Abstract
South Africa is currently developing an overarching policy framework for effi-cient and effective resolution of social security disputes as part of reforms towards the establishment of a comprehensive social security system. In the development of the policy, international and regional guidelines and standards on access to justice were instrumental as they are benchmarks on the scope and content of the right of access to courts for social security claimants and the State’s obligations in this regard. This article outlines some international guidelines and standards relevant to the realisation of access to justice for social security claimants; and their role in recent reform initiatives that have been undertaken to promote access to justice in the South African social security system.
Highlights
The Bill of Rights of the South African Constitution guarantees everyone the right to have access to social security, including appropriate social assistance for persons who are unable to support themselves and their dependants.[1]
In the development of the policy, international and regional guidelines and standards on access to justice were instrumental as they are benchmarks on the scope and content of the right of access to courts for social security claimants and the State’s obligations in this regard.This article outlines some international guidelines and standards relevant to the realisation of access to justice for social security claimants; and their role in recent reform initiatives that have been undertaken to promote access to justice in the South African social security system
Since a dispute resolution framework is an integral part of any comprehensive social security system, it is included in the constitutional obligation of the State to take reasonable legislative and other measures
Summary
The Bill of Rights of the South African Constitution guarantees everyone the right to have access to social security, including appropriate social assistance for persons who are unable to support themselves and their dependants.[1]. In relation to the right of access to justice, the Constitution states that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.[3] In addition, other rights that have a bearing on the realisation of the rights of access to social security and to justice are protected in the Constitution These rights, which include the rights to equality,[4] human dignity[5] and just administrative action[6] must be considered in establishing a social security adjudication system. The article highlights the application of international standards in the adjudication policy and in comparative legal jurisdictions
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