The Gauteng High Court in Pretoria has delivered a landmark judgment declaring the South African Social Security Agency’s (SASSA) 2023 regulations limiting access to the R370 Social Relief of Distress (SRD) grant unconstitutional and invalid. The decision has been widely welcomed as a victory for social justice and the rights of vulnerable South Africans.

Key Findings by the Court

The court found several aspects of the 2023 SRD grant regulations to be unconstitutional, including:

  1. Online-Only Application Requirement: The requirement that all SRD grant applications be submitted exclusively online was deemed discriminatory, as it excluded individuals without access to technology or the internet.
  2. Definitions of “Income” and “Financial Support”: The court ruled that SASSA’s definitions of “income” and “financial support” were overly restrictive and contributed to the unjust exclusion of many eligible applicants.
  3. Verification and Appeal Procedures: The court criticized the irrational and rigid verification and appeal processes, which disproportionately disqualified deserving individuals from receiving grants.

Learn More: High Court Declares Sassa’s SRD Grant Online-Only Application Rule Unconstitutional and Invalid

Background of the Legal Challenge

The case was initiated by advocacy organizations #PayTheGrants and the Institute for Economic Justice, which filed a lawsuit against the Minister of Social Development and SASSA. They argued that the regulations introduced in 2023 effectively denied access to the SRD grant for many people who were most in need.

The court found that the regulation’s broad definition of “income” unfairly included informal or familial financial support, effectively disqualifying individuals receiving minor assistance from family or friends. This approach contradicted the constitutional obligation to provide social security to those in distress.

Constitutional Rights at Stake

Section 27 of the South African Constitution guarantees everyone the right to access social security. The court emphasized that the state cannot evade its duty to provide this access, even if individuals receive minimal support from their families.

The judgment stated that financial assistance from family members does not absolve the state of its constitutional responsibilities. It further clarified the distinction between “income” and “financial support”:

  • Income refers to earnings from employment, business, or investments.
  • Financial Support encompasses non-obligatory or occasional assistance from family or friends.

Impacts of the Court’s Decision

The ruling is a significant win for advocacy groups and vulnerable South Africans who depend on SRD grants for survival. The following changes are expected:

  1. Broader Access to Grants: The ruling will compel SASSA to revise its regulations to align with constitutional principles, ensuring a more inclusive approach to grant access.
  2. Improved Application Processes: SASSA may be required to reintroduce alternative application methods, such as in-person or paper-based processes, for those unable to apply online.
  3. Fairer Definitions: By refining the definitions of “income” and “financial support,” the judgment paves the way for a fairer assessment of applicants’ eligibility.

Public and Advocacy Responses

Advocacy groups such as #PayTheGrants have celebrated the judgment as a victory for social justice. “This is a crucial step toward protecting the rights of millions of South Africans who rely on social grants to survive,” said a spokesperson for the organization.

The ruling has also sparked broader discussions about the role of technology and policy in addressing inequality. Many have called for a more empathetic and inclusive approach to social development policies.

Looking Ahead

SASSA and the Department of Social Development now face the challenge of implementing the court’s directives. This includes revising grant regulations, improving accessibility, and ensuring compliance with the constitutional right to social security.

For many South Africans, the ruling represents hope for a more equitable system that prioritizes the needs of the vulnerable over bureaucratic rigidity.

Learn More: R370 SRD Status Check for January 2025 Grant Payments

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