The requirement of the exhaustion of internal remedies in the administration of social assistance in South Africa

Show simple item record

dc.contributor.advisor Brand, Danie (Jacobus Frederick Daniel, 1968- )
dc.contributor.postgraduate Makhaya, Nkosana Koos
dc.date.accessioned 2016-02-16T06:10:21Z
dc.date.available 2016-02-16T06:10:21Z
dc.date.created 2016-04
dc.date.issued 2015 en_ZA
dc.description Mini Dissertation (LLM)--University of Pretoria, 2015. en_ZA
dc.description.abstract In this dissertation I examine the question as to whether or not the requirement of the exhaustion of internal remedies is desirable in the administration of social assistance in South Africa. An investigation, with particular reference to the reconsiderations of its decisions by the South African Social Security Agency (SASSA), and the decisions of the Independent Tribunal appeal against the decisions of SASSA, revealed that there are delays in obtaining the reasons required for reconsiderations of the decisions by the Agency, as well as information required by the Independent Tribunal for appeal against the decisions of the Agency. I contend that there is sufficient evidence of ignorance of the right to request the reconsiderations of decisions by the Agency, as well as the appeal against such decisions. There appears to be a dearth of information on the role and function of the Independent Tribunal. There seems to be ineffective communication of decisions of the Agency and the appeals to the applicants. The fact that the exhaustion of internal remedies in the administration of social assistance is inexpensive and more appropriate than the judicial reviews, does not seem to be justified. The conclusion recommends some remedial legislative and administrative measures are recommended with a view to addressing this problem. The suggestion is made to investigate some of the questions raised in the research, such as the causes for failure to communicate the decisions of the Agency and the Independent Tribunal to the applicants. en_ZA
dc.description.availability Unrestricted en_ZA
dc.description.degree LLM
dc.description.department Public Law en_ZA
dc.identifier.citation Makhaya, NK 2016, The requirement of the exhaustion of internal remedies in the administration of social assistance in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/51386> en_ZA
dc.identifier.other A2016
dc.identifier.uri http://hdl.handle.net/2263/51386
dc.language.iso en en_ZA
dc.publisher University of Pretoria en_ZA
dc.rights © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. en_ZA
dc.subject UCTD en_ZA
dc.title The requirement of the exhaustion of internal remedies in the administration of social assistance in South Africa en_ZA
dc.type Mini Dissertation en_ZA


Files in this item

This item appears in the following Collection(s)

Show simple item record