Everyone has the right to have access to:

• Health care services (including childbirth facilities)
• Enough food and water
• Social security (which means support for people who can’t support themselves or their dependents)

The section says government must pass laws and have policies that provide welfare assistance for the people who need it the most. (See [2023CCUpdate] page 293 Social grants)

However, section 27 also says that it is the government’s duty to provide access to these facilities only ‘within its available resources’. This means the government’s duty is limited to what it can afford. But, the section says the government must improve these services over time.

EXAMPLE

In 2022 KwaZulu-Natal and the Eastern Cape experienced extreme rainfall and flooding. Damage to water infrastructure resulted in widespread disruptions to water suppliers throughout the provinces, leaving communities with no or interrupted supplies for months. There was no systematic effort on the part of government to ensure that people had access to the water they needed during this period. This alongside the damage caused to houses, created a sanitation crisis as the floods destroyed some communal toilets, forcing some people to use the bushes. Several health facilities in KZN had insufficient water suppliers. There were also severe water shortages in the Nelson Mandela Bay Metropolitan Municipality in the Eastern Cape, which had faced drought since 2016. The water crisis was made worse by the failure of local authorities to fix leaks and the city lost an estimated 29% of its water supply. These are examples of the violation of Section 27 of the Bill of Rights where the government has a duty to provide access to these facilities and must improve these services over time. 

Emergency medical treatment – Everyone is allowed to have access to emergency medical treatment.