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September 8, 2026Argumentation and Advocacy

Reframing the South African Basic Income Grant argument: a closer look at section 27(1) (c) of the Constitution

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MMMphatho Luyanda Mdletshe

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Overview

Qualitative doctrinal analysis reveals a constitutional mandate for needs-based income assistance in vulnerable working-age adults, indicating a legally defensible path for basic income grants.

Key Points

  • To examine how section 27(1)(c) of the South African Constitution provides a legal foundation for conceptualizing and justifying a Basic Income Grant.
  • Conducted a qualitative doctrinal analysis examining constitutional provisions, domestic legislation, case law, and legal scholarship regarding socio-economic rights.
  • Reconceptualizes the Basic Income Grant as an extension of the constitutional right to appropriate social assistance rather than an unconditional universal cash transfer.
  • Identifies that implementing needs-based means-testing aligns with section 27(2) of the Constitution by directing scarce state resources toward citizens unable to support themselves.
  • Concludes that benefit levels must remain sufficient and adequate to alleviate poverty, safeguard human dignity, and guarantee minimum living standards for vulnerable working-age adults.

Cite This Study

Mphatho Luyanda Mdletshe (2026) studied this question.

synapsesocial.com/papers/6a9fd72a58e84d0ff5b45aechttps://doi.org/10.1080/10511431.2026.2727339
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