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South Africa decisions
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Nqukuthu v The Minister of Social Develpoment and Others (2465/2012) [2013] ZAECMHC 26 (26 September 2013)
The court dismissed a review of a 6-month disability grant decision, finding no unfair discrimination, bias, or PAJA breach in the tribunal’s reasoning.
Macici v South African Social Security Agency (2234/09) [2011] ZAECMHC 17 (13 October 2011)
The court found that the respondent complied with the notification requirements under regulation 13 by providing the appellant with written notice (annexure MM1) of the approval and duration of his temporary disability grant, which the appellant acknowledged by thumbprint. The grant was temporary and lapsed by operation of law after 12 months, not by administrative action. The appellant failed to exhaust internal remedies by not appealing to the Minister as required by section 18 of the Social Assistance Act. The application for reinstatement and arrears was therefore premature and without me…
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Lunyawo v South African Social Security Agency (SASSA) (1685/2010) [2011] ZAECMHC 4 (7 April 2011)
The court held that the applicant was awarded a temporary disability grant, which lapsed automatically after twelve months by operation of law in terms of the Social Assistance Act regulations. The applicant abandoned her claim to a permanent grant in reply and accepted the respondent's version regarding the temporary nature of the grant. The failure to notify the applicant of the temporary nature of the grant, while potentially impacting procedural fairness, does not create a substantive legitimate expectation that the grant would continue until reviewed. The automatic lapsing of a temporary…
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