interest and to consider the maintenance grant applications within 30 days.

Orders

  • The administrative act of stopping payment of the applicant's disability grant from December 1996 to June 1999 is declared inconsistent with the Constitution, invalid, and set aside.
  • The respondent is directed to pay the applicant the sum of R13,460.00 for the period December 1996 to June 1999.