JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 4(1) - 2000



Editorial 2000 (1)


In this edition of Law, Democracy and Development salient areas of social security in South Africa are discussed. Certain overarching themes, which have a bearing on all the branches of social security, are dealt with separately - the conceptual framework, scope of application, constitutional issues, judicial protection and enforcement, ...




Disability: the quest for reform

 Truter, Laurentia 

Laurentia Truter investigates the protection afforded to people with disabilities by current social security structures. Distinguishing between the different definitions of disability, the author criticises the focus on medical and/or occupational disability, often to the detriment of a social model of disability.

This is followed by an overview of...


Get to work on unemployment

 Calitz, Karen, Brenda Grant, Barry Shipman and Esther van Kerken 

Measuring the unemployment insurance system in South Africa against international standards, the authors consider whether the unemployment legislation should be to provide only for the risk of losing employment, or whether it should also aim to combat unemployment. The article further examines specific aspects of unemployment insurance provision such as...


Protection and enforcement of the right to social security

 Olivier, Marius and Linda Jansen van Rensburg 

Evaluating the protection and enforcement of the right to social security, the authors argue that the only way open to the categories of persons not covered by relevant legislation is on the basis of their constitutional right to access to social security. The major part of the article deals...


Revisiting the social security policy framework in South Africa

 Olivier, Marius and Linda Jansen van Rensburg 

The article offers an evaluative overview of the concept of social security and social security structures in South Africa. It argues that an integrated and coherent system of social security regulation and service delivery is key to resolving the present disparities and deficiencies in the social security system.



Social security aspects of accident compensation: COIDA and RAF as examples

 Myburgh, Piet, Nicola Smit and Daleen van der Nest 

The article gives an overview of current occupational injury insurance and highlights some of the issues related to its (limited) scope of application. It also examines the interaction between the Compensation for Occupational Injuries and Diseases Act and the Road Accidents Fund (RAF) Act in the context of commuter...


Social Security: A conceptual view

 Dekker, Adriette, Linda Jansen van Rensburg, Rene Liffman, Mark Thompson and Adriaan van der Walt 

The article presents an overview of the concept of social security, dealing with the origins of the concept as well as its modern form and stressing the importance of the concept of solidarity for a successful and inclusive social security system. It further advocates a functional definition of social...


The case for increased reform of South African family and maternity benefits

 Dupper, Ockie, Kitty Malherbe, Barry Shipman and Ethel Bolani 

The article gIves an overview of current South African law on family and maternity benefits and highlights a number of shortcomings, notably the exclusion of certain categories of women from maternity benefits. The discussion of family benefits deviates from the usual discourse in that it focuses not only on...


Those who have and those who don't: An investigation into the limited scope of application of social security in South Africa

 Liffman, Rene, Ben Mlalazi, Valerie Moore, Sunday Ogunronbi and Marius Olivier 

The authors deal with the scope of application of social security in South Africa, particularly in relation to excluded and marginalised groups. The article deals in some detail with the categories of persons generally regarded as excluded from the current social security structures, arguing that the level of unemployment...




FORUM CONTRIBUTION: African case law review

 Rugege, Sam 

Sam Rugege's report on recent cases of interest to the African continent focuses on one of the recent Zimbabwean land invasion cases, highlighting the tension between a court system seeking to maintain the rule of law and an executive resistant to it. It also discusses a case relating to...