Assignment PACK
Tut 201 Letters
Questions. Answers
,SSL2601
Assignment PACK
Tut 201 Letters
Questions. Answers
, SSL2601/201/3/2021
Tutorial Letter 201/3/2021
SOCIAL SECURITY LAW
SSL2601
Semester 1 and 2
Department of Mercantile Law
This tutorial letter contains important information
about your module.
BARCODE
Open Rubric
, CONTENTS
This tutorial letter contains the following:
1. FEEDBACK ON ASSIGNMENT 01: (FIRST SEMESTER)
2. REMINDER TO SUBMIT ASSIGNMENT 02.
1 COMMENTARY ON ASSIGNMENT 01: (FIRST SEMESTER)
(a) In this question students were asked to discuss the nature and scope of the right
to have access to social security in terms of section 27 of the Constitution of the
Republic of South Africa.
FEEDBACK
The right to have access to social security includes both social insurance and social assistance.
Section 27 of the Constitution of the Republic of South Africa, 1996 guarantees everyone the
right to have access to social security which means everyone including non-nationals (with
permanent residence status must be given access to social security as it was held in the Khosa
case. This is underpinned by the fundamental right to equality enshrined in section 9 of the Bill
of Rights.
The right is for everyone to have access to social security and not the right to social security.
What this means is that the state must make sure by way of legislative and other measures, that
everyone has access to social security protection. For example, the state will have to create the
necessary infrastructure to enable people to have access to social services or social grants.
Social assistance is restricted to those who are unable to support themselves and their
dependants (includes the poor, old, disabled, children) (section 27(1)(c)). Appropriateness in
section 27(1)(c) may refer to the fact that no one must fall below a poverty line in the South
African context.
While section 27 of the Constitution gives everyone the right to have access to social security,
section 27(2) on the other hand provides an internal limitation to the rights guaranteed by the
section. The state must take reasonable legislative and other measures, within its available
resources to achieve the progressive realisation of the right. The policies, legislation or
programmes must be reasonable in terms of introduction and implementation (execution). The
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