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South Africa Case Law

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Constitutional Law [2025] ZAGPPHC 29

Institute for Economic Justice and Another v Minister of Social Development and Others

Institute for Economic Justice and Another v Minister of Social Development and Others [2025] ZAGPPHC 29; [2025] 2 All SA 230 (GP); 2025 (4) SA 249 (GP) (23 January 2025)

Court
North Gauteng High Court, Pretoria
Case number
071891/2023
Judge
Twala M L

The court found that the SRD grant regulations and procedures unlawfully and unconstitutionally excluded eligible applicants from accessing social assistance, violating section 27 of the Constitution. The online-only application process constituted an unreasonable barrier for poor and vulnerable persons, lacking justification for differentiation from other grants. The definitions of 'income' and 'financial support' were interpreted too broadly, resulting in unjust exclusions. Both the bank and database verification processes were unreliable, lacked conflict resolution mechanisms, and operated…

Source excerpt

  • Social Assistance
  • Progressive Realisation
  • Regulatory Invalidity
  • Income Thresholds
  • Procedural Fairness
  • Bill Of Rights Limitation
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Constitutional Law [2018] ZALCC 32

Molobi v South African National Parks and Others (LCC50/2014)

Molobi v South African National Parks and Others (LCC50/2014) [2018] ZALCC 32; 2018 (6) SA 217 (LCC) (18 June 2018)

Court
Land Claims Court
Case number
LCC 50/2014
Judge
DS Molefe

The Court held that the income threshold in the definition of 'occupier' under section 1(c) of ESTA is rationally connected to the legitimate government purpose of protecting vulnerable persons from unfair evictions due to historical discrimination. The differentiation based on income is not arbitrary and does not amount to unfair discrimination under section 9 of the Constitution. The exclusion of higher income earners is reasonable and justified, considering the targeted nature of social legislation and the need to preserve State resources for those most in need. The applicant failed to dem…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Income Thresholds
  • Equality Clause
  • Tenure Security
  • Constitutional Invalidity
  • Social Legislation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.