Victory in Mbombela High Court for vulnerable members of society
The Department of Social Development was ordered to make monthly subsidy payments for 36 people in the care of Sunfield Home Fortuna, a non-profit company that is registered as a welfare organisation.
A judgment delivered in the High Court of Mpumalanga on January 24 will secure the continued residence of 36 persons with mental and physical disabilities.
A dispute arose over a service level agreement between the Department of Social Development (DSD) and Sunfield Fortuna Home. The agreement regulated the rights and obligations of the DSD and Sunfield when patients are placed there for care by the department.
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Sunfield Home Fortuna is a non-profit company registered as a welfare organisation, located in Balfour, Mpumalanga. It accommodates and cares for about 67 persons with physical and intellectual disabilities. Of those, 36 are state-subsidised by the DSD.
The case began when Sunfield approached AfriForum for help in August 2022, focused on what they feel was an unfair subsidy amount that had never been increased in the past 15 years. Sunfield faced the cancellation of this subsidy, which could potentially have led to the relocation of some vulnerable residents.
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Mazibuko said, “The DSD owes a constitutional and statutory duty to care for the patients of Mpumalanga. So does the Department of Health for persons with intellectual disability. They have a responsibility to take reasonable steps to settle any disputes with its service providers like Sunfield, mainly where deadlock affects the care of one of society’s most vulnerable groups.”
In terms of the judgment, with effect from April 1, 2024, the DSD has to make subsidy payments at a monthly amount as determined by the court, and the annual increase must be budgeted and paid based on the Consumer Price Index or agreed upon percentage.
