This assignment will give you all the answers on any case you need to refer to, provided to you are the following:
Facts of the case, case summary, Legal question, Court decision and the Judgment.
CASE OF BLACK SASH TRUST V MINISTER OF SOCIAL DEVELOPMENT AND OTHERS 2017 (3) SA 335
(CC)
1. Facts of the Case
A matter between Black Sash Trust(applicants) v Minister of Social development(1st respondents)
and Others (as 1st - 7th respondents)
Was heard on the 15th March 2017 and decided on the 17th March 2017.
On the 17th March 2017, the Constitutional court based down a ground-breaking judgement which,
among other things, prevented imminent crisis that threatened to disrupt monthly Social grand
payments to millions of poor and vulnerable South Africans.
Black Sash submits the protections of social grants from unlawful deductions is a seminal element of
the right to social security/assistance as set out in the Constitution(sec 27 (1) (c) and internal law.
We therefore take the view that tightening the provisions pertaining to deductions from Social
Grants if necessary for the protection of Social Grants. Any failure to do so, by the state, Constitutes
the failure to protect the right and therefore an independent human right violation. Black Sash is
also of the view that Draft Amendment should be further tightened.
In summation, Black Sash submits that the DSD should amend the Draft Amendment for better
alignment to South Africa’s Constitution and Jurisprudential law which requires the state security
are o take account the demands if international law on the state.
2. THE LEGAL QUESTION
In the main judgement, the first respondents(Minister) was called upon to show cause on
affidavit why she should not be joined to he proceedings and why she should not be ordered
to pay the costs of the application out her own pocket. She filed for an affidavit. In the main
sought to place the blame for what was wrong on officials from the third responded (SASSA)
and the Department of Social Development.
3. THE DECISION OF THE COURT
The outcome if the case if issue, The Back Sash Trust v Minister of socks Development and
others, has been hailed as a “precedent-setting” landmark by human rights activists and the
academic community as far as access to food( through payment of groups in a timely
fashion) is concerned.
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