Taxonomies
Related documents
- Is commenced by South African Social Security Agency Act, 2004: Commencement
South Africa
South African Social Security Agency Act, 2004
Act 9 of 2004
- Published in Government Gazette 26418 on 2 June 2004
- Assented to on 30 May 2004
- There are multiple commencements
- [This is the version of this document from 2 June 2004.]
Provisions | Status |
---|---|
Chapter 1 (section 1); Chapter 2, section 2–3; Chapter 3 (section 5–8); Chapter 4 (section 9–15); Chapter 5 (section 16–21); Chapter 6 (section 22–25) | commenced on 15 November 2004 by Proclamation R60 of 2004. |
Chapter 2, section 4 | commenced on 1 April 2006 by Proclamation R60 of 2004. |
Chapter 1
Definitions
1. Definitions
In this Act, unless the context indicates otherwise—"Agency" means the South African Social Security Agency established by section 2;"Chief Executive Officer" means the Chief Executive Officer of the Agency appointed in terms of section 5(1);"designated institution" means—(a)a national or provincial department as contemplated in section 7 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);(b)an institution, other than the Agency, established for a public purpose by or under an Act of Parliament;(c)any other juristic person in respect of which the Minister has authorised the Agency to enter into an agreement for the rendering of services by the Agency to that person;"financial year" means the period from 1 April in any year to 31 March of the following year;"Minister" means the Minister of Social Development;"prescribed" means prescribed by regulation;"public service" means the public service contemplated in section 8 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);"social assistance" means social assistance as defined in section 1 of the Social Assistance Act, 2004;"social insurance" means contribution based benefit payments aimed at income maintenance;"social security" includes both social assistance and social insurance;"this Act" includes the regulations.Chapter 2
South African Social Security Agency
2. Establishment of Agency
3. Objects of Agency
The objects of the Agency are to—4. Functions of Agency
Chapter 3
Chief Executive Officer and other staff of Agency
5. Chief Executive Officer
6. Functions of Chief Executive Officer
7. Staff of Agency
8. Conflict of interest
Chapter 4
Funds and business of Agency
9. Funds of Agency
10. Financial management
11. Reporting and audit
12. Immovable property
13. General operations
14. Legal proceedings against Agency
15. Limitation of liability
Neither the Minister nor any member of staff of the Agency is liable for anything done in good faith in the performance of a function in terms of this Act.Chapter 5
General provisions
16. Security of confidential information held by Agency
17. Dissolution of Agency
The Agency may not be dissolved except in terms of an Act of Parliament.18. Use of name of Agency
19. General offences
20. Penalties
Any person convicted of an offence in terms of this Act is liable to a fine or to imprisonment for a period not exceeding 15 years.21. Regulations
The Minister must make regulations regarding any matter that must be prescribed in terms of this Act and may make regulations regarding—Chapter 6
Transitional provisions
22. Transfer of staff
23. Assets, liabilities and funds
24. Transfer of social assistance administration to Agency
The Minister must, after consultation with the Minister of Finance and the Minister for the Public Service and Administration, and in the spirit of co-operative government envisaged in Chapter 3 of the Constitution, enter into memoranda of understanding with the respective Members of Executive Councils of provinces responsible for the administration of social assistance in terms of the Social Assistance Act, 1992, insofar as it has been assigned to the provincial sphere of government, in order to ensure that—25. Short title and commencement
This Act is called the South African Social Security Agency Act, 2004, and comes into operation on a date determined by the President by proclamation in the Gazette.History of this document
01 April 2006
15 November 2004
02 June 2004 this version
30 May 2004
Assented to
Cited documents 7
Legislation 7
Documents citing this one 26
Gazette 17
- South Africa Government Gazette Regulation Gazette dated 2004-11-15 number 26999
- South Africa Government Gazette Regulation Gazette dated 2005-02-22 number 27316
- South Africa Government Gazette Regulation Gazette dated 2008-08-22 number 31356
- South Africa Government Gazette Regulation Gazette dated 2010-03-05 number 32982
- South Africa Government Gazette Regulation Gazette dated 2013-08-02 number 36708
- South Africa Government Gazette Regulation Gazette dated 2017-05-19 number 40846
- South Africa Government Gazette Regulation Gazette dated 2017-05-26 number 40861
- South Africa Government Gazette Regulation Gazette dated 2018-05-11 number 41622
- South Africa Government Gazette Regulation Gazette dated 2021-01-25 number 44099
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette dated 2008-09-15 number 31415
- South Africa Government Gazette dated 2009-12-11 number 32795
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2020-10-13 number 43801
- South Africa Government Gazette dated 2023-12-20 number 49939
Judgment 9
- AllPay Consolidated Investment Holdings (Pty) Ltd and Others v CEO of the South African Social Security Agency and Others (678/2012) [2013] ZASCA 29 (27 March 2013)
- Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others [2013] ZACC 42 (29 November 2013)
- Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) [2017] ZACC 8 (17 March 2017)
- CEO of the South African Social Security Agency N.O and Other v Cash Paymaster Services (Pty) Ltd (90/2010) [2011] ZASCA 13 (11 March 2011)
- Cash Paymaster Services (Pty) Ltd v Chief Executive Officer of the SASSA and Others (1029/2018) [2019] ZASCA 131 (30 September 2019)
- Ex parte: Minister of Social Development and Others [2006] ZACC 3 (9 March 2006)
- Freedom Under Law NPC v Minister of Social Development and Others [2021] ZACC 5 (1 April 2021)
- S v Scholtz and Others (428 of 2017; 491 of 2017; 635 of 2017; 636 of 2017) [2018] ZASCA 106 (21 August 2018)
- South African Social Security Agency and Another v Minister of Social Development and Others (Corruption Watch as Amicus Curiae) [2018] ZACC 26 (30 August 2018)