FUR2601
Assignment 1 Semester 1 2026
Unique number:
Due date: 27 March 2026
QUESTION 1
Section 27 of the Constitution guarantees everyone the right to have access to health
care services. The word everyone is important. It does not limit the right to citizens only.
This means that people who live in South Africa, even if they are not citizens, are also
protected. The state must take reasonable measures, within available resources, to
progressively realise this right.
In Government of the Republic of South Africa v Grootboom1 the Constitutional Court
explained that government policies must be reasonable.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1
Section 27 of the Constitution guarantees everyone the right to have access to
health care services. The word everyone is important. It does not limit the right to
citizens only. This means that people who live in South Africa, even if they are not
citizens, are also protected. The state must take reasonable measures, within
available resources, to progressively realise this right.
In Government of the Republic of South Africa v Grootboom1 the Constitutional Court
explained that government policies must be reasonable. A policy cannot ignore a
vulnerable group in society. If the Department reduces treatment only for non
citizens, it targets a specific and vulnerable group. That would not meet the standard
of reasonableness set by the Court.
In Minister of Health v Treatment Action Campaign2 the Court held that government
may not restrict access to life saving treatment in a way that is unreasonable. The
Court ordered the state to make anti retroviral medication available more widely
because limiting it to certain sites excluded many people in need. Reducing Aids
treatment for non citizens would similarly deny essential medical care to people who
depend on it to survive.
Section 9 of the Constitution also guarantees equality. Differentiating between
citizens and non citizens in access to basic health care may amount to unfair
discrimination, especially where it affects life saving treatment. In Khosa v Minister of
Social Development3 the Court held that permanent residents could not be excluded
from social grants simply because they were not citizens. The Court recognised that
excluding people from socio economic rights based only on citizenship can be unfair
and unconstitutional.
While the state may rely on limited resources, it must show that its measures are
reasonable and non discriminatory. A blanket reduction of Aids treatment for non
citizens is unlikely to meet this test. It undermines dignity, equality and the right to
1
Government of the Republic of South Africa v Grootboom 2001 1 SA 46 CC.
2
Minister of Health v Treatment Action Campaign 2002 5 SA 721 CC.
3
Khosa v Minister of Social Development 2004 6 SA 505 CC.
Assignment 1 Semester 1 2026
Unique number:
Due date: 27 March 2026
QUESTION 1
Section 27 of the Constitution guarantees everyone the right to have access to health
care services. The word everyone is important. It does not limit the right to citizens only.
This means that people who live in South Africa, even if they are not citizens, are also
protected. The state must take reasonable measures, within available resources, to
progressively realise this right.
In Government of the Republic of South Africa v Grootboom1 the Constitutional Court
explained that government policies must be reasonable.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1
Section 27 of the Constitution guarantees everyone the right to have access to
health care services. The word everyone is important. It does not limit the right to
citizens only. This means that people who live in South Africa, even if they are not
citizens, are also protected. The state must take reasonable measures, within
available resources, to progressively realise this right.
In Government of the Republic of South Africa v Grootboom1 the Constitutional Court
explained that government policies must be reasonable. A policy cannot ignore a
vulnerable group in society. If the Department reduces treatment only for non
citizens, it targets a specific and vulnerable group. That would not meet the standard
of reasonableness set by the Court.
In Minister of Health v Treatment Action Campaign2 the Court held that government
may not restrict access to life saving treatment in a way that is unreasonable. The
Court ordered the state to make anti retroviral medication available more widely
because limiting it to certain sites excluded many people in need. Reducing Aids
treatment for non citizens would similarly deny essential medical care to people who
depend on it to survive.
Section 9 of the Constitution also guarantees equality. Differentiating between
citizens and non citizens in access to basic health care may amount to unfair
discrimination, especially where it affects life saving treatment. In Khosa v Minister of
Social Development3 the Court held that permanent residents could not be excluded
from social grants simply because they were not citizens. The Court recognised that
excluding people from socio economic rights based only on citizenship can be unfair
and unconstitutional.
While the state may rely on limited resources, it must show that its measures are
reasonable and non discriminatory. A blanket reduction of Aids treatment for non
citizens is unlikely to meet this test. It undermines dignity, equality and the right to
1
Government of the Republic of South Africa v Grootboom 2001 1 SA 46 CC.
2
Minister of Health v Treatment Action Campaign 2002 5 SA 721 CC.
3
Khosa v Minister of Social Development 2004 6 SA 505 CC.
