The role and impact of constitutional values of ubuntu, equality, and human dignity in the interpretation and protection of the right to have access to social security in South Africa

Abstract

This article examines the role and impact of constitutional values of ubuntu, equality, and human dignity in the interpretation and protection of the right to have access to social security entrenched in the Constitution of the Republic of South Africa, 1996. Sec. 27(1)(c) of the Constitution provides a universal social security protection to everyone, including if they are unable to support themselves and their dependants’ appropriate social assistance. Against this background, this article has three objectives. First, it enters the debate on the universal approach that comes with a human right to social security. Secondly, it examines the impact of the constitutional values of human dignity, equality, and ubuntu on the right to have access to social security. Thirdly, it looks at how the South African courts have incorporated and interpreted these values in their drive to protect and enforce the constitutional right to have access to social security. The article concludes by examining South Africa’s compliance with its constitutional obligation in respect of ensuring that everyone has the right to have access to social security.