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South Africa decisions
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Khanyile v South African Social Security Agency (SASSA) and Others (8695/2017) [2019] ZAKZPHC 74 (18 November 2019)
The High Court held that SASSA could not allow deductions from a disability grant without the beneficiary’s written authority and ordered repayment and an interdict.
Mxego v South African Social Security Agency and Another (3719/2016) [2019] ZAECMHC 69 (5 November 2019)
The court found that the Agency's decision to refuse the applicant's disability grant was irrational and unlawful. The Agency failed to investigate or request additional information to resolve contradictions in the medical assessment report, as required by Section 14(2) of the Social Assistance Act and Section 4(1)(b) of the SASSA Act. The Agency did not provide a record of proceedings or reasons for its decision, thereby frustrating the applicant's constitutional right to access the courts and undermining the objectives of Rule 53. The Agency's conduct was arbitrary and capricious, and the d…
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Kapa v RAF (1414/2013) [2018] ZALMPPHC 67 (7 December 2018)
The court found that the disability grant received by the plaintiff was paid as a direct result of her disability caused by the motor vehicle accident, which also formed the basis of her claim for loss of earnings. The grant was not a charitable benefit but a form of financial assistance provided by the state in terms of its constitutional obligation. There was a close causal link between the grant and the loss of earnings, and failing to deduct the grant would result in double compensation. Public policy, fairness, and justice demand that overcompensation from public funds be avoided, especi…
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The Supreme Court of Appeal held that the applications for leave to appeal were moot due to the implementation of a new payment regime for social grants, which allows beneficiaries to choose between commercial bank accounts (with full banking functionality and no restrictions on debit orders) and special disbursement accounts administered by SAPO (with restrictions on deductions). The interpretation of the amended regulations would have no practical effect, as the Grindrod SASSA accounts no longer exist and the new system has addressed the concerns that motivated the litigation. The court fur…
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Mwelase v Minister of Social Development and Others (CA74/16) [2018] ZAECMHC 16 (22 March 2018)
The court found that the appellant was afforded sufficient notice and opportunity to prepare for the medical review and to make representations regarding the suspension of her disability grant. The letters provided to the appellant, some in Xhosa and others in English, were personally delivered and explained her rights and the procedures available. The appellant did not raise the alleged procedural irregularities or language barriers before the Tribunal, nor did she provide evidence that these issues were material to the Tribunal's decision. The Tribunal considered all relevant information, i…
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Net1 Applied Technologies South Africa and Others v Chief Executive Officer of the South African Social Security Agency and Others; Finbond Mutual v Chief Executive Officer of the South African Social Security Agency and Others; Smart Life Insurance Company Limited v Chief Executive Officer of the South African Social Security Agency and Others; Information -Technology Consultants (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency and Others (43557/16; 46024/16; 46278/16; 47447/16) [2017] ZAGPPHC 356 (9 May 2017)
The court held that the respondents' interpretation of regulations 21 and 26A is untenable. The regulations, when read with section 20 of the Social Assistance Act, do not restrict beneficiaries from operating their bank accounts, including making electronic payments and debit orders. Once the grant is paid into a beneficiary's bank account, it is subject to the normal rules of banking and the account holder's instructions. The respondents have no control over these accounts, and their interpretation would lead to insensible and unbusinesslike results, contrary to the purpose of the regulatio…
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K.A.N. v Member Of The Executive Council For Social Development, Eastern Cape and Others (424) [2014] ZAECBHC 5 (8 April 2014)
The High Court ordered a foster child grant application to be processed, required a social worker’s care-and-protection report, and awarded costs against the respondents.
Putululu v Minister of Social Development and Others (2469/12) [2013] ZAECMHC 10 (28 June 2013)
Review of a refused disability grant dismissed where the applicant’s cured pulmonary tuberculosis did not meet section 9 of the Social Assistance Act.
Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013)
The court found that foster care grants are paid to foster parents to enable them to comply with their obligations to the child, and the child has no direct claim to the grant. The grant is not automatically triggered by the death of the breadwinner but rather by the need for care, which may exist independently of the death. The foster care grant is distinct from a child support grant, both in its purpose and administration. The foster care grant lapses upon the death of the foster parent, not the child, and is not paid directly to the child. The court held that, in the circumstances of this…
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Qakathayo v South African Social Security Agency (2058/11) [2013] ZAECMHC 19 (17 January 2013)
The High Court ordered the applicant’s attorneys to pay attorney-and-client costs de bonis propriis after a duplicative interlocutory application caused a postponement.
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