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Refereed articles

Between availability and entitlement: The Constitution, Grootboom and the right to food

Danie Brand considers the application of certain of the principles enunciated in recent Constitutional Court jurisprudence on socio-economic rights to policies aimed at the realisation of the right to food. On the basis of a review of current policies, the author concludes that government's current response to food insecurity is potentially unconstitutional because it does not constitute a comprehensive response to the needs of a large number of people in South Africa.

The author suggests the introduction of a basic income grant, or the extension of existing social security grants, as possible ways to address the problem of food insecurity.

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