On 14 February 2011, SECTION27 made a written submission on the Department of Social Development’s Draft Regulations under the Social Assistance Act, 2004 (“Draft Regulations”).  The Draft Regulations deal with the appeal procedure for aggrieved applicants for social assistance, first to the South African Social Security Agency (“SASSA”) and then to the Independent Tribunal for Appeals (“Tribunal”).

SECTION27 recommended certain procedural and substantive changes to the Draft Regulations that are important for the realisation of the right to social assistance guaranteed by section 27 of the Constitution.  SECTION27 raised concerns about, inter alia:

  • the requirement for aggrieved applicants to incur the financial burden of providing copies of SASSA documents for the purposes of lodging an appeal;
  • the open-ended timelines for SASSA to process appeals;
  • the prohibition on producing new evidence or information at the appeal stage;
  • the inability of the Tribunal to provide the relevant grant in circumstances where an applicant qualifies for the grant at the time he or she comes before the Tribunal;
  • the role of the secretariat; and
  • the lack of detail concerning the appointment of members of the Tribunal and their terms and conditions of appointment.

To download the full submission click here (PDF 646KB).