The Department of Social Development (DSD) will appeal the Gauteng High Court’s determination that the Social Relief of Distress (SRD) grant regulations are unconstitutional and invalid.
After careful consideration and having sought legal counsel, the department has decided to pursue an appeal against the orders issued.
In January, the Gauteng High Court delivered its landmark judgement when it declared the regulations governing the eligibility criteria as well as verification checks for the SRD grant unconstitutional and invalid.
The court’s decision came after #PayTheGrants and the Institute for Economic Justice (IEJ) challenged the DSD and the South African Social Security Agency (Sassa) in court over the regulations governing the SRD grant.
The court ruled that DSD and Sassa had failed to adequately address applicants' needs, criticising their overly restrictive regulations, inefficient administration, and payment delays.
It was also declared that Sassa's payment delays were unconstitutional and highlighted the "temporary" designation of the SRD grant as creating uncertainty for beneficiaries.
The judgement mandated the DSD to broaden application channels, redefine "income" and "financial support," and restrict the use of certain databases for eligibility assessments due to their inaccuracy. The court also criticized Sassa’s bank verification process, deeming it unfair and unconstitutional, and ordered Sassa to address payment delays.
While the DSD reaffirmed its commitment to serving vulnerable South Africans, they contend that this must be done practically.
We remain steadfast in our efforts to balance the need for accountability with the practicalities of delivering critical support to millions of beneficiaries.
The DSD further announced that there will be no compromise in the way the SRD grant is administered. Importantly, this is under the guidelines which the court deems unconstitutional. "Sassa will continue to administer the SRD as per existing guidelines to ensure uninterrupted service delivery," said the Department.
The department has called for patience and understanding as it works towards a sustainable resolution that upholds the principles of justice and the Constitution.
