The South African government is appealing a High Court ruling that designated the Social Relief of Distress (SRD) grant as a permanent entitlement [1].
The outcome of this legal battle will determine whether millions of citizens have a legal right to ongoing financial support or if the state can terminate the program. The grant was originally established as a temporary measure to provide relief during the COVID-19 pandemic.
The case has moved to the Supreme Court of Appeal in Bloemfontein following a judgment issued by the Gauteng Division of the High Court in Pretoria in January 2025 [2]. The government said the High Court erred in its finding that the SRD grant should be permanent rather than a temporary relief program [1].
Opposing the government are the Institute for Economic Justice and #PayTheGrants, the latter of which is represented by the Socio-Economic Rights Institute. These groups seek to maintain the grant as a permanent safety net for the country's most vulnerable populations.
The scale of the program is significant. There are 18.3 million eligible beneficiaries nationwide [1]. However, the National Treasury currently funds 10.5 million of those beneficiaries [1].
The Supreme Court of Appeal scheduled the hearing for Aug. 25, 2025 [1]. The court must now decide if the temporary nature of the original COVID-19 relief program can be legally converted into a permanent state obligation.
“The government said the High Court erred in finding that the SRD grant was a permanent measure.”
This case represents a critical tension between South Africa's constitutional obligations to provide social security and the fiscal constraints of the National Treasury. If the Supreme Court upholds the High Court's ruling, the government may be forced to formalize a permanent basic income grant, significantly increasing long-term public spending. Conversely, a ruling in favor of the government would allow the state to phase out the SRD grant, potentially leaving millions of vulnerable citizens without a primary source of income.
