Court Rules SASSA Regulations on SRD Grant Access Invalid and Unconstitutional
In a groundbreaking ruling, the Gauteng High Court has declared the South African Social Security Agency’s (SASSA) 2023 regulations governing the Social Relief of Distress (SRD) grant unconstitutional and invalid. Key aspects of these regulations, including limiting applications to an online-only platform, were found to create undue barriers for millions of impoverished South Africans seeking relief.
The Case Against SASSA
The court case was initiated by the Institute for Economic Justice (IEJ) and the advocacy group #PayTheGrants (#PTG). The organizations argued that the regulations excluded millions in need, citing a broad and restrictive definition of “income,” which included financial support from non-employment sources.
In its judgment, Judge ML Twala strongly criticized SASSA and the Department of Social Development for their administrative inefficiencies and regulatory barriers, which aggravated the suffering of eligible applicants.
Key Rulings
- Online-Only Applications
- The regulation requiring grant applications to be lodged solely through electronic platforms was declared unconstitutional. The court ruled that applications should also be allowed at SASSA offices, ensuring accessibility for those without internet access.
- Definition of Financial Support
- The court clarified that “financial support” refers to regular monetary assistance legally owed to the recipient, excluding it from being classified as income.
- Means Test and Database Checks
- Verification procedures relying on proxy means tests and database checks with banks were deemed unconstitutional, as they excluded eligible applicants without reasonable justification.
- Funds Availability Clause
- A regulation allowing SASSA to withhold payments due to depleted funds was invalidated. This ensures beneficiaries are not left without critical support during financial shortfalls.
Delays and Implementation
The court highlighted the persistent delays in payments to approved applicants, directing SASSA to investigate the root causes and implement solutions. The Minister of Social Development must also submit a detailed plan within four months to address these issues.
The Bigger Picture
The court also criticized the disparity between the SRD grant amount (R350) and the food poverty line (R760), emphasizing the inadequacy of the grant in addressing hunger and poverty. In 2023, SASSA reported 17 million SRD grant applications, though the grant remains capped at 8.5 million beneficiaries—a figure far below the number of applicants.
This judgment is seen as a significant step toward making social relief accessible to all who need it, highlighting the government’s responsibility to ensure that administrative processes do not worsen the plight of the most vulnerable.
