Gauteng High Court Ruling Opens Doors for More Access to the R370 SRD Grant
SRD Grant Online-Only Application Rule: In a landmark judgment handed down on Thursday, the Gauteng High Court has declared several 2023 regulations implemented by the South African Social Security Agency (SASSA) as unconstitutional and invalid. These regulations, particularly the online-only application requirement for the Social Relief of Distress (SRD) grant, have faced significant backlash for limiting access to millions of vulnerable South Africans.
The Judgment Explained
The court, led by Judge ML Twala, ruled that requiring SRD grant applications to be lodged solely on electronic platforms unlawfully excluded impoverished individuals who lacked access to technology. To address this, the court amended the regulation to include the option for applications to be submitted at SASSA offices.
Judge Twala criticized SASSA and the Department of Social Development for their “inefficient administration” and their use of restrictive regulations that exacerbated human suffering.
Why the Judgment Matters
This ruling has far-reaching implications for millions of South Africans who depend on the R370 SRD grant for survival. Legal action taken by the Institute for Economic Justice (IEJ) and the advocacy group #PayTheGrants exposed how these regulations unfairly excluded eligible individuals by broadly defining “income” and relying on arbitrary verification processes.
Key points from the judgment include:
- Invalid Definition of Income: The court clarified that “financial support” does not constitute income if it is received regularly, benefits the recipient, and the recipient has a legal right to it.
- Proxy Means Test Scrapped: Verification procedures involving checks with banks were deemed unconstitutional and invalid.
- No Withholding Due to Depleted Funds: SASSA can no longer withhold SRD grant payments based on the availability of funds.
Criticism of the SRD Grant’s Value
The judgment also addressed the inadequacy of the SRD grant amount, which is far below the 2023 food poverty line of R760. Twala noted that the government failed to justify why the grant remains insufficient to alleviate hunger and poverty, defeating its intended purpose.
Delays in Payments
The court ordered SASSA to investigate and address widespread delays in payments to successful applicants. A plan to rectify these issues must be delivered and implemented within four months, ensuring timely assistance for beneficiaries moving forward.
The Numbers Speak
As of October last year, over 17 million people applied for the SRD grant, while only 8.5 million beneficiaries were approved due to the capped allocation. This figure marks a significant increase from September 2021, when 13.8 million applications were recorded.
A Step Toward Justice
The court’s decision marks a critical victory for advocacy groups and millions of vulnerable South Africans. By broadening access to the SRD grant and addressing administrative inefficiencies, the ruling reinforces the government’s responsibility to support its most impoverished citizens.
