Residents of the Buffelsfontein Old Age home in Port Elizabeth took part in a peaceful protest outside the centre in 17th Avenue, Walmer, on Thursday.
Their protest coincided with the International Day of Older Persons and a decision by the Department of Social Development to curtail certain services due to lockdown and to adjust funding as well.
Algoa Bay Council for the Aged CEO Maureen Andreka says in a statement that this decision had been taken unilaterally by the Department of Social Development without consulting with the NPO sector on what they had and had not been able to do during the lockdown.
She said the Council contested the Department’s decision sent out in a May circular and that a group of Non-Profit Organisations known as Imbumba in King William’s Town went so far as to lodge an urgent court application.
Judge Robertson heard the Imbumba matter in the Grahamstown High Court earlier on Thursday and according to their legal counsel Webber Wentzel, the judge ruled in Imbumba’s favour.
She ruled that the Department of Social Development’s notice of 5 June was considered to be a repudiation of the Service Level Agreement it held with NPO’s.
Judge Roberson ordered the Department to comply with the original service level agreements in place before lockdown.
The Department was also ordered to pay all costs due to the applicant together with interest as well as the cost of two counsel.
The Chairperson of the Imbumba Association, Nomalinge Mlindi, told Algoa FM News that they were happy with the judgment.
The Department of Social Development said it noted the court's decision.
"We are in the process of considering our legal options. We still believe that there are quite a lot of important issues that were either not considered and or that were inadequately addressed in the judgment," said spokesperson, Mzukisi Solani.
"But, the practical effect of this court order is that the Department has been ordered to make payments that will ultimately result in audit queries," he said.
