The inadequacy of the Social Grant System available to children in South Africa

Abstract

The purpose of this article is to examine the current social assistance grant system available to children in South Africa and to indicate its major shortcomings. The new Children’s Bill and Social Assistance Bill, soon to be enacted, will also be examined to establish whether there are any positive changes with regard to the socio-economic situation of children. Proposals made by the South African Law Commission, South African Human Rights Commission, Committee of Inquiry into a Comprehensive System of Social Security for South Africa, the United Nations Committee on the Rights of the Child and several other interested parties will also be considered to establish whether in fact government is in compliance with its constitutional and international duty towards realising the social security and social assistance rights of children. It is submitted that the exclusion of children of the ages of (currently) 11 to 18 from the child support grant infringes on their  constitutional rights to social assistance, human dignity, life and equality. Another problem with the current grants is the unavailability thereof to households where an adult caregiver is absent as well as the complicated means test. The unavailability of these grants to children of refugees is also a cause for concern. Due to the categorical nature of children’s social assistance grants, it is submitted that the state is not currently conforming to the standards set by the Bill of Rights and international law.