Asylum seekers in South Africa and Covid-19: A catalyst for social security law reform?

Abstract

This contribution interrogates selected social security law issues applicable to asylum-seekers. It does so from the perspective of among others the impact of Covid-19-related labour market and social security regulations and directives (issued in terms of the Disaster Management Act) and against the background of recent statutory and policy developments, and jurisprudential responses. The overarching objective of the article is to provide guidance as to the complex balance between, on the one hand, immigration law principles and, on the other, the imperatives embedded in a human rights-infused approach, with particular reference to the right to (access to) social security, other related fundamental rights, and the principles underlying the limitation of these rights. A set of guiding principles, responsive to Covid-19 regulatory realities, are developed and proposed.