The Department of Social Development (DSD) is adamant that the Social Relief of Distress (SRD) grant is temporary and does not have the same standing in law as the other (permanent) social grants.
This point was made repeatedly by Advocate Luyanda Mtshotshisa, who represented the department, during a presentation to the National Assembly’s Portfolio Committee on Social Development on 5 March.
The portfolio committee wanted to hear the DSD’s response to a High Court judgment in January declaring several aspects of the SRD regulations unconstitutional and invalid.
Judge Leonard Twala ordered the government to take steps to increase the value of the grant, ensure that no eligible applicants are excluded, and address systemic failures in the administration of the grant.
The applicants in the matter were the Institute for Economic Justice and PayTheGrants, which are among the organisations lobbying the government to introduce a Basic Income Grant. The respondents were the Minister of Social Development, the South African Social Security Agency (SASSA), and the Minister of Finance.
Read: Court ruling on SRD grant could deepen the government’s fiscal crisis
February’s withdrawn Budget allocated R35.2bn to the SRD grant in 2025/26.
In 2024, National Treasury told Parliament that the grant would cost R171bn by 2032/33 if it became permanent, the uptake increased, and value approached the food poverty line of R796 per person a month. If the grant became “universal” – reaching 35 million people between 18 and 60 years old – the cost would rise to R400bn a year.
Treasury told the High Court that the government could not afford to extend the grant to more people.
“The fiscal position of the country is precarious, as expenditure exceeds revenue by R321.6bn in 2024/25 and the gross borrowing requirement is R559.6bn, rising to R623bn in 2025/26. Therefore, government cannot expand social grants further due to drops in anticipated revenue and increasing debt service costs,” it said.
Finance Minister Enoch Godongwana told the Sunday Times that the Budget would not have to include a VAT hike if the SRD grant were scrapped.
“If you allowed me to cut the SRD, I wouldn’t increase anything. I’m faced with increased expenditures which are not in the budget,” he was quoted as saying.
Godongwana said funding would have to be sourced if the grant continued. “If it continues, it’s not affordable; we’ll have to find a revenue source,” he stated.
‘Problematic’ constitutional issues
Mtshotshisa told the committee that the DSD, SASSA, and National Treasury lodged an application on 13 February for the Full Bench to hear an appeal against Judge Twala’s judgment.
If leave to appeal is granted, Judge Twala’s orders will be suspended until the appeal is heard.
Mtshotshisa pointed out that even if the appeal is not granted, the current SRD regulations automatically expire on 31 March this year. If the Cabinet decides to extend the grant, new regulations will come into force from 1 April.
He said the department, SASSA, and Treasury believe the judgment is flawed and should be appealed in its entirety. If necessary, the respondents will take the matter all the way to the Constitutional Court.
The issues raised by Judge Twala’s ruling may be moot or academic by the time the courts have handed down their verdicts. Nevertheless, Mtshotshisa said the constitutional issues raised by the judgment “are a problem for the department”, and Judge Twala’s orders “are not implementable”.
‘It’s a temporary relief’
The SRD grant was initially implemented in March 2020 under the Disaster Management Act as a temporary measure to support working-age individuals who suffered financial hardship because of the Covid-19 lockdowns. The grant of R350 a month was increased to R370 in April 2024.
After the National State of Disaster ended in April 2022, the DSD developed new regulations for the grant under the Social Assistance Act. There have been subsequent amendments to these regulations.
Judge Twala ruled that the SRD grant is a permanent grant under the Social Assistance Act, having the same legal status as the other social grants.
The department disagrees.
In its view, the SRD grant remains a temporary a measure that was introduced to address the economic hardship caused by the pandemic and lockdowns. For the SRD grant to become a permanent grant in terms of the Social Assistance Act, the policymaking processes must be followed, and the Act must be amended.
The department even takes issue with Judge Twala’s referring to the SRD grant as a “grant”.
Mtshotshisa said, “this particular grant is not necessarily a grant. It’s a social relief of distress, as contemplated in section 13 of the Social Assistance Act”. It has “nothing to do with other grants. It’s a temporary relief, which the minister has to implement as and when she or he feels necessary given a particular situation, so it is not a permanent grant […] It is a social relief of distress addressing a particular challenge at a particular time.”
Comments on other aspects of the judgment
Mtshotshisa did not want to divulge what the respondents will argue in their appeal, but he provided brief comments on the DSD’s views on aspects the judgment.
Judge Twala ruled that payment of the SRD grant may not be conditional on the availability of funds.
Mtshotshisa asked what the department is supposed to do if Treasury allocates R2bn to the grant in the financial year and that amount is exceeded by the number of applicants.
The court ordered SASSA to investigate the cause of widespread delays in payments to successful applicants and devise and implement a plan within four months of the judgment (23 January) to address these delays.
Mtshotshisa said the High Court “may have erred” in thinking that the regulations “exist forever”, whereas they are promulgated for a limited period of 12 months. The department extends the expiry date of the regulations once the Cabinet has decided to extend the grant.
It would be problematic to expect the Minister of Social Development to devise a plan within four months for regulations that may expire on 31 March, he said.
The court found that the amount of the grant is way below the food poverty line (R796) and has not been increased annually like the other grants. This was deemed contrary to the progressive realisation of the right to social assistance under section 27 of the Constitution. Judge Twala ordered the Minister of Social Development, in consultation with the Minister of Finance, to devise a plan to progressively increase the grant’s value.
Mtshotshisa countered this by again referring to the temporary nature of the grant, saying the DSD is not required to provide for an annual increase when the grant might be stopped at any time during the year.
The High Court said the means-test threshold of R624 person has not been adjusted and is therefore not linked to any objective measure of income such as the food poverty line.
Mtshotshisa said “it is not always easy” to do this because of the temporary nature of the grant.
Judge Twala ruled that the requirement for online-only applications for the grant is unfair, because it excludes individuals without access to digital resources.
Mtshotshisa said there are between 17 million and 18 million applications a month for the grant. It would be “a human resources nightmare” if all or a fraction of those applicants walked into SASSA’s offices, which are already inundated with applications for other grants.
Our country is a joke and if they take away R370 many people will not survive because there no jobs they don’t create more job and only poor people will feel the pain here!
I believe the government must take away this relief grant,firstly as even ppl who are employed and some who run small businesses like hairdressing are illegally earning thos grant,
Secondly we should give the government a chance and a task to create jobs by reviving factories like Babelegi,and GA Rankuwa industrial and many more of those industrial sites that used to provide meaningful jobs for our people
I think you out of your mind, if government wanted to create jobs they should have done that long before this srd grant. People are hungry and this R370 its not enough, just imagine what will happen to our people if it’s taken away.
They will survive how do I know this cause they survived before the grant was introduced because of covid what you dont realize is your country is getting poorer every year and society wont improve . Goverment cant spend more then it makes. Lol to plant a fruit tree is free just go to plant break a branch and plant it you just made a clone easy as that outside my house I’ve got 10 different fruit tree for people to enjoy not one cent payed mind blowing I know
I believe that goverment must increased this grant because many people are depending on this grant…and we are not same as people some of them can afford them self’s so ather people can’t afford some of them sleep without food..
South africa is useless we need rain that will wash everything and everyone out
Well said. Strongly agree with you
How do you think they bought the supplies to run that small business wena cause you working and earning something doesn’t mean they should stop it government spends a lot of money on themselves. Why don’t they just reduce their fancy lifestyle and rebuild those firms not take away what people are already used to. Now someone was depending on the SRD grant will they employ them form hero to zero. if they take it away you must get a job with immediate effect fair
As we all know , this is not a grand. It’s a social relief of stress. Year of COVID and lockdown has passed, every one is back to work.
It’s high time they cancel that relief.
Agree
Wrong
Yes we hope a great increase R750 I think will mage to buy food
There’s so many of our people going hungry everyday because they lost their jobs because of COVID and if you reach the age of fifty you can’t get work the government must reconsider those who really needs help our people are starving while government are living high profile lives doing nothing and go home with millions
With age gap l agree with you, as they are the only one who advertised job by saying 18-35 must apply. The must give grant for those from 35yrs going up. But l say this temporary relief fund must be cancelled, it’s time is over . It was not permanent but temporary
This grant must be equal to old age and disability grants bcoz of high unemployment in this country who should go hungry with their families,while the law makers,politicians,Rich people are eating stakes and full meals.
It looks like the poor shall remain poor for as long as they are loyal to the government of the country,but thanks to those who thinks more of us.
Sbongile, are you saying an 18 year old must get R2800 even if she is able to use his or her hands.
That is so crazy then.free house and money
We going to take to the street if they stop the srd…they must cut the cabinet nd blue lights
It means you are capable of going to the streets and get a job. Use that energy to get a job. Fact is it is written in English that it is a TEMPORARY RELIEF FUND, Temporary not permanent.
You could have went to the streets the time they implemented this fund, to ask for Permanent grant not relief fund.
There is no job put there guys I’ve been trying but no luck so this temporary grant helps a lot and we appreciate it…
imagine if they stop the grant,people will starve,and woill have to goto free food outlets just to survive meaning a high alyert of mental health concern in the near future,do they want this country to look like sudan or syria
This grant is needed badly amongst the poor
It is nice to talk if you are not in a situation. If you see someone hungry and you have plenty then you think because a person is a fulish. They say what goes around comes around. People are dying every day where is the revenue for that? People now are taken as a scrap metal for recycling but where is the revenue for that scrap metal.
What goes around comes around
They must just increase the grant and make it permanent. Our government allowed foreigners to run businesses instead of teaching it’s youth entrepreneurship skills. It’s a fact that foreigners are living good life than the beneficiaries of this country. It’s a mess that our government created, let them increase the grant
True to that our government Excell in squandering millions of money instead of doing their job properly let them minimize the revenue of ministers & reduce on their benefits since they serve themselves & introduce SRD as a permanent grant
It’s tough out there, I know people who go to bed with an empty stomach, this little R370 does something in their lives..
More job opportunities for the youth will do…srd must not be done awYay,i was unemployed before,it helped me buy toiletry and ptint cvs
Government must come with a plan to increase the grant and make it permanent,too many people are poor because of the high unemployment rate, people are losing work daily.
370 must stay rather let the people who need it eat than for corrupt politicians to make their pockets fat!
The government state it’s a grant by in court its social relief. Debate Coles when the poor have to be catered they live in fat checks every months even increasing their pay per annum. Cut the deputies, VIP protection they too old to be protected Traore is young in Bakino Faso doing more that this western subservience on Cabinet they take our minerals to their master by don’t want to serve us with profit they get .
The Srd agency their talking money most people’s their decline by source of income,their not getting salary anywhere, appeal it takes a year u do appeal they decline , government must do investigation , people’s they must get their Srd money
We need to rob everyone who is rich if they stop it
It’s depended on most of our over 40years that don’t find employment how can the government not realize how depended the. Country is upon the grant its a means of income for us it can’t be taken away its wrong
But to some of us who are struggling to apply for child grant for our kids are getting the R370 and using it to buy food to put on the table so how are we suppose to survive then when we try to apply for the child grant they let us go back and forth I’m running up and down and still haven’t received the help I need because they keep sending me here and there that I gave up because going here and there cost money,money that I don’t have and now they even stoped my srd sassa it says source of income identified what income I’m not working I do not have a job for the pass 3 months now I’ve not received any money because it says income identified but I’m unemployed my child and I are starving well others are eating nice is that fair
Me I’m not working I’m unemployed but always my srd says source of income ppl who work get salary they received this srd,If you asked somebody to help you with food and they stay far from you if the send you R150 or R120 for food it’s says source of income they don’t know where you get dat money how much stress you where in to get dat money for them is sources of income,I don’t take they cut it or not I don’t care of this corrupt politicians anymore
A cleaner is earning R30k a month In parliament, what a Hell is that. Government must increase the SRD no stopping
Why doesn’t our government just cut costs by firing all deputy ministers and reduce the number of departments, government can save a couple of billions and why are the giving grants to big business when they can give this grants to start ups and small to medium business to build production and help them grow, am talking as a small to medium business owner
I agree to cutting all unnecessary posts. If there is no deputy, the minister will have to start to work to earn the salary they receive . The “blue light brigade ” Is it really necessary…my personal view about that….it’s one hel of a show of. No road laws are adhere to. The drive as if they are chased. Absolutely ridiculous.
My major concern is that young girls fall pregnant on purpose, because of the child grant. What does statistics show since this grant was implemented, to the same time before. I think if they receive grants for maximum 2 children only. I bet they will think twice before falling pregnant for the 3rd time.
Another issue concerning is that foreigners can apply for a grant. All they need is to open a bank account.
True to that our government Excell in squandering millions of money instead of doing their job properly let them minimize the revenue of ministers & reduce on their benefits since they serve themselves & introduce SRD as a permanent grant
We as south Africans we. don’t think for other poeple who are unemployed. Please leave. those who are getting. s rd. maybe. our .gov will. change. and increase. to something better. Think twice. before u say something. Poeple are hungry out there