Social Assistance Act, 1992

Constitutional law — socio‑economic rights — right of access to social security (s27) vested in “everyone” — exclusion of permanent residents from social grants on basis of citizenship — unfair discrimination (s9), dignity (s10) and children’s rights (s28) — limitation and justification (s36) — remedy of reading‑in words to cure constitutional defect — jurisdiction to adjudicate Acts not yet brought into force (s172).

* Constitutional law — suspension of declaration of invalidity — computation of time — civil (calendar) method applies to months; suspension expired midnight preceding corresponding date. * Constitutional law — section 172(1)(b)(ii) — court may suspend or vary a declaration of invalidity while suspension subsists, but cannot revive or retrospectively extend a suspension after it has lapsed. * Constitutional principle — finality of litigation and separation of powers — courts cannot resuscitate law already declared invalid. * Procedure — urgency and ex parte relief — applicants must act timeously and explain delay; self-created urgency is disfavoured.

Administrative law; social grants – unlawful termination of disability grant; extinctive prescription – whether prescription runs while unlawful administrative decision remains effective; requirement for State to expressly disavow unlawful decision before prescription runs; State’s obligation to consider constitutional duties and claimant vulnerability before pleading prescription; costs on attorney-and-client scale against State.

Constitutional right to social security – unreasonable administrative delay in grant processing – denial of substantive right; constitutional damages as remedy; measure by prescribed interest; mandamus and declaratory relief considered inadequate in context.

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).

Constitutional standing and class actions; class definition requirements (numerosity, commonality, typicality, adequate representation); admissibility and role of hearsay in class litigation; inclusion of extra‑jurisdictional class members — forum jurisdiction and development of common law; disclosure orders as necessary adjuncts to class proceedings.

Motor vehicle accident — death of breadwinner — child support grants under Social Assistance Act — whether grants are causally linked to death and deductible from damages — res inter alios acta — prevention of double recovery and public policy considerations.

Medical negligence; quantum of damages — future medical expenses and choice of private treatment; assessment of psychotherapy and speech therapy costs; methods for calculating past and future loss of earnings and contingency deductions; treatment of disability pension in damages; appellate restraint in reviewing quantum.

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.

Refugee law – non-refoulement (s2 Refugees Act) – detained asylum seekers entitled to opportunity to show good cause (s21(1B) and reg 8) before deportation; detention challenged by interdictum de homine libero exhibendo – burden on detaining authority to justify detention; Department of Home Affairs must facilitate good-cause interviews and issue s22 permits if good cause shown; procedural concerns about multiple identical urgent applications and potential abuse of process by attorneys.