SSL2601
ASSIGNMENT 2
SEMESTER 1 - 2022
UNIQUE NUMBER: 793453
, Question (a)
The Constitution of the Republic of South Africa, 1996, makes provision for
fundamental rights in its Bill of Rights. The right to have access to social security is
one of the fundamental rights recognised in the Bill of Rights.
Section 27 provides as follows:
(1) Everyone has the right to have access to –
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their
dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of each of these rights.
(3) No one may be refused emergency medical treatment.
Scope of the right to have access to social security
Section 27 of the Constitution guarantees everyone the right to have access to social
security. On the other hand, section 27(2) serves as a qualifier to section 27 and
provides an ‘internal limitation’ to the right to have access to social security. Critical
elements of section 27 are discussed below:
• “Everyone’s” right to have access to social security
The right to have access to social security is for everyone. The word “everyone” is
interpreted to include non-citizens with permanent residence as in Khosa and others
v The Minister of Social Development and others; Mahlaule and others v The Minister
of Social Development and others.
• The “right to have access to”
Section 27 of the Constitution refers to the right to have “access to” social security
and not “the right to” social security. In other words one does not automatically
have a right to social insurance and social assistance, but one has a right to apply for
it.
ASSIGNMENT 2
SEMESTER 1 - 2022
UNIQUE NUMBER: 793453
, Question (a)
The Constitution of the Republic of South Africa, 1996, makes provision for
fundamental rights in its Bill of Rights. The right to have access to social security is
one of the fundamental rights recognised in the Bill of Rights.
Section 27 provides as follows:
(1) Everyone has the right to have access to –
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their
dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of each of these rights.
(3) No one may be refused emergency medical treatment.
Scope of the right to have access to social security
Section 27 of the Constitution guarantees everyone the right to have access to social
security. On the other hand, section 27(2) serves as a qualifier to section 27 and
provides an ‘internal limitation’ to the right to have access to social security. Critical
elements of section 27 are discussed below:
• “Everyone’s” right to have access to social security
The right to have access to social security is for everyone. The word “everyone” is
interpreted to include non-citizens with permanent residence as in Khosa and others
v The Minister of Social Development and others; Mahlaule and others v The Minister
of Social Development and others.
• The “right to have access to”
Section 27 of the Constitution refers to the right to have “access to” social security
and not “the right to” social security. In other words one does not automatically
have a right to social insurance and social assistance, but one has a right to apply for
it.
