Examining the exclusion of poor able-bodied adults from permanent social welfare scheme in South Africa: a legal analysis

This article examines the position of unemployed, non-disabled adults aged 18–59 (the missing middle) within South Africa’s social assistance framework. It distinguishes the absence of a permanent grant from temporary Social Relief of Distress support. It adopts a qualitative doctrinal research approach, examining constitutional provisions, social assistance legislation, case law and scholarly literature to argue for permanent inclusion. The central question is whether the framework reasonably addresses the missing middle’s severe material need. The analysis recognizes legitimate governmental reasons for controlling expenditure, prioritizing existing grants and promoting employment. However, these considerations do not remove the state’s obligation to assess exclusion’s effects on equality, dignity and access to social assistance. Applying the Harksen test and socioeconomic-rights reasonableness review, the article develops a constitutional argument for permanent inclusion, concluding that a permanent, means-tested working-age grant could offer a persuasive policy response to address this gap within available resources.