Tolashe granted leave to appeal judgment declaring SASSA 2023 regulations unconstitutional

JOHANNESBURG - The Gauteng High Court in Pretoria has granted the Minister of Social Development, Sisisi Tolashe, leave to appeal its judgment that declared the South African Social Security Agency (SASSA) 2023 regulations unconstitutional.  

Earlier in 2025, the court found that the regulations limited access to the R370 grant and invalidated, among other things, the requirement for grant recipients to apply online only.  

It also declared invalid the strict definitions of “income” and “financial support”, which restricted access to financial aid to fewer people.  

Advocacy groups #PayTheGrants and the Institute for Economic Justice challenged the regulations before the superior court in 2024, arguing that they limit access to much-needed aid.  

The test for an application for leave to appeal is that it may only be granted when the court is of the view that the appeal would have a reasonable prospect of success or whether there are compelling reasons why the appeal should be heard.  

In this instance, Judge Mpostoli Twala of the Gauteng High Court in Pretoria finds the matter deserves the attention of the Supreme Court of Appeal (SCA).  

In his judgment, he said this is due to its complexity and seriousness and that it impacts almost 30% of the population.  

Twala also stressed that he was satisfied that he considered all the issues and arguments raised by the parties, including the submission that the 2023 regulations limit access to the R370 grant and violate section 27 of the Constitution.  

This section stipulates that everyone has the right to access social security.