Black Sash Submissions

Black Sash comment on the amendments to the regulations relating to the COVID-19 Social Relief of Distress (SRD) Grant issued in terms of Section 32, read with Section 13 of the Social Assistance Act 2004 as amended issued by the Department of Social Development (DSD). Our submissions are informed by our ongoing work with the DSD and the South African Social Security Agency (SASSA) to ensure the constitutional right to social security and social protection, with emphasis on social assistance through advocacy, community-based monitoring, research, education, and training. 

Currently more than 18 million people or a third of the South African population receive permanent social grants and a further 10 million people who received the SRD grant. Black Sash works to ensure the right to social assistance is delivered in an unhindered manner to all those who qualify in South Africa. It is incumbent on the government to ensure an effective and efficient social grant system which is transparent at no cost to beneficiaries.

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This joint submission, submitted in August 2021, is in response to South Africa's follow-up report to the Concluding Observations and Recommendations by the United Nations Committee on Economic, Social and Cultural Rights on South Africa’s Initial Report.

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Centre for Applied Legal Studies (CALS) acting on behalf of the Black Sash Trust, submitted this letter to the Department of Social Development (DSD) and the South African Social Security Agency (SASSA), raising several concerns regarding this Amendment to the directions issued by Minister Lindiwe Zulu on 30 March 2020 in terms of section 27(2) of the Disaster Management Act, No. 57 of 2002, and the recent amendment to those Directions issued by Minister Lindiwe Zulu on 5 August 2020 in relation to the COVID-19 Social Relief of Distress Grants of R350 (“COVID-19 SRD grant”). 

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Black Sash Submission to amend aspects of the Amendment to the Direction Issued in terms of the Regulation 4(5) of the Regulations made under section 27(2) of the Disaster Management Act, 2002 (Act No 57 of 2002): Measures to prevent and combat the Spread of COVID-19 for consideration by Minister Zulu. 

• Covering Letter to the Minister of Social Development re Regulations of COVID-19 SRD grant
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In this Submission Black Sash requests that, in light of the COVID-19 Pandemic,  government prioritises plans to ensure the full implementation of the recommendations of the Committee on Economic, Social and Cultural Rights (CESCR) before October 2020. In this regard, we request that the government convey a meeting with relevant stakeholders with a view of addressing the recommendations of the CESCR.

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This submission is made in response to an invitation for making written submissions on the 2020 Appropriation Bill, the purpose of which is to appropriate money from the National Revenue Fund for the requirements of the State for the 2020/21. Our submission is made at a time when the lockdown in response to the COVID-19 pandemic has had far-reaching consequences for the economy which is heavily impacted by the public health imperative to slow down the spreading of the coronavirus by curtailing business activities, residents’ movement and the ability to secure a livelihood.

Our analysis therefore focuses on both the appropriations put forward in February 2020 when the 2020/2021 budget was tabled and the implications COVID-19 has in the interim brought to the fore for public spending. Due to Black Sash’s sectoral focus on social development, our submission largely offers analysis of social spending rather than an exhaustive analysis across all areas of spending. We conclude with recommendations for adjustments to spending plans when the special adjusted budget is tabled. 

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The Black Sash welcomes the opportunity to respond to the invitation of the Special Rapporteur to make submission(s) on the human rights impact of the introduction of digital technologies in the implementation of national social protection.

 The Black Sash works towards the realisation of socio-economic rights, as outlined in the South African Constitution (1996), with emphasis on social security and social protection for the most vulnerable particularly women and children. It also works towards exploring options to significantly reduce poverty and inequality The Black Sash implements three programmes: namely 1) advocacy in partnership; 2) Community Based Monitoring; and 3) education, training and research.

Our submission will focus on the impact of digital technologies on the national social assistance programme with reference to the collection, storage and use of biometric information of social grant beneficiaries. We will do this in part by referring to our experiences of the national implementation of biometric digital technologies from 2012.

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This submission is made in response to an invitation for making written submissions on the 2020 Appropriation Bill, the purpose of which is to appropriate money from the National Revenue Fund for the requirements of the State for the 2020/21. Our submission is made at a time when the lockdown in response to the COVID-19 pandemic has had far-reaching consequences for the economy which is heavily impacted by the public health imperative to slow down the spreading of the coronavirus by curtailing business activities, residents’ movement and the ability to secure a livelihood. Our analysis therefore focuses on both the appropriations put forward in February 2020 when the 2020/2021 budget was tabled and the implications COVID-19 has in the interim brought to the fore for public spending. Due to Black Sash’s sectoral focus on social development, our submission largely offers analysis of social spending rather than an exhaustive analysis across all areas of spending. We conclude with recommendations for adjustments to spending plans when the special adjusted budget is tabled.

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Thursday, 7 May 2020

President Cyril Ramaphosa

His Excellency, President Cyril Ramaphosa,                            

President of the Republic of South Africa

Copied to:

MINISTER OF SOCIAL DEVELOPMENT

Ms Lindiwe Zulu

c/o Ms Zama Kumalo; Ms Monica Zabo; Ms Lumka Olifant

MINISTER OF WOMEN, YOUTH AND PERSONS WITH DISABILITIES

Minister Maite Nkoana-Mashabane

Private Secretary: Ms Mantikwe Ramokgopa

Ms Millie Ramoraswi Chief of Staff

Acting Director General (ADG): MS. W.R. (Shoki) Tshabalala

MINISTER OF EMPLOYMENT AND LABOUR

Minister Thembelani Thulas Nxesi

DEPUTY MINISTER BOITUMELO ELIZABETH MOLOI

UIF Chief Operations Officer: Ms Judith Kumbi

MINISTER OF FINANCE

Minister Tito Mboweni

Office of the Director General Dondo Mogajane

DDG: Public Finance

Acting DDG: Budget Office

DDG: Public Finance Mampho Modise

Dear President Ramaphosa,

RE: COVID-19 SOCIAL RELIEF OF DISTRESS GRANT

Introduction

We note government’s emergency economic and social relief measures to alleviate the impact of the COVID-19 pandemic and the resulting nationwide lockdown on individuals and households. While the relief measures are a small step in the right direction, they are insufficient to meet the current humanitarian crisis under lockdown conditions. Many poor families are going hungry. The situation remains desperate with many queueing for food parcels. The threat of starvation or even the possibility of death from hunger, rather than from the coronavirus, for many people is real.^[1]  It is within this context that we argue that the social grant relief measures remain inadequate.

COVID-19 has underscored the critical role of adequate investments in public health, comprehensive social protection programmes, dignified and decent work, and access to food, water, sanitations systems and housing.  The coronavirus has also intensified the intersecting forms of inequality including income and wealth within our country, and gender inequality, for which measures have to be put in place.

We note the recommendations of United Nations (UN) Committee on Economic, Social and Cultural Rights in its statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights. The COVID-19 pandemic has inflicted “devastating impacts across the world on all spheres of life – health, the economy, social security, education and food production”.  The lockdowns to curb transmissions of the virus have caused jobs losses, endangered livelihoods and heightened exposure to violence. States are under an obligation to take measures to prevent or mitigate negative impacts. However, these must be implemented within a human rights framework to mitigate against violations of economic, social and cultural rights and to reduce the suffering of the most marginalised groups. Social relief and income-support programmes must be provided to ensure food and income security to all those in need.

The global COVID-19 pandemic has encouraged innovative economic and social relief programme interventions by many countries, including Brazil and Namibia, and has accelerated the implementation of such programmes in South Africa.

• Our submission is informed by the Black Sash’s understanding of leadership and governance, particularly within SASSA, which has had an adverse impact on the administration and payment of grants. Beneficiaries are exposed to reduced access to payment channels, deductions, fraud, additional costs and indebtedness and the right to the protection of personal information is compromised.

• The right to Social particularly social assistance, is set out in section 27 of the Constitution. Social assistance is a lifeline, government provides to a poor and vulnerable. Currently almost 18 million people or a third of the South African population receive social grants.
  
  
• The current value of the social grant is insufficient to sustain basic living needs. For example, the current Child Support Grant of R430, falls below the food poverty or extreme poverty line1. Yet, in 2015, 61,3% of poor households were supported by child support grants2. Whilst we acknowledge the extension of the Child Support Grant policy, albeit very narrowly; there is a need for the grant to be increased as a matter of urgency. Government must provide increased funding for social assistance going forward.

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16 November 2017

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12 February 2018

The Black Sash generally supports the amendment to make provision for debt intervention to accommodate those who are grant recipients who are considered as a vulnerable group for unsecured debt- taking into account their vulnerability exploiting their struggle to make ends meet while having secure income. The adverse impact of loans on recipients, especially where the loans are provided fraudulently, illegally and unlawfully by reckless lenders must be considered to protect recipients and impose harsh penalties on credit providers who are reckless lenders. The application process for debt intervention must be simplified to be user friendly with prescribed forms.

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Submitted: September 2017

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Papers filed:

• Notice of Motion and Founding Affidavit: re Net1 Appeal SCA 20170719 (part1). pdf. 4.9 MB
• Notice of Motion and Founding Affidavit: re Net1 Appeal SCA 20170719 (part2). pdf . 5.1 MB

Media Article:

This submission is on the Social Assistance Amendment Draft Bill, B – 2016 published in the government Gazette 40391, GN 1362 dated 1 November 2016. The Black Sash submission has been endorsed by 15 organisations including the Association of Community Advice Offices of South Africa (ACAOSA).

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SUMMARY

Black Sash submits that the protection of social grants from unlawful deductions is a seminal element of the right to social security/assistance as set out in the Constitution and International Law. 

We therefore take the view that tightening the provisions pertaining to deductions from social grants is necessary for the protection of social grants. Any failure to do so, by the state, constitutes a failure to protect the right and therefore an independent human rights 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 respect, protect, promote and fulfil the right to social security and to take account the demands of International law on a state. 

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The following is a Submission that has the endorsements of 78 organisations (to date) from across South Africa, with several National Organisations having their endorsements pending. 

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