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PROGRESS REPORT: ITSAA

(1 April 2011 – 31 July 2011)

30 August 2011

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SCOPE

Background Ntamo judgment Progress for the period of 1 April 2011 – 31

July 2011 Backlog appeals New Appeals

Challenges Recommendation

BACKGROUNDBy 01 April 2010 there were 60 561 backlog

appeals to be adjudicated.

By 31 March 2011, 41 162 were adjudicated.

The current financial year (2011/12) started with a backlog appeals approximating 19 399.

The backlog is to be finalised by October 2011.

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NTAMO JUDGMENTThe Legal Resource Center (LRC) in the Eastern

Cape filed an application on behalf Ntamo and others against the Minister.

The applicants asserted that the delay in finalising social assistance appeals was unconstitutional

They also sought a court order in terms of which the Minister was to be ordered to finalise the backlog of appeals by the end of September 2011

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NTAMO JUDGEMENT (CONT.)

On 27 January 2011 an out of court settlement was reached and made an order of court :

the department had to have finalised the backlog appeals by October 2011;

submit plans and strategies to achieve the target; all new appeals had to be adjudicated within 90 days,

failing which they should be considered backlog; and table a report on the finalisation of the backlog by 30

October 2011.

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Province Quart 1 Quart 2 Quart 3 Quart 4 TOTAL

EC 2 500 4 500 0 0 7 000FS 1 000 1 130 0 0 2 130GAU 1 793 1 000 0 0 2 793KZN 2 055 2 000 0 0 4 055LIM 363 207 0 0 570MPU 346 0 0 0 346NC 635 0 0 0 635NW 117 253 0 0 370WC 1 000 500 0 0 1 500TOTAL 9 809 9 590 0 0 19 399

QUARTERLY BACKLOG PERFORMANCE TARGETS FOR 2011/2012

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CASE ASSESSMENT AND VALIDATION

During case assessment and validation of the 19 399 appeal letters received (approximated

backlog), the following were established:

Category 1: No ID – Letters sent to appellants requesting copiesof identity documents.

Category 2: Means Test – Appeals by beneficiaries on decisions made prior to 16 September 2011 referred to SASSA for consideration.

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CASE ASSESSMENT AND VALIDATION

Category 3: Duplicate matters, enquiries and general complaints. Duplicates were removed and enquiries/complaints were sent to Customer Care units of both DSD and SASSA.

Category 4: Real backlog appeals – these are the matters which had to be adjudicated and outstanding records retrieved from various provincial SASSA warehouses. This number includes backlog appeals received after the start of the current financial year from SASSA Offices.

Backlog: Case Assessment and Validation PROV**

PERF. TARGET

ADDIT BACKLOG

APPEALADJUDI- CATED

(Minus)

BALANCE: CAT 1: *

(No ID’s)

CAT 2:

(Means Test)

(Minus)

CAT 3:

Dupl/Enq Comp/ (Minus)

CAT 4: *

Backlog Appeals remaining

EC 7 000 0 2 868 4 132 1 794 310 984 2 838FS 2 130 0 778 1 352 933 250 334 768GAU 2 793 415 636 2572 837 450 0 2 122KZN 4 055 0 35 4 020 12 8 2 353 1 659LIM 570 0 167 403 27 2 326 75MPU 346 0 132 214 120 20 133 61NC 635 0 133 502 25 7 373 122NW 370 128 307 191 2 7 0 184WC 1 500 0 170 1 330 265 318 566 446TOT 19 399 543 5 226 14 716 4 015 1 372 5 069 8 275

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* Category 1 (No ID’s) have been included in the backlog appeals remaining. Number of backlog remaining may therefore ultimately differ depending on feedback received from appellants.

Pre-Adjudication: New Appeals referred to SASSA for reconsideration

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PROV “Appeals” received via Ministry but referred back to SASSA for reconsideration (thus SASSA decision on/after 16 Sept 2010)

TOTAL

May June JulyEC 379 239 52 670

FS 36 60 7 103

GAU 67 40 3 110

KZN 16 33 6 55

LIM 8 11 5 24

MPU 14 7 0 21

NC 9 2 0 11

NW 7 12 1 20

WC 17 21 1 39

Unkn 0 25 0 25

TOTAL 553 450 75 1 078

BACKLOG APPEALS ADJUDICATED: May – July 2011

PROV April 2011

May 2011

June 2011

July 2011

TOTAL

EC 0 553 875 1 440 2 868

FS 0 371 252 155 778

GAU 0 277 359 0 636

KZN 0 10 3 22 35

LIM 0 62 105 0 167

MPU 0 55 47 30 132

NC 0 0 133 0 133

NW 0 61 157 89 307

WC 0 1 141 28 170

TOTAL 0 1 390 2 072 1 764 5 226

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Post Adjudication: Communication (Backlog)

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PROV As at 31 March 2011

April 2011

May 2011

June 2011

July 2011

*TOTAL

EC 7 600 2 480 4 788 1 311 1 440 17 619

FS 2 664 46 990 673 155 4 528

GAU 6 201 1 189 4 511 743 0 12 644

KZN 7 713 801 4 080 734 22 13 350

LIM 116 0 80 165 0 361

MPU 123 47 131 62 30 393

NC 128 111 527 221 0 987

NW 2 226 0 18 0 89 2 333

WC 888 0 603 163 28 1 654

TOTAL 27 659 4 674 15 728 4 072 1 764 *53 897

*Number includes matters adjudicated 2009/10 but not communicated then. Backlog in communication of appeals adjudicated has been eradicated. Currently outcomes are communicated within 1 week of adjudication.

Adjudication of New AppealsPROV TOTAL

NEW APPEALS RECEIVE

NEW APPEALS ADJUDICATED APRIL 2011

NEW APPEALS ADJUDICATED MAY 2011

NEW APPEALS ADJUDICATED JUNE 2011

NEW APPEALS ADJUDICATED JULY 2011

TOTAL NEW APPEALS FINALIZED

EC 171 0 57 44 70 171

FS 50 0 46 4 0 50

GAU 225 0 80 92 53 225

KZN 235 0 70 80 85 235

LIM 0 0 0 0 0 0

MPU 40 0 37 3 0 40

NC 12 0 0 5 7 12

NW 13 0 0 0 13 13

WC 14 0 9 0 5 14

TOTAL 760 0 299 228 233 760

New matters received iro SASSA decisions on or after 16 September 2010 have been referred to SASSA for reconsideration before they can be adjudicated as new appeals by the Tribunal

Challenges

Dependency on SASSA for the appellant records.

Inadequate or insufficient records on file.Unavailability of files or appellant records.Inconsistent address details for the appellants.Delayed implementation of the reconsideration

process.Lack of a Management Information System.

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RECOMMENDATION

It is recommended that the meeting takes note of –

the progress report for the period of 1 April 2011 – 31 July 2011.

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Thank You

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