The National Education, Health and Allied Workers’ Union [NEHAWU] extends congratulations to the Institute for Economic Justice (IEJ) and #PayTheGrants on their recent Pretoria High Court case victory.
The findings of the court sets out a clear a path to ensure that millions of vulnerable South Africans are afforded with an opportunity to access vital social protection in terms of the Social Relief of Distress (SRD) Grant, which had previously been restricted and ridiculously regulated by the state.
In October 2024, we issued a statement pledging our support for the IEJ and #PayTheGrants court case. This coordinated approach was informed by our progressive and transformational perspective on the poly-crises facing the working class and the need to confront the crisis of social reproduction through interventions by the state. It also forms part of our commitment to build a broad front of progressive organisations and groupings in defence of workers and the poor suffering under severe conditions as a result of Neoliberal austerity measures.
In 2023 and 2024, we developed submissions on the extension of the COVID-19 SRD Grant, lamenting National Treasury’s restrictive and draconian limitations to accessing the grant, criticising the below inflation increase in the grant and pointing to the failure of the state in progressively expanding the SRD Grant into a Universal Basic Income guarantee/ grant (UBIG), which is a resolution of the ANC and commitment by the state. Of even greater concern was the State’s attitude and affirmation of National Treasury’s autonomous decision to place a prescribed cap of 8.5 million beneficiaries per month to suit its fiscal consolidation trajectory policy. Currently, 7.5 million people benefit from the SRD grant, where in fact 18.3 million people require this vital social security support, equating to approximately 11 million people being restricted to accessing the grant.
In handing down his findings, Judge Leonard Twala, ruled in favour of all major issues presented by IEJ and #PayTheGrants, through the Socio-Economic Rights Institute (SERI). The Judge berated the Minister of Social Development, the South African Social Security Agency (SASSA) and in particular, the Minister of Finance. The following is a summary of some of the outcomes of the decision of the court:
– That the regulations relating to the SRD Grant, introduced in March 2023, are unconstitutional and invalid to the extent that that it provides the for SRD Grant applications to be lodged on an electronic platform only.
– That Regulation 2(3)(c)(ii) is declared unconstitutional and invalid to the extent that it directs that SRD Grant applicants’ applications are assessed according to a proxy means test consisting of verification of insufficient means with banks.
– That Regulation 5(3)(a) is unconstitutional and invalid to the extent that it makes payments to beneficiaries of the SRD Grant subject to available funds and permits SASSA to withhold payment of the SRD Grant to beneficiaries if available funds are depleted.
– The court declared that SASSA’s failure to pay successful applicants of the SRD Grant timeously or at all, is unconstitutional and unlawful.
– The court ordered SASSA to investigate the causes of widespread delays in payments to successful SRD Grant applicants and devise and implement a plan to address those delay.
Of great significance was the decision of the court to declare Regulation 2(5) unconstitutional and invalid to the extent that it sets the income threshold for insufficient means at R624 per person per month. Further that Regulation 5(1) be declared unconstitutional and invalid to the extent that is sets the monthly amount of the SRD grant at R370 per person. In concluding the judgement, the court ordered that the state fulfil its constitutional obligation by developing and implementing a plan to address the retrogression in the value of the SRD Grant and income threshold, and to progressively increase the value of the SRD Grant.
Lastly, the court ordered the Minister of Social Development and SASSA, in tandem with the Minister of Finance, to deliver the plans referred to in the judgement to the court within a timeframe of four months, on other critical aspects, the court ordered the respondents to address and implement the court’s findings without delay.
The Pretoria High Court judgement presents a highly impactful victory for millions of struggling informal/ formal working and unemployed households in South Africa. The findings of the court also represent a strong critique and condemnation of the manner in which the state has been mismanaging access to this vital social security protection, restricting millions from accessing the SRD Grant. The findings also serve as a strong reminder to National Treasury and the Minister of Finance of their constitutional obligations and to prioritise and safeguard our most vulnerable in society.
As NEHAWU, we once again welcome this victory and convey our continued commitment and support in the struggle against austerity and in protecting the needs and interests of workers, the unemployed and our communities. We call on the state and National Treasury to seriously contemplate their inconsiderate prioritisation of Neoliberal austerity measures over the vulnerable in our society. We will be monitoring the progress of the respondents in adhering to the court’s decisions and will be following up the plans devised by the Department of Social Development and SASSA both in the immediate and medium-term timeframe set by the court.
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Issued by NEHAWU Secretariat.
Zola Saphetha (General Secretary) at 082 558 5968; December Mavuso (Deputy General Secretary) at 082 558 5969; Lwazi Nkolonzi (NEHAWU National Spokesperson) at 081 558 2335 or email: lwazin@nehawu.org.za