1
,2
SSL2601 Assignment 2 MEMO (COMPLETE
ANSWERS) Semester 1 2025 DUE 2025 100%
correct solutions and explanations.
Temporary State Intervention for the Community of
Thabatshweu in an Emergency Situation
Introduction
Thabatshweu, a town located in the Eastern Free State, is
currently experiencing a humanitarian crisis following severe
thunderstorms that have caused widespread destruction of
homes and belongings. The already economically vulnerable
community — marked by high unemployment and reliance on
social security — now faces additional hardships including lack
of shelter, food, and basic resources. In the face of such a crisis,
it is essential to consider the extent to which the South African
state is legally and constitutionally obliged to provide
temporary emergency intervention to the affected community.
This essay discusses the constitutional rights relevant to disaster
relief, the legislative framework supporting emergency
interventions, and the mechanisms through which different state
departments may respond in such situations.
1. Constitutional Obligations of the State
The Constitution of the Republic of South Africa, 1996, is the
supreme law of the country and sets out the fundamental rights
and responsibilities that bind the state in protecting its citizens.
, 3
Several constitutional provisions are directly relevant to
Thabatshweu's situation.
a) Right to Housing (Section 26)
Section 26 guarantees everyone the right to have access to
adequate housing. Although the right does not require the state
to immediately provide housing to everyone, it does place an
obligation on the government to take reasonable measures
within its available resources to progressively realize this right.
Importantly, in emergency situations where people have been
displaced, the Constitutional Court has confirmed that the state
has a duty to provide temporary accommodation or shelter.
For instance, in Government of the Republic of South Africa v
Grootboom (2000), the court emphasized that the housing policy
must include short-term measures for those in crisis situations.
b) Right to Food and Social Security (Section 27)
Section 27 of the Constitution affirms that everyone has the right
to have access to sufficient food and social security. It obliges
the state to assist individuals who are unable to support
themselves and their dependants. In Thabatshweu, where
homes and belongings have been lost, and many are without
income, this provision justifies the distribution of food parcels,
emergency aid, and temporary financial relief.
c) Children’s Rights (Section 28)
Children in Thabatshweu are particularly vulnerable in this
emergency. Section 28(1)(c) provides that every child has the
right to basic nutrition, shelter, basic healthcare services and
social services. These rights are not limited by resource
,2
SSL2601 Assignment 2 MEMO (COMPLETE
ANSWERS) Semester 1 2025 DUE 2025 100%
correct solutions and explanations.
Temporary State Intervention for the Community of
Thabatshweu in an Emergency Situation
Introduction
Thabatshweu, a town located in the Eastern Free State, is
currently experiencing a humanitarian crisis following severe
thunderstorms that have caused widespread destruction of
homes and belongings. The already economically vulnerable
community — marked by high unemployment and reliance on
social security — now faces additional hardships including lack
of shelter, food, and basic resources. In the face of such a crisis,
it is essential to consider the extent to which the South African
state is legally and constitutionally obliged to provide
temporary emergency intervention to the affected community.
This essay discusses the constitutional rights relevant to disaster
relief, the legislative framework supporting emergency
interventions, and the mechanisms through which different state
departments may respond in such situations.
1. Constitutional Obligations of the State
The Constitution of the Republic of South Africa, 1996, is the
supreme law of the country and sets out the fundamental rights
and responsibilities that bind the state in protecting its citizens.
, 3
Several constitutional provisions are directly relevant to
Thabatshweu's situation.
a) Right to Housing (Section 26)
Section 26 guarantees everyone the right to have access to
adequate housing. Although the right does not require the state
to immediately provide housing to everyone, it does place an
obligation on the government to take reasonable measures
within its available resources to progressively realize this right.
Importantly, in emergency situations where people have been
displaced, the Constitutional Court has confirmed that the state
has a duty to provide temporary accommodation or shelter.
For instance, in Government of the Republic of South Africa v
Grootboom (2000), the court emphasized that the housing policy
must include short-term measures for those in crisis situations.
b) Right to Food and Social Security (Section 27)
Section 27 of the Constitution affirms that everyone has the right
to have access to sufficient food and social security. It obliges
the state to assist individuals who are unable to support
themselves and their dependants. In Thabatshweu, where
homes and belongings have been lost, and many are without
income, this provision justifies the distribution of food parcels,
emergency aid, and temporary financial relief.
c) Children’s Rights (Section 28)
Children in Thabatshweu are particularly vulnerable in this
emergency. Section 28(1)(c) provides that every child has the
right to basic nutrition, shelter, basic healthcare services and
social services. These rights are not limited by resource
