Lunyawo v South African Social Security Agency (SASSA) (1685/2010) [2011] ZAECMHC 4

20th April 2011

This matter concerns the provisions of the Social Assistance Act (the “Act”)1 and the regulations issued pursuant thereto.2 The applicant was the recipient, or as described in the Act, the beneficiary of a disability grant (the “grant”) in terms of section 9 of the Act. In September 2009 payment of the grant stopped and the applicant approached this Court for assistance by way of motion proceedings. The applicant contended that the payment of the grant was terminated unlawfully in that the decision of the applicant to discontinue payment infringed upon her right to fair administrative action. The reason, according to her, was the respondent’s failure to apply a fair procedure by failing to advise her of the intention to cancel the grant and to afford her an opportunity to make representations. In short, her case was that she was not given an opportunity to influence the respondent before it took a decision to terminate the grant.