Member of the Executive Council for the Department of Welfare v Kate

The respondent, Ms Nontembiso Norah Kate, a disabled and indigent woman living in the Eastern Cape, applied for a disability grant on 16 April 1996 under the Social Assistance Act 59 of 1992. Although her application ought reasonably to have been processed within three months, it was only approved some 40 months later, with no explanation for the delay. Once approved, the grant accrued retrospectively from the date of application, but only part of the accrued amount was paid, leaving a shortfall. The outstanding balance was paid years later, after legal demand. Ms Kate sought, inter alia, interest not only from the date the grant became payable, but also for the period of unreasonable delay prior to approval, claiming this as constitutional damages for the denial of her right to social assistance.

The appeal was upheld in part. The award of interest for the period after the grant became payable (ordinary mora interest) was confirmed, but the award of interest for the period of delay prior to approval, claimed as constitutional damages, was set aside.

This case is significant for clarifying the relationship between substantive constitutional rights and administrative processes, particularly in the context of social assistance. It confirmed that unreasonable administrative delay can amount to a denial of the constitutional right to social assistance, but it also set limits on the use of constitutional damages, emphasising that such remedies are exceptional and must be appropriate in the circumstances. The judgment has had an important influence on remedial jurisprudence in socio-economic rights cases.