Law, Democracy & Development - Volume 4, Issue 1, 2000
Volumes & issues
Volume 4, Issue 1, 2000
Source: Law, Democracy & Development 4, pp V –XI (2000)More Less
In this edition of Law, Democracy and Development salient areas of social security in South Africa are discussed. Certain overarching themes, which have a bearing on all the branches of social security, are dealt with separately - the conceptual framework, scope of application, constitutional issues, judicial protection and enforcement, and international and comparative standards. Particular risk categories are discussed individually. These include disability, family support and maternity protection, and unemployment coverage. The discussion deals with general characteristics of the various themes, commenting on some of the problems, and referring to some international and comparative precedents.
Source: Law, Democracy & Development 4, pp 1 –13 (2000)More Less
The concept of social security has received new attention in the South African legal system with the inclusion of section 27 of the Constitution of the Republic of South Africa Act 108 of 1996. Section 27(1)(c) grants to everyone the right to access to social security including, if they are unable to support themselves and their dependants, appropriate social assistance. Section 27(2) says that the state must take reasonable legislative and other measures. within its available resources, to achieve the progressive realisation of each of these rights.
Those who have and those who don't : an investigation into the limited scope of application of social security in South AfricaSource: Law, Democracy & Development 4, pp 15 –25 (2000)More Less
One of the most crucial areas of concern in South African social security relates to the position of the excluded and marginalised groups (i.e. those excluded and marginalised in terms of the present formal social security system and classification). The scant attention (or lack of attention) paid to these categories in legal and other terms, the vast number of people affected in South Africa by the lack of proper social security protection, and the wide notion of what is constitutionally meant to be included and required in terms of social security regulation favoured in the South African context, warrant an in-depth investigation into their position. This is borne out by the constitutional imperative which grants to everyone the right to have access to social security and social assistance (s 27(1)(c) of the Constitution) and which obliges the state to implement appropriate measures to achieve the same (s 27(2)).
Source: Law, Democracy & Development 4, pp 27 –41 (2000)More Less
The White Paper for Social Welfare (GN 1 108 in GG 18166 of 8 August 199793) defines "family" as: "individuals who either by contract or agreement choose to live together intimately and function as a unit in a social and economic system. The family is the primary social unit which ideally provides care, nurturing and socialisation for its members". However, in modern society it must be accepted that the nuclear family, consisting of a father and a mother and their children, does not constitute the norm as it may have before.
Source: Law, Democracy & Development 4, pp 43 –59 (2000)More Less
Employees enjoy a common law right to a safe work environment and health and safety legislation is aimed at supplementing this basic right. Studies have shown that, generally, occupational injury risks are concentrated in four industries: transport, mining, agriculture and construction (Loewenson 1997:2). Incapacity for work as a result of occupational injuries and diseases is usually conceived of as the loss of the ability to earn and is classified under social insurance. Most social security schemes will, therefore, try to provide an income replacement for those persons affected by a loss of the ability to earn, whether it is due to accident or sickness.
Source: Law, Democracy & Development 4, pp 61 –73 (2000)More Less
South Africa enacted its first compulsory unemployment insurance scheme on a national basis in 1937. Since 1966 the position was regulated by the Unemployment Insurance Act 30 of 1966 (UIA), which is soon to be replaced by new legislation. The proposed legislation is currently in the form of the Unemployment Insurance Bill (UIB) and the Unemployment Insurance Contributions Bill (UICB).
Source: Law, Democracy & Development 4, pp 87 –99 (2000)More Less
A fundamental reform of the social security system is a way of redressing past injustices that occurred in South Africa. It would appear that this reformative approach is in particular borne out by the provisions of the Constitution of the Republic of South Africa 108 of 1996. For the first time in the history of South Africa the Constitution compels the state to ensure the "progressive realisation" of social security. Section 27 shows a clear and unambiguous undertaking by the state to develop a comprehensive social system. It states 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 (s 27 (1 )(b)) and that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights (s 27(2)).
Author Marius OlivierSource: Law, Democracy & Development 4, pp 101 –108 (2000)More Less
It may be true that the lives of most South Africans are increasingly affected by the various forms of social security. And there are not many other academic disciplines. In particular legal disciplines, where so little of the general principles, let alone the intricate debates and details, is actually known. Irrespective of the considerations which may have contributed to this state of affairs over the years, the constitutional embodiment in the Bill of Rights of a right to access to social security (s 27(i)(c) of the Constitution Act 108 of 1996) has now propelled this terrain into the forefront not only of stakeholder debate but also of academic and legal discourse.
Author Sam RugegeSource: Law, Democracy & Development 4, pp 109 –113 (2000)More Less
In February 2000 numbers of Zimbabwe liberation war veterans embarked on a campaign to occupy white-owned farms in Zimbabwe. The veterans were later joined by land-hungry peasants and others who wished to protest against the pattern of land distribution and ownership which is heavily weighted in favour of whites. Currently, over 1600 farms have been occupied by the invaders. The Commercial Farmers' Union, largely representative of white farmers, applied to the High Court for an order that would bring an end to the invasions. The order was eventually granted by consent of the parties.