Member of the Executive Council for Social Development v Mdodisa

The respondent, Ms Eunice Mdodisa, suffered from chronic asthma and applied for a disability grant under the Social Assistance Act 59 of 1992. After earlier temporary grants, she began receiving monthly payments from December 2005 until April 2007. The payments were abruptly stopped in May 2007 without notice or reasons. The MEC later alleged that the grant was temporary and that payments beyond a 12‑month period were made in error, but failed to provide proof that Mdodisa had been informed of the temporary nature of the grant or of its termination. Mdodisa approached the Eastern Cape High Court, contending that the termination was procedurally unfair and unlawful under the Promotion of Administrative Justice Act 3 of 2000 (PAJA).

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order declaring the termination invalid, reinstating the grant retrospectively, and ordering payment of arrears was confirmed.

The case affirms that the termination of social grants constitutes administrative action subject to PAJA and underscores the obligation of state authorities to comply with procedural fairness when altering or terminating social assistance. It highlights judicial intolerance of maladministration in the social grants system and protects vulnerable beneficiaries from arbitrary deprivation of social security.