Black Sash submits that the protection of social grants from unlawful deductions is a seminal element of the right to social security/assistance as set out in the Constitution and International Law.
We therefore take the view that tightening the provisions pertaining to deductions from social grants is necessary for the protection of social grants. Any failure to do so, by the state, constitutes a failure to protect the right and therefore an independent human rights violation. Black Sash is also of the view that Draft Amendment should be further tightened.
In summation, Black Sash submits that the DSD should amend the Draft Amendment for better alignment to South Africa’s Constitution and jurisprudential law which requires the state respect, protect, promote and fulfil the right to social security and to take account the demands of International law on a state.