Abstract:
This study investigates the appropriateness of Child Support Grants (CSGs) in advancing the
socio-economic rights of children in South Africa (SA), as guaranteed in sections 27 and 28 of
the Constitution of the Republic of SA, 1996 (‘Constitution’). Having regard to the
Constitution, the Children’s Act 38 of 2005, the South African Social Security Agency Act 9
of 2004, the Social Assistance Act 13 of 2004 and other primary sources, the study establishes
the nature and extent of children’s socio-economic entitlements.
The study investigates the evolution of CSGs, together with the need, purpose and adequacy
of CSGs. In relation to the latter, the study unpacks the requirements and criteria to access, and
qualify for, CSGs before, and after, the promulgation of the Regulations Relating to the
Application for, and Payment of Social Assistance and the Requirements or Conditions in
Respect of Eligibility for Social Assistance, which came into effect on 31 May 2022 (‘2022
Regulations’). The study enquires into whether the current means-tested system of CSG is
promoting, protecting, respecting and fulfilling the best interests of children in SA. As a related
enquiry, the study investigates the extent to which children’s constitutionally guaranteed socio
economic rights, together with their right to dignity, is protected within the current social
security regulatory system involving CSGs. In particular, the study investigates the current
state of poverty and inequality in SA, and evaluates the effectiveness of CSGs in alleviating
poverty and reducing inequality.
In addition to constitutional and statutory provisions, the study analyses case law, empirical
evidence collated by other scholars and recent statistics reports to resolve the research problem
identified. It compiles findings and recommendations that will assist the state, specifically the
South African Social Security Agency (SASSA) and the Department of Social Development
(DSD), together with other stakeholders to ensure the effective use of CSGs to improve the
living conditions of impoverished children through good governance, with better checks and balances
