Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 369 (25 April 2025)

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case Number: 071891/2023

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED: YES

DATE 25 April 2025

SIGNATURE

In the matter between:

INSTITUTE

FOR ECONOMIC

JUSTICE

First Applicant

#PAYTHEGRANTS

Second Applicant

and

MINISTER

OF SOCIAL DEVELOPMENT

First Respondent

SOUTH

AFRICAN SOCIAL SECURITY AGENCY

Second Respondent

MINISTER

OF

FINANCE

Third Respondent

JUDGMENT

TWALA, J

[1] This is a variation order envisaged in terms of Rule 42(1) (b) of the Uniform Rules of Court relating to the judgment I handed down electronically, by circulation to the parties' legal representatives on 18 March 2025.

[2] The Rule provides that the court may, in addition to any other powers it may have, mero motu rescind or vary an order in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission.[1]

[3] On 11 April 2025, the respondents brought to my attention that they have served their Notice of Appeal to the Supreme Court of Appeal. However, the Registrar required that the order I previously issued be amended or clarified to facilitate proper processing of the appeal.

[4] In correcting the order of the 18 March 2025 in terms of Rule 42 of the Uniform Rules of Court, I amend the order to read as follows:

3.1. The respondents are granted leave to appeal to the Supreme Court of Appeal.

3.2. Costs to be costs in appeal.

TWALA

M L

Judge of the High Court of South Africa

Gauteng Division, Pretoria

For the Applicants: Advocate J. Brickhill Advocate MBE Mbikiwa Advocate M Kritzinger Instructed by:

SERI Law Clinic Tel: 011 356 5860 nkosinathi@seri-sa.org For the First and Second Respondents: Advocate T Ntoane Instructed by: State Attorney – Pretoria Tel: 012 309 1575 Tletageng@justice.gov.za For the Third Respondent: Advocate G Marcus SC Advocate A Friedman Instructed by: State Attorney – Pretoria Tel: 012 309 1575 pheMokoena@justice.gov.za Date of Hearing:

DECIDED

ON THE PAPERS Date of Judgment: 18 March 2025 Date of amendment: 25 April 2025

Delivered: This judgment and order was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the order is deemed to be the 25 April 2025.

[1] Rule 42(1)(b) of the Uniform Rules of Court.