Exam (elaborations)
SSLst semester exam and assignment answers
- Course
- Social security law
- Institution
- University Of South Africa (Unisa)
SSLst semester exam and assignment answers: 99-100%
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Student number: 43647359Course code: SSL2601
Name: Emelda Malavi
Student Number: 43647359
1
, Student number: 43647359
Question 1
a) The role played by international law in the development of South Africa’s social
security system.
How International Law was introduced into The South African Constitution (1996):It
was introduced through Bill of Rights in the Constitution of the Republic of South
Africa during the dawn of democracy. 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 “ 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.”
International law is made up of the following:
• Treaties,
• Declarations,
• Conventions,
• Charters and
• Customary international law.
International supervisory Bodies International bodies are namely:
1. The United Nations (UN) where we find provisions on the right to social security: the
UN Charter, the Universal Declaration of Human Rights, and the International Covenant
on Economic, Social and Cultural Rights and
2. The International Labour Organisation (ILO) with Conventions and Recommendations
on the right to social security.
2
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