Those who have and those who don't: an investigation into the limited scope of application of social security in South Africa

One of the most crucial areas of concern in South African social security relates to the position of the excluded and marginalised groups (i.e. those excluded and marginalised in terms of the present formal social security system and classification). The scant attention (or lack of attention) paid to these categories in legal and other terms, the vast number of people affected in South Africa by the lack of proper social security protection, and the wide notion of what is constitutionally meant to be included and required in terms of social security regulation favoured in the South African context, warrant an in-depth investigation into their position. This is borne out by the constitutional imperative which grants to everyone the right to have access to social security and social assistance (s 27(1)(c) of the Constitution) and which obliges the state to implement appropriate measures to achieve the same (s 27(2)).