Zoleka Qodashe11 March 2025 | 16:44

Tolashe & SASSA appeal judgment declaring 2023 regulations limiting access to SRD grant unconstitutional & invalid

In January, the Gauteng High Court found, among other things, the requirement for grant recipients to apply online for the R370 grant was invalid.

Tolashe & SASSA appeal judgment declaring 2023 regulations limiting access to SRD grant unconstitutional & invalid

Sisisi Tolashe. Picture: GCIS

JOHANNESBURG - The minister of social development and the South African Social Security Agency (SASSA) are appealing a judgment which declared the 2023 regulations that governed the distribution of the social relief of distress (SRD) grants as unconstitutional and invalid.
 
In January, the Gauteng High Court found, among other things, the requirement for grant recipients to apply online for the R370 grant was invalid.
 
The applicants in the matter, advocacy group #PayTheGrants and the Institute for Economic Justice, challenged the regulations last year, arguing that they limited access to the much-needed aid.
 
The Gauteng High Court in Pretoria declared as unconstitutional regulation 3(2) to the extent that it provides for SRD grant applications to be lodged on an electronic platform only.
 
However, in papers, Social Development Minister Sisisi Tolashe and SASSA argued that the judge erred in the finding.

They say he should have considered that the COVID-19 grant was introduced during the hard lockdown in the country and that the only way to roll out the grant was for applications to be made online.
 
They described the grant as progressive and a success, alleging that government had managed to reach over 15 million people within the six months of implementation.

Hitting back at advocacy organisations #PayTheGrants and the Institute for Economic Justice, they’ve pointed out that no evidence was placed before the court that there were citizens unable to apply for it due to the lack of access to phones, digital literacy and/or poor internet connectivity.