SSL2601
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 12 AUGUST 2025
, Social Security Law
Question:
Section 27(1)(c) of the Constitution gives “everyone” the right to have access to
social security and social assistance if they are not able to support themselves
and their dependants. With reference to relevant authorities, discuss what is
meant by “everyone” having the right to have access to social security. [10
Marks]
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 term
“everyone” in this context is interpreted broadly and is intended to be inclusive, subject
to certain limitations recognized in law.
1. Meaning of “Everyone”
The term “everyone” in Section 27(1)(c) generally refers to all individuals who are within
the territory of South Africa, regardless of race, gender, or social status (Currie & De
Waal, 2022). This includes both South African citizens and certain categories of non-
citizens. The right to social security, however, has been interpreted by the Constitutional
Court in a way that balances the universal language of “everyone” with the state’s
available resources and immigration policy.
2. Citizens and Permanent Residents
The Constitutional Court has affirmed that South African citizens are the primary
beneficiaries of the right to social assistance. In Khosa v Minister of Social
Development; Mahlaule v Minister of Social Development 2004 (6) SA 505 (CC),
the Court extended the right to social grants to permanent residents, holding that
excluding them from social assistance was unfairly discriminatory and inconsistent with
Section 27(1)(c) read with Section 9 (equality clause). This case clarified that
“everyone” includes both citizens and permanent residents, as long as they cannot
support themselves and their dependants.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 12 AUGUST 2025
, Social Security Law
Question:
Section 27(1)(c) of the Constitution gives “everyone” the right to have access to
social security and social assistance if they are not able to support themselves
and their dependants. With reference to relevant authorities, discuss what is
meant by “everyone” having the right to have access to social security. [10
Marks]
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 term
“everyone” in this context is interpreted broadly and is intended to be inclusive, subject
to certain limitations recognized in law.
1. Meaning of “Everyone”
The term “everyone” in Section 27(1)(c) generally refers to all individuals who are within
the territory of South Africa, regardless of race, gender, or social status (Currie & De
Waal, 2022). This includes both South African citizens and certain categories of non-
citizens. The right to social security, however, has been interpreted by the Constitutional
Court in a way that balances the universal language of “everyone” with the state’s
available resources and immigration policy.
2. Citizens and Permanent Residents
The Constitutional Court has affirmed that South African citizens are the primary
beneficiaries of the right to social assistance. In Khosa v Minister of Social
Development; Mahlaule v Minister of Social Development 2004 (6) SA 505 (CC),
the Court extended the right to social grants to permanent residents, holding that
excluding them from social assistance was unfairly discriminatory and inconsistent with
Section 27(1)(c) read with Section 9 (equality clause). This case clarified that
“everyone” includes both citizens and permanent residents, as long as they cannot
support themselves and their dependants.
