A legal analysis of the feasibility of a basic income grant in South Africa

Abstract

Ravaged by the socio-economic ills of poverty, income inequality and unemployment, South Africa entrenched the constitutional right to access social assistance for everyone unable to support themselves and their dependents under section 27(1)(c). The state is obliged to create a comprehensive social security system, to ensure that all who need social assistance access it. But not all poor and deserving people access social assistance. The study found that underlying the obligation to improve the quality of life for all is the fundamental normative commitment to access social assistance. In 2002, the Taylor Committee recommended, inter alia, that the state implements a Basic Income Grant (hereafter the ‘BIG’) as part of its comprehensive social security project. The study thus examines the legal feasibility of the BIG to provide social income support to eliminate widespread socio-economic ills, for all in South Africa. The study makes use of a desktop qualitative methodology garnered four-folded objectives. The relevant revelations were as follows: First, the study found that international and regional frameworks do not directly guarantee poor able-bodied working-age adults any social income support. Second, the study found that little jurisprudence interprets the right to social assistance, let alone a BIG. But a general body of socio-economic judgments developed over the years can aid in developing the right. Third, the study found that Covid-19 resurrected the over two-decade laments for a BIG, given the R350 Covid-19 SRD grants that were since provided. It was further found that there is reasonably sufficient capacity to roll out the BIG. Finally, the study included a comparative perspective and identified the Republic of Namibia, as the right comparator. The study found that South Africa can learn from the tremendous improvements in the quality of the lives of the people of Otjievero since the Namibian BIG Pilot Project. Also, the study found that there are numerous financing avenues for the BIG. Ultimately, the study recommended the gradual implementation of a BIG, starting with those aged 18 to 59 years.