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The North Gauteng High Court has thrown out an eleventh-hour bid from The Black Sash to stop the cancellation of a R500 grant top-up for some 7.1 million caregivers across the country.
The court on Friday struck the case – in which The Black Sash was represented by the University of Witwatersrand’s Centre for Applied Legal Studies (CALS) – from the roll, over issues with the urgency with which it had been brought.
In April, government announced grant top-ups across the board as part of its broader Covid-19 social relief efforts.
And last month, Social Development Minister Lindiwe Zulu extended some of the temporary grants which had been introduced during this period until the end of the year.
But the Black Sash rushed to court in pursuit of an interdict this week after what it described as a shock announcement – made on (Sassa’s) official Twitter account late last week – that all grant top-ups had “come to an end”.
“The grant amounts as from November will revert to pre-covid amounts. There is no extension to the top up amounts,” the announcement read.
In the founding papers, national director Lynette Maart had argued the payment of the top-up caregivers’ grant was “indelibly linked” to the declaration of the national state of disaster.
“In short there is no rational reason for the termination of the top up grant to precede either the end of the state of disaster or alternatively, abruptly stop when the deleterious impact of the state of disaster on the most vulnerable – women and children – continues to wreak havoc on basic social security, such as access to food, childcare and shelter, among others,” she had said,
“Moreover, there is no empowering legislative mechanism authorising the first respondent to terminate the top-up grant, intrinsically linked as it is to the state of disaster. Beneficiaries cannot be denied access to top up benefits meant to ameliorate the impact of the state of disaster when the state of disaster has not come to an end and whilst its pervasive hardships on social security stubbornly abide”.
And CALS’ Ariella Scher said yesterday that the consequences of cancellation of the grant top-up would be far-reaching.
“From tomorrow (Saturday), 7.1 million people will have significantly less money to ensure their food security,” she said.
As far as next steps went, Scher said the centre would have to take instructions from its clients.
In the meantime, Scher called on the Department of Social Development to at least expand the eligibility criteria for the Social Relief Distress grant – which has been extended – to include those already receiving caregiver grants.
It’s understood Sassa had intended on opposing the case against it but at the time of publishing, Sassa had not responded to a request for comment on the outcome of yesterday’s proceedings.
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