The appropriateness of child support grants in advancing the socio-economic rights of children in South Africa

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