SSL2601
Assignment 1
Unique No: 543838
Semester 2 2025
Due 12 August 2025
, SSL2601
Assignment 1
Semester 2 2025
Unique No: 543838
Due 12 August 2025
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.
Response 1
1. The meaning of “everyone” under section 27(1)(c)
Section 27(1)(c) of the Constitution 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 term “everyone” is deliberately broad
and unqualified. In interpreting this term, the Constitutional Court has made it clear that
socio-economic rights are granted to natural persons and not juristic entities, and only to
those present within the borders of the Republic.
2. Application to permanent residents: Khosa v Minister of Social Development
In Khosa v Minister of Social Development; Mahlaule v Minister of Social Development
2004 (6) SA 505 (CC), the Court held that the exclusion of permanent residents from
access to social grants was unconstitutional. The Court reasoned that permanent
residents form part of the South African community and are entitled to the protection of
the Bill of Rights. Therefore, the reference to “everyone” in section 27 includes
permanent residents who are lawfully living in the country.
Assignment 1
Unique No: 543838
Semester 2 2025
Due 12 August 2025
, SSL2601
Assignment 1
Semester 2 2025
Unique No: 543838
Due 12 August 2025
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.
Response 1
1. The meaning of “everyone” under section 27(1)(c)
Section 27(1)(c) of the Constitution 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 term “everyone” is deliberately broad
and unqualified. In interpreting this term, the Constitutional Court has made it clear that
socio-economic rights are granted to natural persons and not juristic entities, and only to
those present within the borders of the Republic.
2. Application to permanent residents: Khosa v Minister of Social Development
In Khosa v Minister of Social Development; Mahlaule v Minister of Social Development
2004 (6) SA 505 (CC), the Court held that the exclusion of permanent residents from
access to social grants was unconstitutional. The Court reasoned that permanent
residents form part of the South African community and are entitled to the protection of
the Bill of Rights. Therefore, the reference to “everyone” in section 27 includes
permanent residents who are lawfully living in the country.
