South Africa: Treasury and Sassa Granted Leave to Appeal Ruling On SRD Grant

19 March 2025
GroundUp (Cape Town)
By Marecia Damons

"Due to the complexity and seriousness of this case...it deserves the attention of the Supreme Court of Appeal," says Judge Leonard Twala

The High Court in Pretoria has granted the Department of Social Development, the South African Social Security Agency (SASSA) and the National Treasury leave to appeal against the January judgment on the Social Relief of Distress (SRD) grant regulations.

In October 2024, the #PayTheGrants campaign and the Institute for Economic Justice (IEJ) challenged the government's SRD grant regulations, arguing that these rules exclude millions of potentially eligible people.

In January, Judge Leonard Twala ruled that regulations limiting access to the R370-a-month grant are unconstitutional and invalid. He also ordered the government to increase the grant amount and raise the income threshold to qualify.

Speaking to Parliament's portfolio committee on social development earlier in March, advocate Luyanda Mtshotshisa, representing the DSD, told MPs that the government had appealed against the judgment "on the basis that the court judgment is flawed".

In his order granting leave to appeal, Twala said, "Although I am satisfied that I have considered all the issues and arguments raised in this case in my main judgment, I am of the view that, due to the complexity and seriousness of this case which impacts on the most vulnerable and ... almost 30% of the population, and the public interest that it raises, it deserves the attention of the Supreme Court of Appeal".

Twala disagreed with the argument by #PaytheGrants and the IEJ that leave to appeal should only be granted for certain orders and not the whole judgment.

"That will cause unnecessary delays in bringing this case, which has profound implications on the poor and vulnerable members of the community, to finality. Put differently, I am of the view that the interests of justice will be better served if this case is heard by a Superior Court and in this instance, the Supreme Court of Appeal," Twala said.

A date for the appeal hearing has yet to be set.

Read the original article on GroundUp.

Tagged:
Copyright © 2025 GroundUp. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 500 reports a day from more than 110 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.