WEBINAR SERIES SPARKS URGENT DIALOGUE ON SOCIAL SECURITY COVERAGE FOR VULNERABLE GROUPS

By Precious Mupenzi.

• The Department of Social Development (DSD) and the Human Sciences Research Council (HSRC) have launched a national webinar series to address gaps in South Africa’s social security system, focusing on migrants, informal workers, and other vulnerable groups.
• The series is based on theSocial Security Review Volume 2: Social Security in the Time of COVID-19 and will unpack nine thematic research papers to inform policy reform.
• The first session examined lessons from the pandemic and explored strategies to extend coverage to excluded groups.

The Department of Social Development (DSD) and the Human Sciences Research Council (HSRC) have launched a national webinar series aimed at addressing gaps in South Africa’s social security system, with a focus on vulnerable groups such as migrants and informal workers. Grounded in the recently published Social Security Review Volume 2: Social Security in the Time of COVID-19, the series serves as a platform to discuss research findings and policy recommendations that strengthen protection for excluded communities.

Prof. Marius Olivier on Migrant Inclusion: Gaps, Realities, and Opportunities
A key highlight of the session was a powerful presentation by Professor Marius Olivier, a leading legal scholar with international expertise on social protection, migration, and labour law. His presentation, titled Social Security for Migrants Post-COVID-19: Revisiting the Legal and Policy Framework, critically examined the extent to which South Africa was prepared to meet the social security needs of migrants during the pandemic and what needs to change.

“From the perspective of migrants, we were not sufficiently prepared when COVID-19 struck. Government struggled to formulate appropriate responses. In some cases, it took court intervention to prompt action,” Prof. Olivier stated.

He pointed to gaps in both constitutional interpretation and international law compliance, warning that despite the constitutional right to social security for “everyone”, many migrant groups remain excluded in practice.

Emergency Measures and Legal Precedents
Prof. Olivier acknowledged that South Africa introduced several emergency measures during the pandemic, including the R500 billion stimulus package, Temporary Employer/Employee Relief Scheme (TERS) under the UIF, compensation for occupational diseases, and the now-extended Social Relief of Distress (SRD) Grant. However, he noted that these were often reactive, with limited reach for non-citizens.

“Had it not been for the Scalabrini Centre judgement, asylum seekers and special permit holders would have remained excluded from the SRD Grant. Even today, temporary migrants and undocumented individuals despite their vulnerability remain outside the system,” he added.

The judiciary, he noted, has consistently underscored the need for a rights-based approach, especially during crises. The Scalabrini judgement and the Khosa and Rafoneke cases affirm that permanent residents and certain categories of migrants are entitled to both contributory and non-contributory social protection, grounded in the constitutional rights to equality, dignity, and access to social security.

Health Care Access and the NHI
Turning to healthcare, Prof. Olivier expressed concern over recent developments under the National Health Insurance (NHI) Act, which now limits access for asylum seekers and undocumented migrants to emergency services only, treating them similarly to “illegal migrants”, a term he recommends replacing with “irregular migrants”. Only children of undocumented migrants retain full access to healthcare.

“This is a regressive step. It falls short of our constitutional values and risks undermining public health outcomes,” he cautioned.

Global Best Practice: What Other Countries Did Better
In response to questions from participants, Prof. Olivier cited examples from around the world where countries had done more to protect migrants during COVID-19. He shared insights from ILO reports and comparative global research:

• France and Spain extended residence permits to ensure continued access to healthcare.
• Portugal regularised the status of all non-nationals with pending applications, allowing them access to healthcare, employment, and social support.
• New Zealand ensured that seasonal migrant workers were entitled to income support if they were ill, isolated, or affected by lockdowns.
• Brazil offered three months of emergency income to informal and irregular migrant workers.
• Tajikistan and Lesotho implemented food and cash support for migrants and their families. Lesotho even assisted thousands of its nationals living in South Africa.

“We were not alone in being unprepared, but other countries acted faster to protect migrants. South Africa can and must learn from these responses,” he urged.

Recommendations for Policy and Legal Reform
Prof. Olivier stressed the need for a comprehensive, proactive, and inclusive policy to guide migrant access to social protection in South Africa not only during pandemics, but as a permanent feature of a resilient system.

He offered the following key recommendations:

• Establish a responsive legal and policy framework that ensures migrants, especially those in regular situations, are protected under social security systems.
• Align national laws with international and regional standards, including those from the African Union, and reconsider the lack of ratification of key instruments like the 1990 UN Convention on Migrant Workers.
• Develop a national policy on non-citizen access to social protection, grounded in constitutional values and international commitments building on initial work done by the DSD in 2013.
• Move beyond fragmented legal responses and establish a coherent implementing framework across government departments.
• Be forward-looking in planning for future crises, including climate change, which is already triggering internal and cross-border displacement.

“If we’re serious about resilience, our systems must be agile, inclusive, and informed by both constitutional imperatives and practical realities,” Prof. Olivier concluded.

A Platform for Policy Change
The inaugural session also featured presentations by Mr. Shaka Bob and Ms. Shirin Motala, who explored the extension of parental protections to informal workers. The authors reiterated that informal workers in South Africa require extension of maternity and parental protections due to the extreme vulnerabilities they face. In conclusion, Motala and Bob called for setting up emergency funds that help informal workers during crises. As the country marks Women’s Month, there must be deliberate efforts to support women-led organisations.

Discussant reflections from Prof. Nomkhosi Xulu-Gama and Prof. Francie Lund enriched the dialogue, which is expected to continue in the upcoming sessions of the series.

As South Africa seeks to build a social protection system that truly leaves no one behind, this webinar series represents a vital opportunity to shape policy with inclusivity, dignity, and justice at its core.