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PROGRESS REPORT: ITSAA (1 April 2011 – 31 July 2011) 30 August 2011

PROGRESS REPORT: ITSAA (1 April 2011 – 31 July 2011) 30 August 2011. SCOPE. Background Ntamo judgment Progress for the pe riod of 1 April 2011 – 31 July 2011 Backlog appeals New Appeals Challenges Recommendation. BACKGROUND.

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PROGRESS REPORT: ITSAA (1 April 2011 – 31 July 2011) 30 August 2011

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  1. PROGRESS REPORT: ITSAA (1 April 2011 – 31 July 2011) 30 August 2011

  2. SCOPE • Background • Ntamo judgment • Progress for the period of 1 April 2011 – 31 July 2011 • Backlog appeals • New Appeals • Challenges • Recommendation

  3. BACKGROUND • By 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.

  4. NTAMO JUDGMENT • The 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

  5. 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.

  6. QUARTERLY BACKLOG PERFORMANCE TARGETS FOR 2011/2012

  7. 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 copies of identity documents. • Category 2: Means Test – Appeals by beneficiaries on decisions made prior to 16 September 2011 referred to SASSA for consideration.

  8. 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.

  9. Backlog: Case Assessment and Validation *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.

  10. Pre-Adjudication: New Appeals referred to SASSA for reconsideration

  11. BACKLOG APPEALS ADJUDICATED: May – July 2011

  12. Post Adjudication: Communication (Backlog) *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.

  13. Adjudication of New Appeals 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

  14. 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.

  15. RECOMMENDATION It is recommended that the meeting takes note of – the progress report for the period of 1 April 2011 – 31 July 2011.

  16. Thank You

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