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MODULE: SSL2601ASSIGNMENT 01
UNIQUE NUMBER: 831445
NAME: Emelda Malavi
STUDENT NUMBER: 43647359
1
, The role of International Law on the development of social security in
South Africa:
• How International Law fits into the Constitution:
Firstly, we must look at how International Law was introduced into The South African
Constitution (1996): through “the introduction of the Bill of Rights in the Constitution of the
Republic of South Africa together with the dawn of democracy in this country have
reaffirmed the country’s commitment to comply with international laws and standards 1
According to Section 39 of the Constitution2 “the courts are to consider international law
when interpreting the Bill of Rights”.
• Why is international Law important?
“Social security is considered to be an internationally recognised human right which must
be respected, protected, promoted and fulfilled by all governments of the world. “3 thus,
there being international bodies that play a significant role in the protection and promotion
of the right to social security in South Africa e.g. The United Nations (UN), that way all the
governments of the world can be involved in that respect.
• The application of international law:
International Law cannot be applied randomly without considering the Constitution of The
Republic of South Africa.
Even though international Law is used when interpreting the Bill of Rights there are
Sections 233 and 232 amongst others that need to be adhered to when doing so.
According to Section 233 of the Constitution: “the South African courts are given the duty
to prefer any reasonable interpretation of legislation that is consistent with international
law over any alternative interpretation that is inconsistent with international law “4
But we must also note that section 232, “gives recognition to customary international law
if it is consistent with the Constitution or an Act of Parliament.”5
• Instruments used to apply international Law:
The Instruments of international law are treaties, conventions, Declarations, charities, and
customary international law.
1
Study Guide for SSL2601 page 14
2
The constitution of the Republic of South Africa 1996
3
Study Guide for SSL2601 page 14
4
Study Guide for SSL2601 page 14
5
Study Guide for SSL2601 page 14
2
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