Nyumbana v MEC, Department of Welfare, Eastern Cape (ECJ 006/2005) ) [2005] ZAECHC 10 (3 March 2005)

Nyumbana v MEC, Department of Welfare, Eastern Cape (ECJ 006/2005) ) [2005] ZAECHC 10 (3 March 2005)

The court held that maintenance grants were abolished by the Welfare Laws Amendment Act No. 106 of 1997, and only those grants payable immediately before the amendment's publication could continue for a limited period. The applicant was not in receipt of a maintenance grant at the relevant time and, even if there was an unreasonable delay in processing her application, the respondent no longer had the power to award such a grant. Furthermore, the evidence indicated that the applicant's grant had been approved but cancelled due to her failure to collect the payments. The application was based on incorrect facts and did not support the relief sought. The application was therefore defective...

Citation
[2005] ZAECHC 10
Parties
Applicant: Nongalise Alicia Nyumbana; Respondent: The Member of the Executive Council of the Department of Welfare, Eastern Cape Province
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
3 March 2005
Case Number
ECJ 006/2005
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
LEACH
Legal Topics
Judicial Review of Administrative Inaction, Social Assistance Act, Maintenance Grant, Abolition of Grants
Administrative Law Civil Procedure Judicial Review of Administrative Inaction Social Assistance Act Maintenance Grant Abolition of Grants

Case Brief

Summary, issues, holding and outcome

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Parties

Nongalise Alicia Nyumbana

Applicant

The Member of the Executive Council of the Department of Welfare, Eastern Cape Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent's failure to consider the applicant's maintenance grant application constituted unlawful administrative inaction.
  2. 2 Whether the court has the power to direct the respondent to consider awarding a maintenance grant after the abolition of such grants.
  3. 3 Whether the applicant made out a case for relief given the evidence that her grant was approved but cancelled.

Ratio Decidendi

The court held that maintenance grants were abolished by the Welfare Laws Amendment Act No. 106 of 1997, and only those grants payable immediately before the amendment's publication could continue for a limited period. The applicant was not in receipt of a maintenance grant at the relevant time and, even if there was an unreasonable delay in processing her application, the respondent no longer had the power to award such a grant. Furthermore, the evidence indicated that the applicant's grant had been approved but cancelled due to her failure to collect the payments. The application was based on incorrect facts and did not support the relief sought. The application was therefore defective...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.