Grants Payable in South Africa: Critical Analysis of Social Assistance Framework

Abstract

South Africa has been the last country to receive democracy in Africa. Its historical background forms a reminder about the injustices of the past which has led it to face the traces of poverty amongst the local townships requiring the state to overlook the welfare of its people. The purpose of this topic is to enlighten the world about the impact of the Social Assistance Act 13 of 2004 that has shaped the lives of the people of the country. Prior 1994 grants were racially segregated with beneficiaries receiving much higher pay-outs. The State Old Age Pensions and Disability Grants were phased in the mid-90s dramatically increasing the number of Black Beneficiaries, Coloureds and Indians, the administration was notoriously difficult. The 2004 Act laid the foundation for the current national framework administered by SASSA. Through an analysis of legislation, a case law and academic literature, the article evaluates the effectiveness of the current legal framework in promoting the social security. It concludes that while the Act has significantly improved access to social assistance challenges such as maladministration, and inadequate access for vulnerable groups remain. The article recommends the stronger improvement in the administrative processes in order to enhance the service delivery of the social assistance.

1. Introduction

Before formal Social Security and Social Assistance, was introduced (before the colonial era) societies and family members were mainly provided through kinship- based systems. Children, elderly people, pregnant women, the disabled and the sick whose productive capacities were limited or impaired, received support from their families. Support also extended beyond the immediate family to wider clan or community. These traditional methods of support were later influenced by the Western way of support which took more formal that included the social assistance provided by the state.

In my argument I would outline that there are strategies initiated to raise the standard of living for the one who cannot make means of income’. We are still lagging behind in terms of the social assistance administration and employment rate that still needed in order to improve our socio economic situation although the is a strong lobby to advocate for a comprehensive and inclusive Basic Income Grant that the government has vested so far which are the Social Grants.

This article outline the right to human dignity, along with the right to security of the person, forms part of the central rights and the values underlying the South African Bill of Rights . Guaranteeing these rights allowed the South African constitutional order to move forward.

2. The Legal Framework

2.1 The Legal Framework Governing Social Grants under the Social Assistance Act 13 of 2004.

The Social Assistance Act of 2004 provides for, the administration of social assistance and payment of social grants for eligible South African citizens and permanent residents

The establishment of the statute was to provide the social assistance to persons, to provide for the mechanism for the rendering of social assistance to any person who is in need of financial liberty and falls under the criteria of the people who are liable to receive the grants from the government of the republic of South Africa. Another determining factor for the person to receive the social assistance or to meet the requirements in order for him to be awarded the social grant is his position of financial means. Please note that: A South African citizen in terms of the Act, means a person who has acquired citizenship in terms of chapter 2 of the South African Citizenship Act 88 of 1995.

2.2 Legislation

Section 28 of the Constitution gives every child the right to family, parental or alternative care, shelter, basic health care services, and basic nutrition. In order to give effect to the rights entrenched in section 28 of the Constitution of the Republic of South Africa, various Acts provide grants and benefit to parents and caregivers to support children in their care. Please note that there is also an Old age grant that has been intended to support elderly people who meet the eligibility requirements.

The significant of this legislative mandate is to eradicate poverty amongst the South Africans in execution that leads the people of the country to afford their basic needs such as food and clothing for those who cannot make means and meeting the criteria as mentioned above. The purpose is this article is to share sentimental knowledge about the South African Social Assistance and all the fundamental procedures that align with it in order for everyone relevant and involved to be equipped about the other matters of the Republic of South Africa as the most beautiful rich historical country in the continent of Africa and what makes it to be announced as the privileged country.

The most important principle captured in section 28(2) is that the best interests of the child are the paramount importance in every matter concerning a child. On the other hand, section 27 (1) (c) of the constitution provides that everyone has the right to access to social security including, if they are unable to support themselves and their dependants appropriate social assistance moreover section 27 (2) oblige the state to take responsible legislative and other measures within its available resources, to achieve the progressive realisation of the right to have access to social services furthermore section 27 (2) provides that legislative measures , financial , administrative , judicial, economic, social and educational measures must be taken. Note that all these provision do not only apply to South African citizens however also the permanent residence of the state.

2.3 Case Law

In Khosa and Others vs the Minister of Social Development and Others, Mahlaule and Others vs the Minister of Social Development and others 2004 (6) SA 505 (CC)

The main issue was whether the non- South African citizens but permanent residents qualify for a social grant whether that qualifies as an unfair discrimination. The findings this case concerns an application of an order confirming the constitutional invalidity of certain provisions of the Social Assistance Act 59 of 1992. The challenged sections disqualify person who are not South African from receiving certain welfare grants. The application argued to high Court that the citizenship requirement infringed their Constitutional rights to equality, social security and the rights of the children however the Constitutional Court ruled that the excluding of permanent residents from social grants or welfare especially grants like old age, pensions and child support – violated their constitutional rights to equality and human dignity therefore the court found that the permanent residents, much like citizens , live and work in South Africa, pay taxes and make the country their home therefore denying them access to social assistance when they are destitute and unable to support themselves is unconstitutional.

3.1 Types of Social Grants

3.1.1 Child support grant

The child support grant is paid to provide for the basic needs of children up to the age of 18 years whose parents or primary caregivers are not able to provide sufficient support for them because of factors such unemployment of poverty.

3.1.2 Care Dependency Grant

The care dependency grant is for children up to the age of 18 years who have severe disabilities and who require and receive permanent home care. The grant is means- tested. It is payable to parents, foster parents, custodians or guardians providing permanent home care to an unlimited number of children.

3.1.3 Foster Care Child grant

The foster child grant is meant for children under the age of 18 years who have been placed in foster homes by the court. It is payable to the foster parent for an unlimited number of children.

3.1.4 Old Age Grant

The old age grant is meant for the elderly, both men and women from the age of 60 years, the pension is also means-tested. It is one of the two largest social security transfers in South Africa together with the child support grant.

3.1.5 Disability Grant

The disability grant is paid to the disable people who have attained the age of 18 years and older and who, owing  to a physical or mental disability, are unfit to obtain by virtue of any service, employment or profession, the means needed to enable them to provide their own maintenance.

3.1.6 Grant-in-aid

A person is eligible for a grant in aid if he or she is in such a physical or mental condition that he or she requires regular attendance by another person.

3.1.7 War Veteran’s Grant

A person who is eligible for a war veteran’s grant if he or she is owing to a physical or mental disability, unable to provide for his or her maintenance has perform any naval, military or air force services. The person must have attained the age of 60 years and must be a South African citizen.

3.1.8 Social Relief

Social relief of distress granted to an individual or a community, it is given monthly and may not exceed the maximum social grant payable to the person per month. Extension of the period by a further three months may be granted in exceptional cases.

3.2 Administration of Social Grants in South Africa

The Agency was established in April 2005 it is streamlined a d application process involves fewer people and fewer steps. A person needing a social assistance should apply in the prescribed manner and present himself or herself at the Agency’s office or any designated place in the area he or she resides. The Agency must on approval of a grant application inform the applicant in writing in the language of preference of the applicant of such approval and the date of which the approval was granted. The Agency upon refusal of the grant must inform the applicant the refusal and its reasons. If approved then the grant must be payable from the date on which the application was deemed to have been made.

3.3 Challenges in implementing the Act

Firstly South Africa has issues of fraud generally and that has been found in all the Government institutions particularly in the South African Social Security Agency (SASSA) I have discovered through my research that the officials of the agency are committing fraud by assisting the people on the ground to receive the grant even though they do not meet the criteria. Another case of fraud and perjury is discovered in the citizens of the country where they normal lie and forge their unemployment statuses in order to fall within then eligible criteria. Moreover the maladministration where the Agency fails to deliver to the vulnerable groups that were excluded in the grants due to lack of enough procedures to follow considering the fact of the illiterate and disadvantaged people. The delay of the peoples pay-outs due maladministration also effect its effectiveness. Furthermore the unlawful acts committed by both the public and the Agency in terms of the access of the grant where one would bribe the other in order not to verify him for his legibility process that has been consistently introduced due to the purpose of eradicating misrepresentations, maladministration and fraud that negatively affect the impact of the social assistance act.

3.4 Critical Analysis in Africa and South Globally

The widespread agreement that social assistance has expanded rapidly across the global South can be demonstrated with data from various sources including the International Labour organizations (ILO 2017), World Bank (2017b), and also the most recent Social Assistance, Politics and Institutions (SAPI) database (NU-WIDER 2018). To illustrate, SAPI suggests that, globally, nearly 900 million people currently benefit directly and indirectly, from social assistance. African countries lag behind other parts of the global South. The SAPI counts more than 60 million people- about 15 percent of the population living extreme poverty currently receiving a cash transfer through a total of 86 programmes in 37 countries. The number of countries with social assistance programme has risen, largely driven by a growing number of public works and family allowances but also old age pensions and cash transfers for human development. Although the combined reach of these programmes has risen more modestly. Coverage rates and public expenditure might be lower in African than in some other parts of the global South (ILO 2017, World Bank 2017b) at least by some definitions of the social assistance, but social assistance is very clearly on the agenda of many African countries.

4. Recommendations

The Agency was established to handle the administration and payment of the social grants of South Africa according to eligible criteria impartially and fair therefore it must improve its efficiency in the administration of the social grants up to the delivery of the social grants and reducing corruption in the system. The is this deployment of the grant verification officials that will be newly implemented, that might assist in eradicating all the unlawful conducts happening within the Agency itself and amongst the people of the public who are the so called grant beneficiaries. The public should not misuse the state funds considering the fact that, it might negatively impact the state financial welfare and this current grants might be limited or rather be suspended.

Social grants play a very prominent role in reduction of poverty in South Africa. They cover part of the costs of supporting families and raising children however in order to target those in need of assistance, a means test has to be conducted and applied and no one should dodge because of his own selfishness that might harmfully cause the state and the public. Permanent residents of South Africa who also fall within the eligible criteria of grants may also receive the limited grants by means- test as well. Integrity can help us all shape our countries for better and protect them from harm inflicted by greed.

5. Conclusion

The intention of the Social Assistance Act 13 of 2004 is to provide in an effect of the constitutional right to social security in South Africa by providing financial assistance to vulnerable individuals and households. Although the Act plays a significant role in improved access to social grants there are still challenges such as administrative delays, fraud and the other barriers that affect the access grants to its effectiveness. The public not having integrity toward the grants processes and the argument by the South African citizens who disputes the fact that the permanent residents also acquire limited social grants while they have been phrased as ‘Immigrants’ however the relevant case law was applied in outlining the ruling of the court as overruled that the exclusion of permanent residence in certain grants are reviewed as discrimination and unfair.

This article has argued that strengthening oversight, improving administrative efficiency and ensuring that all eligible beneficiaries’ access the social assistance promptly would enhance and the objectives of an Act promoting the social justice. Ultimately the effectiveness social assistance system is essential for protecting human dignity, reducing poverty and advancing equality in South Africa.

Footnote(S):

Constitution of the Republic of South Africa, 1996, s 27(1) (2) (c)

Constitution of the Republic of South Africa, 1996, s 28 (c)

Social Assistance Act 13 0f 2004

Bibliography

Legislation

• Constitution of the Republic of South Africa, 1996, s 27(1) (2) (c)
• Constitution of the Republic of South Africa, 1996, s 28 (c)
• Social Assistance Act 13 0f 2004

Cases

• Khosa and Others vs the Minister of Social Development and Others, Mahlaule and Others vs the Minister of Social Development and others 2004 (6) SA 505 (CC)

Journal Articles

• Government Gazette Republic of South Africa No. 13 of 2004: Social Assistance Act, 2004

Books

• Olivier et al Social Security: A Legal Analysis 1 ed 2003

(Durban LexisNexis Butterworths)

• Law and Social Policy in the Global South

Author: Ulrike Davy and Albert HY Ched

• The Politics of Social Protection in Eastern and Southern Africa

Author: Sam Hickey, Tom Lavers, Miguel Nino- Zarazua, Jeremy Seekings

• The Landmark and Constitutional Cases That Changed South Africa : Volumn II

Author: Marius Van Staden and Roxun Laubscher