SSL2601
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 11 SEPTEMBER 2025
, Social Security Law
Legal Opinion
1. Introduction
Sindy has been appointed as a Family Advocate in the High Court of South Africa. Her
responsibilities include making recommendations on custody of minor children in
divorce litigation and compiling reports on legal matters involving children. This opinion
considers how the Constitution of the Republic of South Africa, 1996, particularly
section 28, gives priority to children’s rights and guides her in fulfilling her duties.
2. Relevant Law
2.1 The Constitution
Supremacy of the Constitution: Section 2 declares the Constitution as the
supreme law; all decisions must comply with it.
Children’s Rights – Section 28:
o s 28(1) lists children’s rights: family or alternative care, nutrition, shelter,
health care, social services, and protection from abuse/exploitation.
o s 28(2) provides: “A child’s best interests are of paramount importance in
every matter concerning the child.” This is the cornerstone for all decisions
concerning children.
2.2 Related Constitutional Provisions
Section 7(2): The state must “respect, protect, promote and fulfil” the rights in
the Bill of Rights.
Section 27: Everyone has the right to social security and social assistance—
children benefit through grants and social support.
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 11 SEPTEMBER 2025
, Social Security Law
Legal Opinion
1. Introduction
Sindy has been appointed as a Family Advocate in the High Court of South Africa. Her
responsibilities include making recommendations on custody of minor children in
divorce litigation and compiling reports on legal matters involving children. This opinion
considers how the Constitution of the Republic of South Africa, 1996, particularly
section 28, gives priority to children’s rights and guides her in fulfilling her duties.
2. Relevant Law
2.1 The Constitution
Supremacy of the Constitution: Section 2 declares the Constitution as the
supreme law; all decisions must comply with it.
Children’s Rights – Section 28:
o s 28(1) lists children’s rights: family or alternative care, nutrition, shelter,
health care, social services, and protection from abuse/exploitation.
o s 28(2) provides: “A child’s best interests are of paramount importance in
every matter concerning the child.” This is the cornerstone for all decisions
concerning children.
2.2 Related Constitutional Provisions
Section 7(2): The state must “respect, protect, promote and fulfil” the rights in
the Bill of Rights.
Section 27: Everyone has the right to social security and social assistance—
children benefit through grants and social support.
