R10 allowance row at ConCourt
2006-03-07 22:56
Johannesburg - A Limpopo man, Phineas Lekolwane, is to appeal to the Constitutional Court on Thursday for a R10 daily allowance for his wife and each of their three children.
Lekolwane felt they were entitled to the allowance, as he was unable to earn an income while his family was in the witness-protection programme in 1998, the Constitutional Court explained in a pre-trial summary.
He and his family were placed under protection after their home and spaza shop were set alight and they were violently expelled from the community when he laid a charge of public violence against another man.
The high court dismissed the case in 2002, finding that Lekolwane's wife was not earning an income before she was placed in protective custody.
The children were legally incompetent to receive any income at the time. The finding was upheld on appeal.
Lekolwane is expected to argue in the Constitutional Court that these findings unfairly discriminate against, and violate the rights of, his children and family to dignity, healthcare, food and social security.
He is asking for an order entitling anyone under protective custody, his family or household to a daily allowance of R10 each if the guardian is unable to earn income through being under protection.
- SAPA