This Act was repealed on 1996-03-01 by Social Assistance Act, 1992.
There are outstanding amendments that have not yet been applied. See the History tab for more information.
Social Pensions Act, 1973
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History of this document
01 March 1996
Repealed by
Social Assistance Act, 1992
25 March 1994 amendment not yet applied
03 July 1983 amendment not yet applied
Amended by
Pension Laws Amendment Act, 1983
01 October 1973
Commenced by
Social Pensions Act, 1973: Commencement
18 April 1973 this version
11 April 1973
Assented to
Cited documents 0
Documents citing this one 111
Gazette
108Judgment
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Reported
A presidential assignment of the Social Assistance Act to provinces was invalid because social assistance requires national uniform norms under section 126(3).
Constitutional law – Interim Constitution s 235 (transitional assignment of administration) – meaning of "in force" and "administered"; s 126(3) – national versus provincial competence – social assistance requires uniform national norms and minimum standards; presidential proclamation assigning Social Assistance Act invalid; suspension of declaration under s 172(1)(b).
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Temporary disability grants lapse by law; non-notification does not entitle continued payment or review.
Social assistance — disability grants — temporary grants lapse by operation of law under reg 28(1)(d) and are not termination decisions reviewable under PAJA; failure to notify under reg 13(3)(d) does not of itself create a substantive legitimate expectation of continued payment; distinguishing Mdodisa/Joni and Mpofu; Plascon‑Evans rule and Rule 6(5)(g) application.
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Reported
Reg 24(6) requires retention and salary adjustment of a satisfactorily performing incumbent when its conditions are met.
Employment law – Police Service regulations – regrading/upgrading of posts – interpretation of reg 24(6): 'may' construed as mandatory where incumbent performs duties, has satisfactory rating and starts at minimum notch; protection against dismissal and salary adjustment; reviewability and fairness considerations.
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