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Human rights implications of using algorithms for social grants

- Lee-Anne Gaertner

CALS represents the Global Center on AI Governance in an appeal before the Supreme Court of Appeal on the use of automation in administering social grants

The Global Center on AI Governance, represented by the Centre for Applied Legal Studies, has been admitted as a friend of the court by the Supreme Court of Appeal in a landmark case regarding the use of algorithms, artificial intelligence and automated decision-making in the administration of social grants. We argue that deploying such technologies without the necessary safeguards has the potential to be harmful and discriminatory.

On 23 January 2025, the High Court in Pretoria handed down judgment in a matter brought by the Institute for Economic Justice (IEJ) and #PayTheGrants against the Department of Social Development, the South African Social Security Agency (SASSA) and the Minister of Finance. The High Court found, amongst others, that a number of regulations governing the Social Relief of Distress (SRD) grant are unconstitutional and invalid. 

SASSA sought to administer the SRD grant exclusively through a digital application and to determine applicants’ eligibility through an algorithmic verification system. This results in individuals only being able to apply for the SRD grant online, and being excluded from receiving the grant if, through algorithmic decision-making,  they are perceived to have an income of over R624.00. While the use of automation was intended to streamline the administration of the SRD grant, the Court held that it has resulted in the unfair exclusion of otherwise eligible applicants from receiving the SRD grant. The government is appealing the judgment.

The Global Center on AI Governance (GCG), represented by the Centre for Applied Legal Studies (CALS), has been admitted as a friend of the court in the appeal before the Supreme Court of Appeal. GCG brings a wealth of knowledge on the use of algorithms, artificial intelligence and automation in decision-making processes – such as determining which applicants qualify for social grants. We intend to assist the Court in understanding the harmful impact of algorithmic decision making on human rights with particular emphasis on its impact on the right to social security. 

“Automation is often viewed as a ‘neutral’ system that can effectively administer public services,” says Dr Mark Gaffley, Director: Legal and Operations at GCG. “Research has shown, however, that algorithms are by their nature limited, and pose risks to fairness, accuracy and accountability in administrative processes. In this case, that has the potential to affect the rights to social assistance, equality and just administrative action.”

“Comparative cases from other jurisdictions confirm that algorithms and algorithmic decision-making may have discriminatory or exclusionary effects on those living in poverty,” says Busisiwe Kamolane-Kgadima from CALS. “Automated decision-making that lacks transparency, accountability and other necessary safeguards can result in the unfair limitation of people’s constitutional rights, leading to the exacerbation and entrenching of inequality, especially in the South African context.”

CALS is represented in the matter by in-house counsel Mx Letlhogonolo Mokgoroane.

The matter will be heard in-person at the Supreme Court of Appeal on 25 August 2026.

For inquiries, please contact:

From CALS:

From GCG:

  • Dr Mark Gaffley (director: legal and operations) at mark@globalcenter.ai – for in-person interviews at the court
  • Prof Fola Adeleke (executive director and co-founder) at fola@globalcenter.ai – for online interviews during the hearing

About CALS

The Centre for Applied Legal Studies (CALS) is a public interest law organisation based at the 第一吃瓜网 University School of Law. Founded in 1978 by Professor John Dugard, CALS continues to use a combination of research, advocacy and litigation to advance human rights and social justice in South Africa.

About GCG

The Global Centre on AI Governance (GCG) works to reduce global inequalities caused by artificial intelligence. We do this through research, policy advice, and training that puts people and human rights at the centre of AI governance.

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