,
,QUESTION 1
The Department of Social Development has convened a conference on post-COVID-19
dialogue. The objective of the conference is to review the social impact of the pandemic
on the country and to minimise the socio-economic effects. Organisers of the conference
invite you, a social security law student at UNISA, to offer expertise on legal issues
relating to the country’s social security. Delegates argue that South Africa’s social security
system is absolute and not subject to any limitations. Further, they argue that the system
is watertight and without any shortcomings. Write an opinion and advise members of the
conference on these issues.
[20]
QUESTION 2
Mr Kwinda is a resident of Lusaka, an informal settlement in Pretoria East. He was born
in Malawi in 1959 and came to South Africa in 1987. In 1989, Rainbow Minerals (Pty) Ltd
employed him as a rock driller until he retired in 2019. In 1992, Mr Kwinda married Dineo,
a South African citizen. In 2020, he approaches the offices of the South African Social
Security Agency to apply for an old age grant. The officer at SASSA tells Mr Kwinda that
section 27 of the Constitution does not apply to people born outside the country. The
officer is not convinced by Mr Kwinda’s explanation of circumstances explained above
either. Answer the following questions, with reference to relevant authority.
(a) Does Section 27 of the Constitution cover a person in Mr Kwinda’s position? (10)
(b) Can Mr Kwinda enforce the rights under section 27 of the Constitution in any
tribunal?
, QUESTION 3
(a) Discuss the distinction between “Social insurance” and “Social assistance” (8)
(b) What does the “means test” entail? (2)
(c) Discuss whether South Africa’s social security law makes provision for people
(including their dependants) involved in the liberation struggle and who could not
contribute to a pension fund. (10)
[20]
QUESTION 4
(a) Discuss the nature of South Africa’s public health care. (5)
(b) With reference to authority, discuss whether South African courts can make orders
with budgetary implications on the country’s social security system. (5)
(c) Explain the minimum content of health benefits covered by the ILO Convention
102 of 1952. (5)
(d) The South African government provides for initiatives to bridge the gap between
the growing economy and the large number of unskilled and unemployed people.
Name and briefly discuss these initiatives. (5)
[20]
5
,QUESTION 1
The Department of Social Development has convened a conference on post-COVID-19
dialogue. The objective of the conference is to review the social impact of the pandemic
on the country and to minimise the socio-economic effects. Organisers of the conference
invite you, a social security law student at UNISA, to offer expertise on legal issues
relating to the country’s social security. Delegates argue that South Africa’s social security
system is absolute and not subject to any limitations. Further, they argue that the system
is watertight and without any shortcomings. Write an opinion and advise members of the
conference on these issues.
[20]
QUESTION 2
Mr Kwinda is a resident of Lusaka, an informal settlement in Pretoria East. He was born
in Malawi in 1959 and came to South Africa in 1987. In 1989, Rainbow Minerals (Pty) Ltd
employed him as a rock driller until he retired in 2019. In 1992, Mr Kwinda married Dineo,
a South African citizen. In 2020, he approaches the offices of the South African Social
Security Agency to apply for an old age grant. The officer at SASSA tells Mr Kwinda that
section 27 of the Constitution does not apply to people born outside the country. The
officer is not convinced by Mr Kwinda’s explanation of circumstances explained above
either. Answer the following questions, with reference to relevant authority.
(a) Does Section 27 of the Constitution cover a person in Mr Kwinda’s position? (10)
(b) Can Mr Kwinda enforce the rights under section 27 of the Constitution in any
tribunal?
, QUESTION 3
(a) Discuss the distinction between “Social insurance” and “Social assistance” (8)
(b) What does the “means test” entail? (2)
(c) Discuss whether South Africa’s social security law makes provision for people
(including their dependants) involved in the liberation struggle and who could not
contribute to a pension fund. (10)
[20]
QUESTION 4
(a) Discuss the nature of South Africa’s public health care. (5)
(b) With reference to authority, discuss whether South African courts can make orders
with budgetary implications on the country’s social security system. (5)
(c) Explain the minimum content of health benefits covered by the ILO Convention
102 of 1952. (5)
(d) The South African government provides for initiatives to bridge the gap between
the growing economy and the large number of unskilled and unemployed people.
Name and briefly discuss these initiatives. (5)
[20]
5
