- Title
- Rights to reality - the right to social security, with particular emphasis on the legal resources centre's welfare project in the Eastern Cape
- Creator
- Delany, Mairéad Christine
- ThesisAdvisor
- Plasket, Clive
- Date
- 2003
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- vital:21027
- Identifier
- http://hdl.handle.net/10962/6052
- Description
- This research addresses the question of whether the courts have been used effectively to enforce the right to social security in the Eastern Cape. The nature of the right to social security is discussed and placed in the context of constitutional developments in South Africa and South Africa's obligations in terms of international law. The enforcement of socio-economic rights and legislation regarding social assistance is also discussed in detail, along with the problems associated with the social security system such as the gaps in the system, the impact of HIV / AIDS and the problems created by the amalgamation of various administrations. The history of the Legal Resources Centre, a non-governmental organisation which has been involved in public interest law for twenty four years, is detailed. The Grahamstown office's litigation campaign against the Eastern Cape Department of Welfare is then discussed and six landmark cases are analysed in detail. A discussion of the jurisprudential significance and impact of each case on the development of South African administrative and constitutional law follows. A series of stories reported in the press illustrate the human aspect of the campaign and balance the legal argument. These stories may suggest that the Constitution's commitment to social justice and the government's commitment to the principles of Batho Pete are merely noble ideals for many people in the province, but it is argued that the LRC's campaign has made a vast contribution towards making these ideals a reality on the ground. The expert opinions of various groups interviewed during the course of this research regarding the impact of the LRC's litigation campaign are discussed, and the conclusion is drawn that it has indeed had a positive effect. They include paralegals at Advice Offices around the province, legal practitioners from the LRC, a private legal practitioner, several representatives of the Black Sash, a former MEC for Health and Welfare in the Eastern Cape Provincial Government, an official from the Department, and a leader of the Anglican Church in the province. In conclusion it is submitted that, but for the LRC's litigation campaign, the situation in the Eastern Cape would not have improved to the extent it has and may even have deteriorated further. Furthermore, it is submitted that as a result of the litigation campaign, the right to social security, and particularly the right to social assistance, is more accessible and more of a reality on the ground.
- Format
- 248 leaves, pdf
- Publisher
- Rhodes University, Faculty of Law, Law
- Language
- English
- Rights
- Delany, Mairéad Christine
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| Thumbnail | File | Description | Size | Format | |||
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| View Details | SOURCE1 | Adobe Acrobat PDF | 31 MB | Adobe Acrobat PDF | View Details |