UNIVERSITY OF SOUTH AFRICA
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
SSL2601: Social Security Law
Assignment 2 — First Semester, 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
SSL2601
Module Code:
Social Security Law
Module Name:
Assignment 2
Assignment:
365766
Unique Number:
10
Total Marks:
Submitted in partial fulfilment of the requirements for SSL2601 — UNISA 2026
, UNISA | SSL2601 Social Security Law
The Constitutional Right to Healthcare in South Africa
The Constitution of the Republic of South Africa, 19961 is the supreme law of the Republic.2 As
the supreme law, it binds all organs of state, all three branches of government, and every nat-
ural and juristic person within the Republic’s borders.3 The Bill of Rights, contained in Chap-
ter 2 of the Constitution, enshrines the fundamental rights of all people in South Africa and
obliges the state to respect, protect, promote, and fulfil those rights.4 The right to healthcare
falls squarely within this Bill of Rights framework, and it carries both an immediate guarantee
and a progressively realisable obligation on the part of the state.
1. Section 27: The Core Provision
The primary constitutional provision governing access to healthcare is section 27 of the Con-
stitution.5 Section 27(1) reads as follows: everyone has the right to have access to health
care services, including reproductive health care; sufficient food and water; and social se-
curity.6 This provision is deliberately framed as a right of access rather than an unqualified
right to receive any treatment on demand. The word “access” recognises that delivery of
healthcare services depends on available facilities, personnel, and budgets, and that the state
cannot be expected to provide limitless treatment to every person regardless of resources.7
Section 27(2) imposes the corresponding obligation on the state. It requires the state to take
reasonable legislative and other measures, within its available resources, to achieve the pro-
gressive realisation of the rights listed in section 27(1).8 Two elements of this obligation de-
serve attention. First, the measures taken must be “reasonable”; a court will examine whether
government policy meets the standard of reasonableness rather than whether it is optimal.9
Second, the right is subject to “available resources,” which means that budgetary constraints
are a legitimate consideration, but not an excuse for complete inaction or for policies that are
irrational.10
1
Constitution of the Republic of South Africa, 1996.
2
Constitution of the Republic of South Africa, 1996 s 2.
3
Constitution of the Republic of South Africa, 1996 s 8(1).
4
Constitution of the Republic of South Africa, 1996 s 7(1)–(2).
5
Constitution of the Republic of South Africa, 1996 s 27.
6
Constitution of the Republic of South Africa, 1996 s 27(1)(a)–(c).
7
Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) para 29.
8
Constitution of the Republic of South Africa, 1996 s 27(2).
9
Minister of Health and Others v Treatment Action Campaign and Others (No 2) 2002 (5) SA 721 (CC) para 68.
10
Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) para 11.
Page 2 of 9
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
SSL2601: Social Security Law
Assignment 2 — First Semester, 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
SSL2601
Module Code:
Social Security Law
Module Name:
Assignment 2
Assignment:
365766
Unique Number:
10
Total Marks:
Submitted in partial fulfilment of the requirements for SSL2601 — UNISA 2026
, UNISA | SSL2601 Social Security Law
The Constitutional Right to Healthcare in South Africa
The Constitution of the Republic of South Africa, 19961 is the supreme law of the Republic.2 As
the supreme law, it binds all organs of state, all three branches of government, and every nat-
ural and juristic person within the Republic’s borders.3 The Bill of Rights, contained in Chap-
ter 2 of the Constitution, enshrines the fundamental rights of all people in South Africa and
obliges the state to respect, protect, promote, and fulfil those rights.4 The right to healthcare
falls squarely within this Bill of Rights framework, and it carries both an immediate guarantee
and a progressively realisable obligation on the part of the state.
1. Section 27: The Core Provision
The primary constitutional provision governing access to healthcare is section 27 of the Con-
stitution.5 Section 27(1) reads as follows: everyone has the right to have access to health
care services, including reproductive health care; sufficient food and water; and social se-
curity.6 This provision is deliberately framed as a right of access rather than an unqualified
right to receive any treatment on demand. The word “access” recognises that delivery of
healthcare services depends on available facilities, personnel, and budgets, and that the state
cannot be expected to provide limitless treatment to every person regardless of resources.7
Section 27(2) imposes the corresponding obligation on the state. It requires the state to take
reasonable legislative and other measures, within its available resources, to achieve the pro-
gressive realisation of the rights listed in section 27(1).8 Two elements of this obligation de-
serve attention. First, the measures taken must be “reasonable”; a court will examine whether
government policy meets the standard of reasonableness rather than whether it is optimal.9
Second, the right is subject to “available resources,” which means that budgetary constraints
are a legitimate consideration, but not an excuse for complete inaction or for policies that are
irrational.10
1
Constitution of the Republic of South Africa, 1996.
2
Constitution of the Republic of South Africa, 1996 s 2.
3
Constitution of the Republic of South Africa, 1996 s 8(1).
4
Constitution of the Republic of South Africa, 1996 s 7(1)–(2).
5
Constitution of the Republic of South Africa, 1996 s 27.
6
Constitution of the Republic of South Africa, 1996 s 27(1)(a)–(c).
7
Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) para 29.
8
Constitution of the Republic of South Africa, 1996 s 27(2).
9
Minister of Health and Others v Treatment Action Campaign and Others (No 2) 2002 (5) SA 721 (CC) para 68.
10
Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) para 11.
Page 2 of 9
