SSL2601
Assignment 1
Unique No:
Due 12 August 2025
, Understanding the Right to Social Security under Section 27(1)(c) of the
Constitution
1. Interpreting the Term “Everyone”
In the context of South Africa’s Constitution, the term “everyone” is broadly interpreted
to refer to all individuals present within the country’s territory. This includes not only
South African citizens but also permanent residents. In some cases, this category can
be extended to include foreign nationals. However, access to socio-economic rights
such as social security is not absolute and may be subject to lawful and reasonable
limitations based on factors like the availability of state resources and immigration
policies.
2. Relevant Case Law
Key judicial decisions have provided clarification on the scope of the term “everyone” in
Section 27(1)(c), particularly in relation to access to social assistance:
Khosa and Others v Minister of Social Development; Mahlaule and Others v
Minister of Social Development 2004 (6) SA 505 (CC)
This case was instrumental in affirming that permanent residents are included
under the term “everyone” in Section 27. The Constitutional Court found that
denying social grants to permanent residents, while granting them to citizens,
was unconstitutional. The judgment underscored the principles of equality,
human dignity, and non-discrimination as vital to interpreting socio-economic
rights.
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
While this case focused on the right to housing under Section 26, it has relevance to the
interpretation of socio-economic rights generally. The Court emphasized that the State
is obligated to take reasonable legislative and policy measures, within available
resources, to progressively realise these rights. It
Assignment 1
Unique No:
Due 12 August 2025
, Understanding the Right to Social Security under Section 27(1)(c) of the
Constitution
1. Interpreting the Term “Everyone”
In the context of South Africa’s Constitution, the term “everyone” is broadly interpreted
to refer to all individuals present within the country’s territory. This includes not only
South African citizens but also permanent residents. In some cases, this category can
be extended to include foreign nationals. However, access to socio-economic rights
such as social security is not absolute and may be subject to lawful and reasonable
limitations based on factors like the availability of state resources and immigration
policies.
2. Relevant Case Law
Key judicial decisions have provided clarification on the scope of the term “everyone” in
Section 27(1)(c), particularly in relation to access to social assistance:
Khosa and Others v Minister of Social Development; Mahlaule and Others v
Minister of Social Development 2004 (6) SA 505 (CC)
This case was instrumental in affirming that permanent residents are included
under the term “everyone” in Section 27. The Constitutional Court found that
denying social grants to permanent residents, while granting them to citizens,
was unconstitutional. The judgment underscored the principles of equality,
human dignity, and non-discrimination as vital to interpreting socio-economic
rights.
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
While this case focused on the right to housing under Section 26, it has relevance to the
interpretation of socio-economic rights generally. The Court emphasized that the State
is obligated to take reasonable legislative and policy measures, within available
resources, to progressively realise these rights. It
