Share
Wednesday, September 16, 2015
Share

Nature of the Case

A complaint was filed before the Eastern Cape High Court by Phakamile Ranelo alleging the unlawful termination of his disability grant. This case addressed a range of issues including, the requirement of notice as to approval of one’s disability grant and its nature, and the principle of reasonable expectation.

Enforcement of the Decision and Outcomes

The court declared that the termination of payment on the disability grant was invalid. It required the South African Social Security Agency to reinstate the applicant’s disability grant within four weeks from the date of the order granted. This reinstatement had to include necessary back payments.

Significance of the Case

The decision reinforced the requirement of notice within the context of South Africa’s social security system. First, it established that providing required notice regarding a disability grant entailed demonstrating actual receipt of a letter or other written notice. Second, the case showed that it is not necessary to present evidence as to the nature of a party’s disability whenever a disability grant is at issue. The degree of disability would only be an issue in an action disputing the temporary nature of the grant.

(Updated August 2015)