2 2025 – DUE 12 August 2025; 100% correct solutions and
explanations.
The Meaning and Scope of “Everyone” in the Right to
Access Social Security under Section 27(1)(c) of the
Constitution
Section 27(1)(c) of the Constitution of the Republic of South
Africa, 1996, provides that “everyone has the right to have
access to social security, including, if they are unable to
support themselves and their dependants, appropriate social
assistance.” This provision forms part of the Bill of Rights,
which affirms the democratic values of human dignity, equality,
and freedom. The right to social security is especially critical in
a country like South Africa, where poverty and inequality
remain significant challenges. The key terms in this section—
“everyone,” “access,” “social security,” and “social
assistance”—must be interpreted in light of the Constitution’s
values, relevant case law, and the state's obligations under both
domestic and international law.
Understanding the Concept of “Everyone”
The term “everyone” in section 27(1)(c) has been the subject of
legal and academic interpretation. At face value, “everyone”
appears to be inclusive and non-discriminatory. However, the
question arises: does “everyone” include non-citizens such as
permanent residents, refugees, asylum seekers, and
undocumented migrants?