Whither social security?

Author Marius Olivier

ISSN: 1996-2088
Affiliations: BA LLB (Pretoria) LLD (South Africa); Honorary Professor, Faculty of Law, Nelson Mandela University; Extraordinary Professor, Faculty of Law, North-West University; Adjunct-Professor, School of Law, University of Western Australia; Visiting Fellow: Refugee Law Initiative, School of Advanced Study, University of London (UK)
Source: Acta Juridica, 2025, p. 312-356
https://doi.org/10.47348/ACTA/2025/a10

Abstract

The contribution highlights the need for critical reform of the South African social security system, despite significant advances made over the last few decades. The required reforms must be informed by the need for a reconceptualised understanding of the comprehensive social protection objectives to be achieved, a context-sensitive appreciation of the social security risk concept and the associated vulnerabilities underlying the social security response framework, and an enhanced comprehension of work. Incorporating economic and environmental risks in the social security scope would ensure that social security could meaningfully respond to climate change concerns and loss of livelihood support. This would also provide a basis for accommodating those engaged in care work and in the informal economy. Substantive equality considerations, enshrined in both the Constitution and international law, would strengthen the case for including excluded and marginalised categories of persons, including the long-term and structurally unemployed, and help to inform system redesign to better accommodate disadvantaged women. The concerning trend towards new exclusions and limitations in South African social security must be confronted.