General Questions

Does the right to have access to social security apply to everyone?

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  • The Constitution grants this right to “everyone”, however, this is not an absolute right and is governed by legislation, such as the Social Assistance Act 13 of 2004.
  • This means that the legislation will have clear guidelines as to when a person will qualify for social assistance. As a general rule, those who are in need are more likely to claim and benefit from the social security protection provided in the Constitution.
  • It should also be taken into account that the Constitution only provides access to social security and not a right to automatically receive social security.
Human Rights

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