Social Security Law Assignment

Social Security Law
Assignment: 1
Due Date: 21st September 2021
Dale Onions
201802354

Contents Page:
1. Introduction....................................................................................Page: 1
2. Shortfalls in Social Assistance...............................................................Page: 1
3. Social Assistance and the Basic Income Grant............................................Page: 2
3.1 Advantages............................................................................Page: 3
3.2 Disadvantages........................................................................Page: 3
4. Shortfalls in the provision for Compensation for Occupation Injuries and Diseases, Road
Accident Fund, the Pension Fund system..................................................Page: 4
5. Conclusion.....................................................................................Page: 5
6. Bibliography...................................................................................Page: 6

1. Introduction:
The goal of social security is to provide protection for members of society in the event of
economic or social misfortune.1 It is critical to remember that South Africa's current social
security system has its origins in Section 27 of the Constitution of the Republic of South Africa,
19962, which acknowledges social security as one of the Bill of Rights' essential rights. Section
27 provides everyone the right to social security, including appropriate social assistance if they
are unable to maintain themselves and their dependents3. “The protection that society provides
for its members, through a series of public measures, against the economic and social distress
that would otherwise be caused by the stoppage or substantial reduction of earnings resulting
from sickness, maternity, employment injury, unemployment, invalidity, old age, and death,4”
according to the International Labour Organization (ILO).
2. Shortfalls in Social Assistance:
For a middle-income developing country, South Africa inherited a social security system that is
extremely extensive. A closer examination of the system, however, reveals that it has numerous
flaws. The system's exclusionary aspect is particularly noteworthy5.
The social assistance system has a categorical approach, which means that only particular types
of disadvantaged people are targeted for social assistance protection, such as the elderly,
children, and disabled people. The benefits offered by various grants are still inadequate, and the
handouts are insufficient to solve the country's significant poverty. The typical hazards identified
by the International Labour Organization (ILO) are addressed by social insurance. As a result,
the system is stated to take a risk-based strategy. For a developing country like South Africa,
where other risks such as HIV/AIDS also pose a threat to people's social security, and where
there is a significant difference between typical social security risks in rural and urban areas, the
risk-based approach is too limited6. Several groups of persons are excluded from social security
1 Strydom Essential Social Security Law 2 ed (2001) 32 Section 27 of the Constitution of the Republic of South Africa, 19963 Section 27 of the Constitution of the Republic of South Africa, 19964 Oliver Introduction to Social Security 3 ed (1984) 35 Strydom Essential Social Security Law 2 ed (2001) 7
6 Strydom Essential Social Security Law 2 ed (2001) 20
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