SSL2601 assgn 1 semester 2 2024

SSL2601 SECOND SEMESTER ASSIGNMENT 01 SECOND SEMESTER: ASSIGNMENT 01 UNIQUE NUMBER: 859093 DUE DATE: 16 AUGUST 2024 Unisa Social Security Movement (USSM) is a group of students that share notes and ideas on South Africa’s social security law. This movement argues that due to its sensitive nature, the right to have access to social security is absolute and not subject to any limitations. The movement further submits that because of its importance, this right must be realised immediately. With reference to the relevant provisions of the Constitution, briefly discuss the correctness of these two submissions. (Answer must not exceed one (1) typed page). [10] The Unisa Social Security Movement (USSM) argues that the right to social security in South Africa is absolute and should be realized immediately due to its crucial nature. Examining this through the lens of the South African Constitution reveals some complexities. 1. Absolute Nature of the Right to Social Security: The right to social security is enshrined in Section 27 of the South African Constitution. Specifically, Section 27(1)(c) guarantees 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." However, Section 27(2) clarifies that "The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of each of these rights." This indicates that the right to social security is not absolute in the sense of being immediately enforceable without limitations. The Constitution envisions a progressive realization of this right, meaning that the government is required to implement measures over time to ensure that this right is fully realized, considering its resources. 2. Immediate Realization of the Right: The USSM's argument for immediate realization of the right to social security is not fully aligned with the Constitution. Section 27(2) underscores that the realization of this right is subject to the availability of resources and must be approached progressively. This provision acknowledges that while the right is fundamental, the pace and extent of its implementation must align with practical constraints and the state’s capacity. The Constitutional Court has reinforced this view in several judgments, emphasizing that the state’s obligations are to progressively fulfill rights based on availabl…