Two social justice organisations want to know in front of the High Court if SASSA is acting unconstitutionally.
Two social justice organisations want to know in front of the High Court if SASSA is acting unconstitutionally. Image: File

Home » Is SASSA’s verification process unconstitutional?

Is SASSA’s verification process unconstitutional?

Later this month, the Pretoria High Court will consider the case regarding SASSA’s alleged unconstitutional actions related to the rising rates of grant denials.

11-10-24 12:59
Two social justice organisations want to know in front of the High Court if SASSA is acting unconstitutionally.
Two social justice organisations want to know in front of the High Court if SASSA is acting unconstitutionally. Image: File

Are SASSA’s increased denial rates for grants unconstitutional? Two social justice organizations, #PayTheGrants and the Institute for Economic Justice (IEJ), think so. They plan to raise this issue in the Pretoria High Court on Tuesday, 29 October 2024, according to GroundUp. Their application was submitted last year (2023).

IS SASSA ACTING UNCONSTITUTIONALLY?

Following this month’s latest (October 2024) SASSA grant increases, the agency has been left reeling. As reported by The South African, a SASSA spokesperson initially said Social Relief of Distress grant applications had suddenly spiked to 17 million in one month. Only to refute these claims, saying instead that the figure accounted for all 2024 SRD applications.

It was a confusing series of events that still doesn’t account for the fact that only one out of every three SASSA SRD applicants is approved. Currently, only residents earning less than R625 per month – putting them well below the poverty line – are eligible for grants. If every 2024 SASSA SRD applicant were to be approved, the Department of Social Development would have to fork over R6 billion in aid every single month. Well beyond budget restrictions.

BIOMETRIC VERIFICATION

Along with a database that’s heavily integrated to that of Home Affairs, the IEJ believes SASSA is acting unconstitutionally by denying eligible people access to government grants. Currently, SRD applicants must contact the agency through their website monthly and confirm their SRD status is approved. The affidavit hopes to reform the definition of income, too. As it stands, any financial support from family and friends is included as income. Likewise, the application hopes to persuade the High Court that the eligibility threshold be raised to match inflation.

However, SASSA executive manager Brenton van Vrede says database verification prevents ‘double-dipping’ by applicants. This is to confirm beneficiaries are not receiving funds from other government institutions. Therefore, using multiple databases for verification is both ‘reasonable and necessary’. Likewise, the digital process helps due to SASSA’s ‘limited human resource capacity.’ He believes adding in-person manual processes to the SASSA SRD grant would only harm the process.

NOT UNCONSTITUTIONAL

Furthermore, acting director-general for the Treasury, Edgar Sishi, says in an affidavit that the agency’s regulations do not violate anyone’s constitutional rights to social security. “In fact, they facilitate greater access to social security, and provide as much coverage and protection to the most vulnerable South Africans that the state can afford. Invalidating the current regulations could have disastrous economic consequences,” concluded Sishi.

NOVEMBER 2024

  • Older Persons Grants: Tuesday 5 November 2024.
  • Disability Grants: Wednesday 6 November 2024.
  • Children’s Grants: Thursday 7 November 2024.

DECEMBER 2024

  • Older Persons Grants: Tuesday 3 December 2024.
  • Disability Grants: Wednesday 4 December 2024.
  • Children’s Grants: Thursday 5 December 2024.

JANUARY 2025

  • Older Persons Grants: Friday 3 January 2025.
  • Disability Grants: Monday 6 January 2025.
  • Children’s Grants: Tuesday 7 January 2025.

FEBRUARY 2025

  • Older Persons Grants: Tuesday 4 February 2025.
  • Disability Grants: Wednesday 5 February 2025.
  • Children’s Grants: Thursday 6 February 2025.

MARCH 2025

  • Older Persons Grants: Tuesday 4 March 2025.
  • Disability Grants: Wednesday 5 March 2025.
  • Children’s Grants: Thursday 6 March 2025.

*Beneficiaries should note that payments may take 2-3 days to reflect in your bank account.