The SRD court case is a challenge by the Institute for Economic Justice (IEJ) and #PayTheGrants to the rules that decide who gets the R370 grant. In January 2025, Judge Leonard Twala of the High Court in Pretoria found parts of the system unconstitutional, including online-only applications and the R624 income limit. Government appealed. The Supreme Court of Appeal heard the case on 25 August 2026 and reserved judgment. Until the judgment is delivered, the current rules still apply: R370 a month, an income limit of R624, and applications online.
| Quick facts | Details |
|---|---|
| Who brought the case | Institute for Economic Justice and #PayTheGrants, represented by SERI |
| Who is appealing | Minister of Social Development, SASSA and the Minister of Finance |
| High Court ruling | January 2025, Judge Leonard Twala, Pretoria |
| Appeal heard | 25 August 2026, Supreme Court of Appeal, Bloemfontein |
| Status | Judgment reserved (not yet delivered) |
| Rules right now | R370 a month, R624 income limit, online applications |
| People who could be affected | Treasury: 3 to 13 million more could qualify |
On this page: What the High Court ruled · Government’s appeal · Inside the hearing · Possible outcomes · The cost question · Timeline · What it means for you now · FAQ
What the High Court ruled in the SRD court case
The IEJ and #PayTheGrants went to court in 2024, arguing that government wasn’t meeting its duty under section 27 of the Constitution (the right to social security) to people of working age with no income. Judge Twala largely agreed. He said the online application had an “ulterior purpose” of “reducing the uptake of SRD grant beneficiaries” (Daily Maverick, July 2026).
| Finding | What the court ordered |
|---|---|
| The SRD grant isn’t just temporary | It is a permanent feature under the Social Assistance Act |
| Online-only applications are unlawful | People must also be able to apply in person |
| Some bank and database checks are unlawful | Checks that wrongly exclude eligible people must change |
| The R624 income limit is unconstitutional | It is below the poverty line and must rise with the cost of living |
| The grant’s value has fallen behind | Government must plan to increase R370 progressively |
| Once-off gifts were counted as income | They should not be treated as income |
Sources: TimesLIVE, August 2026 and GroundUp via AllAfrica, August 2026.
Why government appealed
Judge Twala granted leave to appeal the whole judgment in early 2025, saying the case “deserves the attention of the Supreme Court of Appeal”. The Minister of Social Development and SASSA appealed every finding, and Finance Minister Enoch Godongwana appealed parts of it. Their main arguments:
- The grant was meant to be temporary. It started as a Covid-19 measure, and calling it permanent oversteps the executive’s role.
- Online works at this scale. More than 15 million people have applied through the digital system and over 8.7 million have been paid.
- There is no money. Treasury says the orders could add about R93.5 billion a year.
- Fixed limits protect the system. The income limit wasn’t raised, Treasury’s counsel said, “to avoid collapsing the whole system”.
Inside the appeal hearing on 25 August
The hearing in Bloemfontein showed what the judges are weighing. GroundUp reported these exchanges (GroundUp via AllAfrica, 26 August 2026):
- Judge Pieter Meyer asked why people “without the means to even buy a cellphone” couldn’t be helped at SASSA offices.
- Judge Wendy Hughes asked what had changed since the Covid lockdown, when online applications began.
- Adv Gilbert Marcus (for Treasury) said government can only spend what it raises through tax, and that “some compromises have to be made”.
- Adv Herman van Eeden (for Social Development and SASSA) said paper applications would cause “administrative paralysis”, but accepted that outdated database records can wrongly exclude people, who can then appeal.
- Adv Jason Brickhill (for the IEJ and #PayTheGrants) said the orders apply only to new applicants and that “budget and affordability can never justify arbitrary exclusions”.
Treasury also asked that, if it loses, the court suspend any declaration of invalidity for at least 12 months, preferably 24, to give government time to change the rules.
What the Supreme Court of Appeal could decide
| Outcome | What it would mean |
|---|---|
| Appeal dismissed | High Court orders stand. Government must fix the rules, probably with a deadline of 12 to 24 months |
| Appeal partly upheld | Some orders stand (for example in-person applications) and others fall away (for example raising R370) |
| Appeal upheld | Current rules stay. The IEJ could try to take the SRD court case to the Constitutional Court |
| Any outcome | The losing side may approach the Constitutional Court, which could add another year or more |
Whatever happens, change won’t be overnight. Even a win for the IEJ would need new regulations before SASSA changes how it assesses people.
The cost question
Money is at the centre of the SRD court case. The numbers each side uses:
| Figure | Amount | Source |
|---|---|---|
| SRD budget 2026/27 | R35.6 billion | October 2026 mini-budget |
| People paid each month | About 8.5 million | GroundUp, August 2026 |
| People who may be eligible | Up to 18.3 million (state’s own concession) | TimesLIVE, August 2026 |
| Extra cost of the orders (Treasury) | R93 billion to R139 billion a year | GroundUp, August 2026 |
| Cost of the 2024 R20 increase | About R2 billion | GroundUp, August 2026 |
| Food poverty line | R855 a month | Sowetan, August 2026 |
The IEJ’s Siyanda Baduza argued that the judgment doesn’t require an immediate jump in numbers, only a plan to reduce exclusions and to grow the grant over time (EWN, 25 August 2026).
SRD court case timeline
| When | What happened |
|---|---|
| May 2020 | SRD grant starts at R350 during Covid-19 |
| 2023 | New regulations tie the grant to a fixed budget and stricter checks |
| 2024 | IEJ and #PayTheGrants go to court; the Finance Minister joins to oppose |
| January 2025 | Judge Twala rules key parts of the system unconstitutional |
| Early 2025 | Leave to appeal granted on the whole judgment |
| 25 August 2026 | Supreme Court of Appeal hears the case and reserves judgment |
| 21 October 2026 | Mini-budget extends the grant one more year and notes the pending ruling |
| Next | SCA judgment; a possible Constitutional Court appeal after that |
What the court case means for you right now
Because government appealed, the High Court’s orders aren’t being applied yet (Sowetan, August 2026). So for now:
- Apply online as usual. SASSA offices still don’t take paper SRD applications. See our SRD application guide.
- The R624 limit still applies. Money in your bank account above that amount in a month can still lead to a decline. See SRD status meanings.
- Appeal wrong declines. If you were declined because of an outdated database record, you have 90 days to appeal.
- Don’t pay anyone to “join” the court case. It costs nothing to benefit if the ruling goes in applicants’ favour, and there is no list to sign up for.
- Watch for the judgment. We’ll update our SASSA news page and the SRD extension explainer when it is delivered.
Frequently asked questions
What is the SRD court case about?
The IEJ and #PayTheGrants challenged the SRD grant rules, saying online-only applications, the R624 income limit and some database checks exclude people who should qualify.
Did the court increase the SRD grant?
Not yet. The High Court ordered a plan to increase the grant over time, but government appealed and the grant stays R370 for now.
When will the Supreme Court of Appeal give judgment?
The appeal was heard on 25 August 2026 and judgment was reserved. No date has been announced.
Can I apply for the SRD grant in person now?
No. Until the appeal is decided, applications are still made online on the official SRD website.
Will the R624 income limit change?
Only if the High Court ruling is upheld and government changes the regulations. For now it is still R624 a month.
How many people could the ruling affect?
Treasury estimates between 3 and 13 million more people could qualify if the ruling is upheld.
Do I need to do anything because of the court case?
No. Keep checking your status and appeal any wrong decline within 90 days.
About this article
Written and checked by N Chris, for SASSA Status Check Help. This explainer is based on court reporting by GroundUp, TimesLIVE, Daily Maverick, Sowetan and EWN. It is general information, not legal advice. We are not SASSA and never ask for your ID number, PIN or bank details. Read how we verify information.
