Mfubu v MEC of the Department of Welfare, Eastern Cape Province (2005) JOL 13874 (SE)

Main Issue: Social grant/administrative law

Findings: Applicant applied for a maintenance grant in 1996 for her daughter. She was informed that application was successful in 2000. In the present application, she sought to claim back pay from the date of her application in 1996, to her first payment in 2000. Court held that applicant has misconstrued her remedy in seeking to review the delay in processing her application while she should have sued for “back pay” once her grant was approved. ON the basis of this reasoning, application was dismissed.