The Gauteng High Court ruled on Thursday that several regulations governing the Social Relief of Distress (SRD) grant are unconstitutional, including the requirement that applications be submitted exclusively via electronic platforms.
Court declares R370 SRD grant unconstitutional
The ruling, delivered in Pretoria, has major implications for the South African Social Security Agency (SASSA) and its grant infrastructure.
The court declared Regulation 3(2), which mandated electronic-only applications, invalid, ordering that in-person applications must also be permitted at SASSA offices.
This decision aims to remove barriers for vulnerable applicants who lack internet access or digital literacy.
Additionally, the court struck down the current R370 SRD grant amount as unconstitutional, citing that it fails to meet the basic needs of South Africans amid rising living costs and inflation.
The court further invalidated the income threshold of R624 per person per month, deeming it too restrictive and an exclusionary measure that undermines access to social assistance.
The judgment also criticised SASSA’s reliance on database checks and bank verification for determining eligibility, as these often excluded legitimate applicants.
SASSA was directed to develop a plan to address delayed payments and progressively increase the grant amount and income threshold.
The court also instructed the government to consider inflation and poverty benchmarks when determining the value of the SRD grant moving forward.
What does this mean?
This ruling introduces significant changes to SASSA’s grant processes.
With the electronic-only application requirement overturned, individuals unable to access digital platforms now have the option to apply in person at SASSA offices, potentially expanding access to millions of vulnerable people.
However, the ruling complicates SASSA’s recent efforts to combat fraud. The agency had introduced stricter verification systems, including database checks, which the court has now invalidated. These methods will need to be re-evaluated, particularly as SASSA plans to reintroduce facial recognition technology to enhance security.
SASSA has not yet responded to the ruling, but it faces a four-month deadline to deliver and implement a plan to comply with the judgment. This includes increasing the SRD grant amount, revising the income threshold, and addressing persistent payment delays.
The decision also casts doubt on the agency’s recent suspensions of grant payments to applicants flagged for possible fraud. Without functional verification systems, legitimate beneficiaries could face further delays.