The constitutional implications of the right to social security for non-South African Nationals

Abstract

This research examines the constitutional implications of the right to social security and status of non-nationals in South Africa and the exiting immigration laws, government policies and the legislative frame work of South African social security. This study reflects critically on access to South African social security benefits by non-south African nationals. The study further discusses this issue by examining section 27 (1) c and section 27 (2) of the 1996 Constitution together with the role of South Africa as a member state to multilateral, bilateral, regional and sub-regional organisations to implement the right to social security for non-nationals. Focus is on International Labour Organisations (ILO) treaties, the Southern African Development Communities Charter (SADCC), African Charter on human and Peoples’ Rights (ACHPR), as far as they relate to social security and the International Committee on Economic Social and Cultural Rights (ICESCR). Legally and factually, the position of non-nationals in terms of South African immigration law is superimposed on their social security status, to an extent, this is qualified by the provisions of labour law agreements entered into between South Africa and some non-nationals states. This raises a lot of challenges and impediments on non-nationals as far as enjoying their right to social security.