Constitutional Law
Right to Food
Section 27 of the Constitution gives everyone the right of access to sufficient food and water. The state must take progressive reasonable measures to realise this right.
Legal Definition
Section 27(1)(b) guarantees the right of access to sufficient food and water. The Constitutional Court (in Soobramoney and Mazibuko) confirmed the state must take reasonable progressive measures within available resources. Emergency situations may trigger more immediate obligations.
📖 Constitutional / Statutory Basis: Section 27(1)(b), Constitution of the Republic of South Africa, 1996
Practical Example
During a drought, a municipality cuts off food relief distribution arbitrarily. Affected community members can challenge this under s27 as an unreasonable failure to progressively realise the right to food.
Frequently Asked Questions
Does the right to food mean free meals for everyone?
No. It requires the state to have reasonable programmes in place — like social grants, school nutrition programmes — to progressively ensure access to food.
Can I sue the state for hunger?
You can challenge the reasonableness of the state's programmes. Courts assess whether the state is doing enough within available resources, not whether the right is immediately realised.
Are there any immediately realisable food rights?
The right to emergency food assistance in life-threatening situations may be immediately realisable. Basic nutritional needs for children (s28) are treated more urgently.
Related Terms
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