The spirit and tenor of the Constitution is one that promised the equal protection of the laws to all the
people of South Africa; and a ringing and decisive break with a past which perpetuated inequality and
irrational discrimination and arbitrary governmental and executive action. The aspirations of the
Constitution in establishing a new South African society has been termed ‘transformative
constitutionalism’. The right of access to social security is one of the rights guaranteed by the
Constitution in order to achieve its aims. The guarantee of the right of access to social security and
related rights has been very instrumental in the development of the social security system. This
development has had an immense impact on the transformation of South African society, thereby
advancing the transformative constitutionalism agenda.