NGCOBO J
[109] Section 27(1) and (2) must be read together to give content to the right
of access to social security. Subsection 1 delineates the scope of the right by
vesting the right in everyone.12 In Grootboom, this Court held that subsection
1 of section 26 places a negative obligation on the state to desist from
preventing or impairing the right of access to adequate housing. This applies to
section 27 as well.
[110] Subsection (2) imposes a positive obligation upon the state “to devise a
comprehensive and workable plan to meet its obligations in terms of the
subsection.”13 However, this is a qualified obligation, to “(a) take reasonable
legislative and other measures; (b) to achieve the progressive realisation of the
right; and (c) within available resources”.14
[111] Section 27(1) vests a right of access to social security in “everyone”.
The constitutional reference to “everyone” implies that all in need must have
access to the social welfare scheme that the state has put in place. Where some
who are in need are excluded, everyone does not have access to the scheme.
The word “everyone” is a term of general import and unrestricted meaning. It
means what it conveys. Once the state puts in place a social welfare system,
everyone has a right to have access to that system.
12
Grootboom above n 10 at para 34.
13
Grootboom above n 10 at para 38.
14
Id
70
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