Tshabile and Others v Chief Executive Officer of the South African Social Security Agency and Another (1605/2007, 2389/2007, 227/2008) [2009] ZANWHC 8 (5 March 2009)

Tshabile and Others v Chief Executive Officer of the South African Social Security Agency and Another (1605/2007, 2389/2007, 227/2008) [2009] ZANWHC 8 (5 March 2009)

The court found that SASSA failed to provide written notification to the applicants regarding the outcome of their social grant applications, despite repeated enquiries and the statutory obligation to do so. The respondents' opposition was unsupported by objective evidence, as no documents evidencing notification...

Source-derived case information.

Citation
[2009] ZANWHC 8
Parties
Applicant: Daphney Keneilwe Tshabile; Applicant: Tshegohaco Julia Asieng; Applicant: Karabo Joyce Phuthiyagae; Respondent: Chief Executive Officer of the South African Social Security Agency; Respondent: Another
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 March 2009
Case Number
1605/2007, 2389/2007, 227/2008
Procedural Posture
Civil Application / Opposed Application for Mandatory Relief; Judgment After Hearing
Outcome
Applications granted; respondents ordered to process applications, notify applicants, and pay costs.
Judges
L T Sibeko
Legal Topics
Social Grants, Exhaustion of Internal Remedies, Condonation, Written Notification of Decision, Costs Order, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Family and Children Social Grants Exhaustion of Internal Remedies Condonation Written Notification of Decision Costs Order +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Daphney Keneilwe Tshabile

Applicant

Tshegohaco Julia Asieng

Applicant

Karabo Joyce Phuthiyagae

Applicant

Chief Executive Officer of the South African Social Security Agency

Respondent

Another

Respondent

Procedural Posture

Civil Application / Opposed Application for Mandatory Relief; Judgment After Hearing

Legal Issues

  1. 1 Whether SASSA considered and decided on the applicants' social grant applications.
  2. 2 Whether SASSA notified the applicants in writing of the outcome and reasons for refusal, if any.
  3. 3 Whether non-compliance with statutory time frames should be condoned.

Ratio Decidendi

The court found that SASSA failed to provide written notification to the applicants regarding the outcome of their social grant applications, despite repeated enquiries and the statutory obligation to do so. The respondents' opposition was unsupported by objective evidence, as no documents evidencing notification were attached. The application for postponement was refused due to lack of bona fide explanation and absence of supporting affidavits. The applicants established a proper case for relief, having waited over three years without resolution. The court condoned any procedural non-compliance and ordered SASSA to consider and decide on the applications, notify the applicants in writing...

Court Disposition

Applications granted; respondents ordered to process applications, notify applicants, and pay costs.

Orders

  • The application for postponement is dismissed.
  • Non-compliance with time frames in Section 7(1) of Act 3 of 2000 is condoned as needed.