Thesis(LLM.) -- University of Limpopo, 2022 / Ravaged by the socio-economic ills of poverty, income inequality and
unemployment, South Africa entrenched the constitutional right to access
social assistance for everyone unable to support themselves and their
dependents under section 27(1)(c). The state is obliged to create a
comprehensive social security system, to ensure that all who need social
assistance access it. But not all poor and deserving people access social
assistance. The study found that underlying the obligation to improve the
quality of life for all is the fundamental normative commitment to access
social assistance. In 2002, the Taylor Committee recommended, inter alia,
that the state implements a Basic Income Grant (hereafter the ‘BIG’) as part
of its comprehensive social security project.
The study thus examines the legal feasibility of the BIG to provide social
income support to eliminate widespread socio-economic ills, for all in South
Africa. The study makes use of a desktop qualitative methodology garnered
four-folded objectives. The relevant revelations were as follows: First, the
study found that international and regional frameworks do not directly
guarantee poor able-bodied working-age adults any social income support.
Second, the study found that little jurisprudence interprets the right to social
assistance, let alone a BIG. But a general body of socio-economic judgments
developed over the years can aid in developing the right. Third, the study
found that Covid-19 resurrected the over two-decade laments for a BIG,
given the R350 Covid-19 SRD grants that were since provided. It was further
found that there is reasonably sufficient capacity to roll out the BIG. Finally,
the study included a comparative perspective and identified the Republic of
Namibia, as the right comparator. The study found that South Africa can
learn from the tremendous improvements in the quality of the lives of the
people of Otjievero since the Namibian BIG Pilot Project. Also, the study
found that there are numerous financing avenues for the BIG. Ultimately,
the study recommended the gradual implementation of a BIG, starting with
those aged 18 to 59 years.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ul/oai:ulspace.ul.ac.za:10386/4124 |
| Date | January 2022 |
| Creators | Kgaphola, Justice Mokwati |
| Contributors | Tshoose, C. I. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | ix, 104 leaves |
| Relation |
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