SSL2601 ASSIGNMENT 1_15 MAY 2021Sociatal law

SSL2601 ASSIGNMENT 1_15 MAY 2021_Sociatal law.a) Section 27(1)( c) gives everyone the right to have access to social security and social assistance if they are not able to support themselves and their dependants. The social assistance act 13 of 2004 gives effect to the provisions of section 27(1)(c) of the constitution, which extends social assistance to those who are unable to support themselves and their dependents. This right to have access to social security is, however, not absolute as it can be limited in terms of section 27(2) (internal limitation) and section 36 (general limitation clause) of the Constitution. In this regard, take note of section 7 (3) of the constitution which provides that the right in the bill of right are subject to the limitations contained or referred to in section 36 or elsewhere in the bill of right. Section 27 of the constitution guarantees everyone the right to have access to social security. On the other hand, section 27(2) serves as a qualifier to section 27 and provides an ‘internal limitation’ to the right to have access to social security critical elements of section 27 are discussed below: EVERYONE RIGHT TO HAVE ACCESS TO SOCIAL SECURITY The right to have access to social security is for everyone. The word everyone in this section must be interpreted to include non-citizens with permanent resident as in khosa and others v the minister of social development and others; Mahlaule and others v the Minister of social Development and other (2004) (6) SA 505 (CC). In this way, the constitution imposes an obligation on the state to ensure universal access to social security. Before the khosa decision, non-nationals were generally excluded from the South African social security system, except in extraordinary cases. It should be remembered that section 9 of the constitution guarantees everyone equality before the law and equal protection and benefit of the law. The fundamental right to equality enshrine in section 9 underpins the right of everyone to have access to social security, including non-nationals, from enjoyment of the right – though a distinction maybe drawn between the treatment of legal and illegal immigrants. THE RIGHT TO HAVE ACCESS TO Section 27 of the constitution refers to the right to have “access to” social security and not “the right to” social security This should be interpreted to mean that one does not automatically have a right to social insurance and social assistance, but that one has the right to apply for it. This wording also means that the right to social security and other socio-economic right are not items that must be handed out free of charge by the government to the people. This study source was downloaded by from CourseH on :54:09 GMT -06:00 The state’s role to create an “enabling environment” which makes it possible for people to gain access to the right, and adopt measures to assist without access to gain such access. The state is obliged by section 27(2) to ensure, by way of legislative and other measures, that everyone has access to social security. For example, the state must create the necessary infrastructure to enable beneficiaries of social assistance to collect their social assistance grants.