SSL2601
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 12 AUGUST 2025
, Section 27(1)(c) of the Constitution of the Republic of South Africa, 1996, states 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.” The interpretation of the word “everyone” is central to determining who is
entitled to claim this right.
1. General Meaning of “Everyone”
In constitutional terms, “everyone” generally implies all persons within the Republic,
including citizens, permanent residents, and potentially even foreign nationals,
depending on the context and nature of the right in question. However, access to social
assistance is typically subject to reasonable limitations, especially in light of available
state resources and immigration laws.
2. Key Case Law:
Khosa and Others v Minister of Social Development; Mahlaule and Others v
Minister of Social Development 2004 (6) SA 505 (CC)
This Constitutional Court case is crucial in interpreting “everyone” under Section
27.
The court held that permanent residents are included in the definition of
“everyone” for the purposes of accessing social assistance.
The court found it unconstitutional to exclude permanent residents from social
grants solely on the basis of their citizenship status.
The Court emphasized the values of human dignity, equality, and non-
discrimination in broadening the understanding of “everyone”.
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
Although primarily a housing rights case (Section 26), it is relevant for
understanding socio-economic rights more broadly.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 12 AUGUST 2025
, Section 27(1)(c) of the Constitution of the Republic of South Africa, 1996, states 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.” The interpretation of the word “everyone” is central to determining who is
entitled to claim this right.
1. General Meaning of “Everyone”
In constitutional terms, “everyone” generally implies all persons within the Republic,
including citizens, permanent residents, and potentially even foreign nationals,
depending on the context and nature of the right in question. However, access to social
assistance is typically subject to reasonable limitations, especially in light of available
state resources and immigration laws.
2. Key Case Law:
Khosa and Others v Minister of Social Development; Mahlaule and Others v
Minister of Social Development 2004 (6) SA 505 (CC)
This Constitutional Court case is crucial in interpreting “everyone” under Section
27.
The court held that permanent residents are included in the definition of
“everyone” for the purposes of accessing social assistance.
The court found it unconstitutional to exclude permanent residents from social
grants solely on the basis of their citizenship status.
The Court emphasized the values of human dignity, equality, and non-
discrimination in broadening the understanding of “everyone”.
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
Although primarily a housing rights case (Section 26), it is relevant for
understanding socio-economic rights more broadly.
