http://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / All Case Law RSS ← Back
Health|Power|SECURITY|Services
Health|Power|SECURITY|Services
health|power|security|services
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Mpayipheli v Minister of Social Development and Another (3956/16) [2017] ZAECMHC 15

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Mpayipheli v Minister of Social Development and Another (3956/16) [2017] ZAECMHC 15

15th June 2017

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

[1] The issue raised in this application can best be understood against the background of the relevant statutory matrix.

[2] Section 18 of the Social Assistance Act sets out the procedure to be followed when a decision by the South African Social Security Agency is being reconsidered.

Advertisement

[3] Of more relevance to this application is section 18(2)(a) of the Act which gives the Minister of Social Development, upon receipt of an appeal contemplated in section 18 (1A) of the Act, the power to “confirm, vary or set aside” the decision of the Agency on an application lodged by the applicant for social assistance in terms of section 14.

[4] After the applicant’s application for a disability grant had been refused by the Agency, primarily on the ground that it had been “lodged outside the prescribed 90 day period”, the applicant lodged an appeal in the prescribed manner, predicated on the following:

Advertisement

“The administrator relied on an evidence or information of an expert nature for its conclusion and no opportunity was given to appellant to make representations in response.  The appellant is an unskilled person and can only be accepted in the labour market requiring unskilled labourers.  Unskilled labourers require a perfect health with all senses functioning.  It was unreasonable not [to] grant even a temporary disability grant”.

[5] In the course of time the applicant was invited, by the Acting Chief Director: Legal Services, to furnish the Department of Social Development with certain outstanding documents.  The applicant was further advised as follows:

“Regulation 19 (1)(7) provides that 90 days period referred to in regulation 16 (2) will only start running from the date of receipt by the Independent Tribunal of all required documents under sub-regulation 3.  Please be advised that should you respond [to] this letter after a period of 90 days from the date on which the reconsideration outcome was issued, kindly fill in the attached condonation form.”

  • Mpayipheli v Minister of Social Development and Another (3956/16) [2017] ZAECMHC 15
    Download
    0.29 MB
Sponsored by

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now