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Proposed legal reforms to protect South Africa's informal social security
Dissertation (LLM (Mercantile Law)--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613660123234304 |
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| access_status_str | Open Access |
| author2 | Newaj, Kamalesh |
| author_browse | Newaj, Kamalesh |
| author_facet | Newaj, Kamalesh |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Mercantile Law)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100819 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:40.578Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100819 Proposed legal reforms to protect South Africa's informal social security Newaj, Kamalesh zeelie.robin@gmail.com Zeelie, Robin Erin UCTD Sustainable Development Goals (SDGs) Informal social security History Social security Social assistance Constitution of the Republic of South Africa Duty Cooperatives Basic income grant Dissertation (LLM (Mercantile Law)--University of Pretoria, 2024. Informal social security is a non-governmental form of social security between kin and/or community members and is a prevalent practice in South Africa. The question this dissertation analyses is whether the South African government fails in its constitutional duty to protect and advance informal social security. The dissertation limits itself to analysing cash transfers through social grants, and social insurance in the Unemployment Insurance Act and the Compensation for Occupational Injuries and Diseases Act. This dissertation delineates its definition of informal social security, historically contextualises its practice, and explains the contemporary formal social security framework. This dissertation finds five prominent shortcomings in the formal framework, and that these shortcomings have a profoundly negative, weakening effect on informal social security, as the more people who rely on informal mechanisms, the less it can respond to needs arising from life contingencies, shocks, and risks. The dissertation concludes by analysing three legal reform proposals the state can implement: extending existing social insurance frameworks to those in the informal sector, promoting cooperatives as a formal platform for the informal, and the basic income grant. University of Pretoria (UP) bursary Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws SDG-01: No poverty SDG-02: Zero hunger SDG-03: Good health and well-being 2025-02-13T09:08:14Z 2025-02-13T09:08:14Z 2025-04 2024-11 Dissertation * A2025 http://hdl.handle.net/2263/100819 https://doi.org/10.25403/UPresearchdata.28400927 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Informal social security History Social security Social assistance Constitution of the Republic of South Africa Duty Cooperatives Basic income grant Proposed legal reforms to protect South Africa's informal social security |
| title | Proposed legal reforms to protect South Africa's informal social security |
| title_full | Proposed legal reforms to protect South Africa's informal social security |
| title_fullStr | Proposed legal reforms to protect South Africa's informal social security |
| title_full_unstemmed | Proposed legal reforms to protect South Africa's informal social security |
| title_short | Proposed legal reforms to protect South Africa's informal social security |
| title_sort | proposed legal reforms to protect south africa s informal social security |
| topic | UCTD Sustainable Development Goals (SDGs) Informal social security History Social security Social assistance Constitution of the Republic of South Africa Duty Cooperatives Basic income grant |
| url | http://hdl.handle.net/2263/100819 https://doi.org/10.25403/UPresearchdata.28400927 |