SSL2601
Unique No:
Assignment 2
Due 11 September 2025
, Social Security Law
1. Introduction
Sindy has recently been appointed as a Family Advocate in the High Court of South
Africa. In this position, she is tasked with preparing reports and recommendations
regarding custody matters in divorce cases, as well as broader legal issues relating to
children. This opinion sets out how the Constitution of the Republic of South Africa,
1996—particularly section 28—places children’s rights at the centre of legal decision-
making, and how this framework should guide Sindy in the performance of her duties.
2. Applicable Legal Framework
2.1 The Constitution
Supremacy of the Constitution (s 2): The Constitution is the ultimate source of
law, and all decisions or actions must comply with its provisions.
Children’s Rights (s 28):
o Section 28(1) provides children with a wide range of entitlements,
including the right to parental or appropriate alternative care, adequate
nutrition, shelter, healthcare, social services, and protection from neglect,
abuse, and exploitation.
o Section 28(2) entrenches the “best interests of the child” principle, which
must be the primary consideration in any matter involving children.
2.2 Other Constitutional Provisions
Section 7(2): Requires the state to respect, protect, promote, and fulfil all rights
contained in the Bill of Rights, which includes children’s rights.
Section 27: Grants everyone the right to access social security and social
assistance. For children, this translates into access to child support grants and
other welfare mechanisms.
Unique No:
Assignment 2
Due 11 September 2025
, Social Security Law
1. Introduction
Sindy has recently been appointed as a Family Advocate in the High Court of South
Africa. In this position, she is tasked with preparing reports and recommendations
regarding custody matters in divorce cases, as well as broader legal issues relating to
children. This opinion sets out how the Constitution of the Republic of South Africa,
1996—particularly section 28—places children’s rights at the centre of legal decision-
making, and how this framework should guide Sindy in the performance of her duties.
2. Applicable Legal Framework
2.1 The Constitution
Supremacy of the Constitution (s 2): The Constitution is the ultimate source of
law, and all decisions or actions must comply with its provisions.
Children’s Rights (s 28):
o Section 28(1) provides children with a wide range of entitlements,
including the right to parental or appropriate alternative care, adequate
nutrition, shelter, healthcare, social services, and protection from neglect,
abuse, and exploitation.
o Section 28(2) entrenches the “best interests of the child” principle, which
must be the primary consideration in any matter involving children.
2.2 Other Constitutional Provisions
Section 7(2): Requires the state to respect, protect, promote, and fulfil all rights
contained in the Bill of Rights, which includes children’s rights.
Section 27: Grants everyone the right to access social security and social
assistance. For children, this translates into access to child support grants and
other welfare mechanisms.
