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SSL2601 Assignment 2 Semester 2 |(COMPLETE ANSWERS) 2025 – Due 11 September 2025

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SSL2601 Assignment 2
Semester 2 |(COMPLETE
ANSWERS) 2025 – Due 11
September 2025
NO PLAGIARISM

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, Exam (elaborations)
SSL2601 Assignment 2 Semester 2 |
(COMPLETE ANSWERS) 2025 – Due 11
September 2025
Course

 Social Security Law (SSL2601)
 Institution
 University Of South Africa (Unisa)

1. Sindy has been appointed to the position of Family Advocate in the High
Court of South Africa. Part of Sindy's duties is to determine the custody of
minor children in divorce litigation, and to compile reports on other legal
matters involving minor children. With your knowledge at social security law,
fully advise Sindy on how the Constitution of the Republic of South Africa,
1996, gives priority to the rights of children codified in section 28.

Advice to Sindy on Section 28 of the Constitution and the Priority of Children’s
Rights

The Constitution of the Republic of South Africa, 1996, is the supreme law of the country. It
enshrines the Bill of Rights, which applies to all, but it gives special and elevated protection to
children under section 28. In her role as a Family Advocate, Sindy must be guided by these
constitutional principles when handling matters of custody, guardianship, and other disputes
concerning minors.



1. Constitutional Framework: The Supremacy of the Child’s Rights

 Section 28 explicitly provides that children have rights that are separate from, and in
addition to, the rights enjoyed by adults.
 The paramount principle is the “best interests of the child” rule (section 28(2)), which
states:

“A child’s best interests are of paramount importance in every matter concerning
the child.”

 This means that courts, parents, state institutions, and advocates like Sindy must
always prioritise the child’s welfare above competing interests (e.g., parental disputes,
financial claims, or administrative convenience).

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