SSL2601
Assignment 1
Semester 2
Due 12 August 2025
, 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.” The
interpretation of the term “everyone” is essential in determining who may claim this
right.
1. General Meaning of “Everyone”
In constitutional law, the term “everyone” generally refers to all individuals present
within South Africa’s borders. This includes citizens, permanent residents, and, in some
cases, foreign nationals depending on the specific right and its context. While the right
to social assistance is recognised, it is not absolute and may be subject to reasonable
limitations based on state resources and immigration regulations.
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 decision is central to interpreting “everyone” in Section
27.
The Court ruled that permanent residents fall within the meaning of “everyone”
and therefore qualify for social assistance.
It found that excluding permanent residents from social grants solely because of
their citizenship status was unconstitutional.
The judgment stressed the constitutional values of human dignity, equality, and
non-discrimination, supporting a broader reading of “everyone.”
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
Although the case concerned the right to housing under Section 26, it is
significant for understanding socio-economic rights generally.
Assignment 1
Semester 2
Due 12 August 2025
, 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.” The
interpretation of the term “everyone” is essential in determining who may claim this
right.
1. General Meaning of “Everyone”
In constitutional law, the term “everyone” generally refers to all individuals present
within South Africa’s borders. This includes citizens, permanent residents, and, in some
cases, foreign nationals depending on the specific right and its context. While the right
to social assistance is recognised, it is not absolute and may be subject to reasonable
limitations based on state resources and immigration regulations.
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 decision is central to interpreting “everyone” in Section
27.
The Court ruled that permanent residents fall within the meaning of “everyone”
and therefore qualify for social assistance.
It found that excluding permanent residents from social grants solely because of
their citizenship status was unconstitutional.
The judgment stressed the constitutional values of human dignity, equality, and
non-discrimination, supporting a broader reading of “everyone.”
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)
Although the case concerned the right to housing under Section 26, it is
significant for understanding socio-economic rights generally.
