MOKGORO J
[44]
When the rights to life, dignity and equality are implicated in cases
dealing with socio-economic rights, they have to be taken into account along
with the availability of human and financial resources in determining whether
the state has complied with the constitutional standard of reasonableness. This
is, however, not a closed list and all relevant factors have to be taken into
account in this exercise.
What is relevant may vary from case to case
depending on the particular facts and circumstances. What makes this case
different to other cases that have previously been considered by this Court is
that, in addition to the rights to life and dignity, the social-security scheme put
in place by the state to meet its obligations under section 27 of the Constitution
raises the question of the prohibition of unfair discrimination.
[45]
It is also important to realise that even where the state may be able to
justify not paying benefits to everyone who is entitled to those benefits under
section 27 on the grounds that to do so would be unaffordable, the criteria upon
which they choose to limit the payment of those benefits (in this case
citizenship) must be consistent with the Bill of Rights as a whole. Thus if the
means chosen by the legislature to give effect to the state’s positive obligation
under section 27 unreasonably limits other constitutional rights, that too must
be taken into account.
The ambit of the right of access to social security in terms of section 27(1)(c)
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents