CCT37/07

[2008] ZACC 4

2008 (4) SA 237 (CC)

2008 (6) BCLR 571 (CC)

Yacoob J

28 March 2008

http://hdl.handle.net/20.500.12144/3384

Application for leave to appeal to the CC against a decision of a Full Court of the Eastern Cape High Court: Member of the Executive Council for Welfare v Deliwe Muriel Njongi CA: 62/06 in the Eastern Cape High Court, 4 December 2006, unreported. The case was previously heard in the South Eastern Cape High Court: Njongi v Member of the Executive Council for Social Development, Eastern Cape Province 1281/04 in the South Eastern Cape High Court, 2 June 2005, unreported.

Appeal against the decision of the Full Court of the Eastern Cape. Where a social grant is unlawfully cancelled, the prescription period does not begin to run until or unless the administrative decision is set aside or reliance thereon is expressly disavowed by the State. The Court expressed doubt as to whether prescription time-limits applicable to ordinary debts could apply to constitutionally obligatory payment of social grants, but did not decide the point. Appeal upheld. Majority: Yacoob J (unanimous)