NGCOBO J
whether the standard for determining reasonableness under section 27(2) is the
same as the standard for determining reasonableness and justifiability under
section 36(1) and, if not, what is the appropriate standard for determining
reasonableness under section 27(2). These questions were not addressed in
argument and for reasons that will appear below, they will not be answered
now.
[107] Faced with these questions, the main judgment adopts the attitude that
the outcome would be the same whether the enquiry is to be conducted under
section 27(2) or section 36(1). I prefer to approach the matter differently – by
looking first to the enquiry required in section 27 and then, if necessary, to
section 36. I should add, though, that the outcome would be the same even if
the enquiry were to begin and end in section 27(2).
Is there a limitation of a constitutional right?
[108] For convenience, the relevant provisions of section 27 are set out
hereunder:
“(1)
Everyone has the right to have access to—
...
(c)
social security, including, if they are unable to support
themselves
and
their
dependants,
appropriate
social
assistance.
(2)
The state must take reasonable legislative and other measures, within
its available resources, to achieve the progressive realisation of each
of these rights.”
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