ZA UWC SPI 2025-0002-9-24 - Monitoring the Right of Access to Social Security and Appropriate Social Assistance in South Africa

This exercise encourages public accountability in support of the constitutional commitment to advance socio-economic rights. The relationship between the positive duties of the State in Sections 26(2) and 27(2) and the general limitations clause is a complex one. However, the State's positive duties are defined in terms of the adoption of reasonable measures, as we will see in the following section. If the State's conduct or omissions are found to be unreasonable at the outset of the constitutional inquiry, it is difficult to imagine situations in which it could still succeed in establishing a reasonable limitation of the right under Section 36.