SSL2601
Unique No:
Assignment 2
Due 11 September 2025
, Social Security Law
Legal Opinion
1. Introduction
Sindy has recently taken up the position of Family Advocate in the High Court of South
Africa. Her role requires her to prepare reports and recommendations on custody
matters in divorce proceedings as well as broader legal issues concerning children. This
opinion evaluates how the Constitution of the Republic of South Africa, 1996—
especially section 28—prioritises children’s rights and provides the guiding framework
for Sindy in executing her duties.
2. Relevant Legal Framework
2.1 The Constitution
Constitutional Supremacy: Section 2 makes it clear that the Constitution is the
highest law in the country, meaning that all decisions and actions must conform
to its principles.
Children’s Rights – Section 28:
o Section 28(1) guarantees various entitlements for children, including the
right to family care (or appropriate alternative care), access to food,
shelter, health care, social services, and protection against neglect,
abuse, or exploitation.
o Section 28(2) establishes that the best interests of the child are of
paramount importance in every matter relating to the child. This principle
is the foundation for all decision-making regarding children.
2.2 Other Constitutional Provisions
Section 7(2): The state is required to respect, protect, promote, and fulfil all
rights in the Bill of Rights, which includes children’s rights.
Unique No:
Assignment 2
Due 11 September 2025
, Social Security Law
Legal Opinion
1. Introduction
Sindy has recently taken up the position of Family Advocate in the High Court of South
Africa. Her role requires her to prepare reports and recommendations on custody
matters in divorce proceedings as well as broader legal issues concerning children. This
opinion evaluates how the Constitution of the Republic of South Africa, 1996—
especially section 28—prioritises children’s rights and provides the guiding framework
for Sindy in executing her duties.
2. Relevant Legal Framework
2.1 The Constitution
Constitutional Supremacy: Section 2 makes it clear that the Constitution is the
highest law in the country, meaning that all decisions and actions must conform
to its principles.
Children’s Rights – Section 28:
o Section 28(1) guarantees various entitlements for children, including the
right to family care (or appropriate alternative care), access to food,
shelter, health care, social services, and protection against neglect,
abuse, or exploitation.
o Section 28(2) establishes that the best interests of the child are of
paramount importance in every matter relating to the child. This principle
is the foundation for all decision-making regarding children.
2.2 Other Constitutional Provisions
Section 7(2): The state is required to respect, protect, promote, and fulfil all
rights in the Bill of Rights, which includes children’s rights.
