Botiyana v Minister of Social Development (1679/14) [2015] ZAECMHC 52

24th April 2015

Botiyana v Minister of Social Development (1679/14) [2015] ZAECMHC 52

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[1] This is yet another application seeking to enforce a person' s right to social security brought under section 27(1)(c) and (2) of the Constitution of the Republic of South Africa[1].  The relevant part of this section provides that:

" Everyone has the right to have access to - social security , including , if they are unable to support  themselves  and their dependents, appropriate social assistance ".

[2] The State is enjoined to take reasonable legislative and other measures within its available resources to achieve the progressive realisation of the rights enshrined in section 27(1)(c)[2] . In compliance with this constitutional principle, the Legislature enacted Social Assistance Act, 13 of 2004 together with regulations to regulate the grant and payment thereof to deserving qualifying persons. The purpose of the Social Assistance Act (the Act) is to enhance the effective provisioning of social assistance by providing norms and standards, standardised delivery mechanisms and a national policy to the efficient, economic and effective use of the limited resources available for social assistance and for the promotion of equal access to government services.[3]

[3] The Courts have had occasion to interpret s 27(1)(c) in line with the Constitution [4]and have observed that the socio -economic rights are closely related to the founding values of human dignity , equality and freedom[5], referred to by Justice Mokgoro in Khosa & Others v Minister of Social Development & Others....]; Mahlaule and Another v Minister of Social Development[6].