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Is SASSA acting unconstitutionally with its verification process?

Is SASSA acting unconstitutionally regarding the increased denial rate for South Africa Social Security Agency grants? Well, two social justice organisations, #PayTheGrants and the Institute for Economic Justice (IEJ), believe so. And they will pose the question of SASSA acting unconstitutionally on Tuesday 29 October 2024 to the Pretoria High Court, reports GroundUp. Their application was filed last year (2023).

IS SASSA ACTING UNCONSTITUTIONALLY?

SASSA acting unconstitutionally
Grants are denied and all the while the neediest South African residents struggle to make ends meet. Image: File

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

SASSA acting unconstitutionally
Agency and the treasury refute claims that social security authorities are behaving unconstitutionally. Image: File

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.

SASSA acting unconstitutionally
Know and diarise your SASSA grant payment dates. Image: File

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.

DO YOU THINK SASSA DENIALS ARE UNCONSTITUTIONAL?

SASSA acting unconstitutionally
Let us know in the comments section below what you think of the agency … Image: File

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