Our latest policy brief, Litigating the Right to Social Assistance: The SRD grant court case, details the reasons why, on Friday, 21 July 2023, the IEJ and #PayTheGrants (#PTG), through our lawyers at the Socio-Economic Rights Institute (SERI), filed court papers challenging the Social Relief of Distress (SRD) grant regulations.
Since its inception in 2020, the SRD grant has been a crucial lifeline for millions of South Africans, providing essential support during economically turbulent times. Despite its low value of R350 per month, the grant has helped mitigate hunger and prevented millions from falling into extreme poverty. However, the number of recipients has dwindled, and inflation has eroded its value, exacerbating the plight of those in need.
The Court Case
This legal challenge aims to address the deliberate barriers preventing eligible individuals from accessing the SRD grant. These barriers include online-only applications, overly broad income assessments, inaccurate verification processes, and restrictive appeals procedures.
Legal Grounds
The case argues that these exclusionary practices violate the Constitution’s guarantee of the right to social assistance for those unable to support themselves and their dependents (section 27(1)(c)). Moreover, the stagnant grant value and eligibility criteria constitute unconstitutional retrogression, undermining progress in social assistance provision.
Policy Impact
Despite government statements supporting grant improvement, implementation has fallen short. The SRD grant’s effectiveness has been compromised due to inadequate resourcing and administration, highlighting a disconnect between policy direction and execution.