Assignment 1 Semester 1 2026
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Due Date: 27 March 2026
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, QUESTION 1
Section 27 of the Constitution guarantees everyone the right to have access to
health care services. The word everyone is important. It does not limit the right to
citizens only. This means that people who live in South Africa, even if they are not
citizens, are also protected. The state must take reasonable measures, within
available resources, to progressively realise this right.
In Government of the Republic of South Africa v Grootboom1 the Constitutional Court
explained that government policies must be reasonable. A policy cannot ignore a
vulnerable group in society. If the Department reduces treatment only for non
citizens, it targets a specific and vulnerable group. That would not meet the standard
of reasonableness set by the Court.
1
Government of the Republic of South Africa v Grootboom 2001 1 SA 46 CC.
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