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

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.