Thesis (M. Phil.)--University of Hong Kong, 2003.

Thesis (doctoral)--Universität Bern, 1983. / Includes bibliographical references (p. vii-xi).

M.Phil. / Past apartheid policies promoted separate development and inevitably affected the economic and social growth of the majority of the South African population. Furthermore, the massive inequalities in income, unemployment, education, health, housing, roads, water and sanitation and the status created by these policies also affected social cohesion, undermined efficiency and economic growth and contributed to a higher level of social unrest and crime, which in turn undermined democracy and development. Two years into the democratic dispensation, the government felt obliged to constrain the pursuit of its ambitious programme and to adhere to the imperatives of a stabilization programme, which restricted the degree to which government proactively pursued a social reform agenda and developmental strategy. A number of reasons are offered for the fundamental shift in policy from the pre-1994 developmental state-led agenda to the post- 1996 market-based approach to both social and economic policy. Even today, the legacy of apartheid is still visible as it was during the height of the apartheid era, and this is reflected in the mushrooming of informal settlements and the illegal occupation of some land demarcated for other purposes. Even now the concepts of providing social security and the obligation of South African government to provide for social security are still new. The issue of social security has developed rapidly since the latter part of the 20 th century. In most democratic states, the obligation to provide social security is entrenched in their constitutions. Before it was entrenched it was up to the individual and the family to provide adequate protection for their families, but today things have changed. The problem with the current South African social security system is that it does not cover rural and urban poor, non-citizen migrant workers and the informally employed. The informally employed and the urban and rural poor do not enjoy any social security protection, unless they are able to meet the most stringent qualifying conditions for any of the social grants. Non-citizen migrant workers also fall largely outside the social security framework that exists in South Africa. Due to the lack of definition, presently there is no uniform definition of social security and this has resulted in various international definitions being used. On the other hand, in an attempt to address the disparity, the South African White Paper for Social Welfare defines social protection as "policies that ensure adequate economic and social protection during unemployment, ill health, maternity, child rearing, widowhood, disability and old age". Social security is one of the means by which people circumvent destitution: it provides for their basic needs when their income stream has ceased, has been disrupted or has not developed sufficiently. The concept of social security has been defined as the "body of arrangements shaping the solidarity with people facing (the threat of) a lack of earnings (i.e. income from paid labour) or particular costs"'. Moreover, it embraces the sphere of complete protection against human damage, an adequate standard of living and social safety net against destitution through preventative measures. In light of the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach or the Western-oriented approach is used in South Africa and as a result it does not cover the characteristics of the African context efficiently. This includes, among other things, the formal sector-based orientation of the traditional social security model and the risks to which many Africans are exposed. It is of great importance for South Africa to develop its own definition of social security for historical reasons and the country's unique social and economic characteristics. The general objective of this dissertation is to look at possible amendments to the present system in order to provide for a more comprehensive scope of coverage of the present social security. It is also important for South African purposes, and/or in accordance with latest developments internationally, to adopt a wider social protection approach rather than rely on a more limited social notion. Therefore, this dissertation will develop a global analysis of the position of non-citizen migrants in South Africa social security law and its impact on employment relations and labour law in South African. This will provide the basis for developing a future strategy for extending higher levels of protection to non-migrant workers who are entering the country and to meet international social security obligations by introducing changes to national legislation. This will also include possible scenarios for improving the position of many people in South Africa. The dissertation will also cover the issue of how our courts have dealt with these violations. The other aim of the study is to analyze the position of the rural and urban poor and the informally employed from a comparative and empirical point of view. This will offer indigents the prospect of a future strategy for extended levels of protection by the creation of specific mechanisms and by introducing changes in national legislation. Finally, the lack of a coherent approach in South Africa social security is clearly discernible and needs to be researched properly and rectified. The present system suggests an archaic and rigid distinction between social insurance and social assistance. In light with the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach, or the Western-oriented approach, is used in South Africa and as a result it does not cover the characteristics of the African context efficiently.

No description available.

Thesis (doctoral)--Universität, Würzburg, 2006.

published_or_final_version / Law / Master / Master of Philosophy

LL.D. / In hierdie studie word ondersoek ingestel na die beregbaarheid van sosiale sekerheidsregte as 'n fundamentele reg wat deur die Grondwet verskans word. Die konsep "sosiale sekerheid" is as fundamentele reg bekend gestel in die Suid- Afrikaanse regsisteem deur die insluiting van die reg op toegang tot sosiale sekerheid in artikel 27(1)(c) van die Grondwet van die Republiek van Suid-Afrika 108 van 1996. Artikel 27(1)(c) bepaal soos voig: Elkeen het die reg op toegang tot sosiale sekerheid, met inbegrip van gepaste sosiale bystand indien hulle nie in staat is om hulself en hul afhanklikes te onderhou nie. Artikel 27(2) bepaal soos voig: Die staat moet redelike wetgewende en ander maatreels tref om binne sy beskikbare middele elk van hierdie regte in toenemende mate te verwesenlik. Alhoewel die reg op sosiale sekerheid spesifieke vermeiding in artikel 27(1)(c) geniet, bestaan daar ook ander regte in die Handves van Regte wat as vertakkings of bepaalde risiko's van 'n sosiale sekerheidstelsel beskou kan word. Dit is die reg op toegang tot mediese sorg, die reg op voedsel en water, die reg op toegang tot geskikte behuising, die regte van kinders op sorg, basiese voeding, skuiling, basiese gesondheidsorg- en maatskaplike dienste. Wanneer daar dus na sosiale sekerheidsregte verwys word, sal dit al bogenoemde bepalings insluit. Die term "sosiale sekerheid" in plaas van "maatskaplike sekerheid" sal ook gebruik word omdat eersgenoemde 'n wyer aanwending as Iaasgenoemde het.

Thesis (LL.M.). / Written for the Institute of Air and Space Law. Title from title page of PDF (viewed 2009/06/17). Includes bibliographical references.

"This report to Congress on measuring stability and security in Iraq is submitted pursuant to section 9010 of the Department of Defense Appropriationsto section 9010 of the Department of Defense Appropriations Act 2006, Public Law 109-148. This is the fourth in a series of reports on this subject and the second of these reports under Section 9010. The most recent report was submitted in February 2006. The report is divided into two sections corresponding to the indicators and measures identified in Section 9010. The first section of the report, "Stability and Security in Iraq," describes trends and progress towards meeting goals for political stability, strengthening economic activity, and achieving a stable security environment in Iraq. The second section of the report, "Security Forces Training and Performance," describes progress in the training, development, and readiness of the Iraqi Security Forces, including the forces of the Ministry of Defense (MOD) and the police and paramilitary forces of the Ministry of Interior (MOI). A classified annex to this report provides classified data concerning security force training and performance and addresses possible U.S. military force rotations"--P. 1. / Title from title screen (viewed on Sept. 6, 2006). "May 26, 2006."

The inclusion of the right of access to social security in the Constitution did not meet with wholehearted approval in South Africa. This right, however, is of vital importance for the future upliftment of the country. The present social security system is based upon a clear distinction between social assistance and social insurance. There is a gap in current social security provisions in that the unemployed middle aged individual is not covered. Unemployment itself is one of the greatest challenges obscuring the implementation of a comprehensive social security system. The Constitutional right is to have ‘access’ to social security and the amount of resources at the state’s disposal is directly related to increasing this right, although it is true that a number of available resources are misspent. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right of access to social security. The principles of solidarity and ubuntu must be cultivated so that national social development becomes a concern for all citizens. There are numerous problems facing South Africans in attaining the goal of access to social security – even if national social development does become a priority. Budgetary constraints, poverty, unemployment, HIV/Aids and foreigners are examples of these. By making social security a priority for everyone, existing ideas (almost all of which have merit) may be converted into long-term solutions for poverty and unemployment. Currently, numerous opportunities to salvage the situation are being overlooked as a result of the lack of a comprehensive and structured plan to better the access to social security. The constitutional right of access to social security is enforceable, although the jurisprudence in this field remains underdeveloped. Conditions are currently favourable, within the country and beyond its borders, for an imaginative and concerted attempt to be made to find potential solutions. It is possible for resources to be increased and for tax benefits to be incorporated for businesses which have the capacity to contribute. The issue of defence spending is controversial, but could hold the key to lowering unemployment. Should jobs be created, it is likely that they will initially be of a temporary nature. Consequently, provisions are needed to ensure some guarantee of income in the lacuna between when a job is lost and another found. Ultimately, one thing is certain: the constitutional right of access to social security will only be complete once the people who are recipients of this right make sacrifices and create corresponding duties for themselves to ensure that the next generation of inhabitants of this country are not facing similar problems. The state’s goal should be to ensure that the basic rights which all people enjoy in terms of the Constitution (in particular the other socio-economic rights) are guaranteed for the duration of their existence, even if the level of benefits received by such people is low.