Millions of vulnerable South Africans could remain excluded from the R370 Social Relief of Distress (SRD) grant if the government succeeds in its appeal against a High Court ruling, the Socio-Economic Rights Institute of South Africa (SERI) has warned.
The Supreme Court of Appeal (SCA) in Bloemfontein is hearing the government’s challenge to the Pretoria High Court judgment, which found that several aspects of the SRD grant regulations were unconstitutional and unfairly restricted access to social assistance.
The case was brought by the Institute for Economic Justice (IEJ) and the #PayTheGrants campaign, with SERI representing the applicants.
SERI wants appeal dismissed
SERI head of litigation Nkosinathi Sithole said the organisation was hopeful the SCA would dismiss the government’s appeal and uphold the High Court ruling.
“We are very hopeful that the Supreme Court of Appeal, after hearing this matter today (Tuesday), will dismiss the appeal and uphold the high court ruling,” Sithole said.
He said confirmation of the judgment by the Constitutional Court could ultimately allow millions of additional South Africans to access the grant.
The High Court previously found that administrative and procedural requirements had created barriers for people who should potentially qualify for the SRD grant, including the requirement for applications to be submitted online.
Government challenges cost and access findings
The government is challenging the High Court’s findings on several fronts, including the R624 income threshold and the adequacy of the R370 monthly grant.
The state argues that making the SRD grant effectively permanent would interfere with the powers of the executive and place additional pressure on public finances.
Treasury has warned that expanding the grant to as many as 18 million people could have a substantial financial impact, with estimates suggesting an additional R93.5 billion could be required based on earlier figures.
The SRD grant was introduced during the Covid-19 pandemic and was initially set at R350 before being increased to R370 in 2024.
Civil society organisations argue that the current amount has failed to keep pace with inflation and the rising cost of living.
The SCA’s decision could therefore have far-reaching consequences for both the future value and accessibility of one of South Africa’s most important forms of assistance for unemployed and vulnerable adults.
