Editorial 2002 (2)
The Bill of Rights in South Africa's 1996 Constitution has been internationally lauded for its inclusion of an impressive array of justiciable socio-economic rights. 2002 was the fifth anniversary of the adoption of the Constitution.
This offered an important opportunity for reflection on the progress that has been made...
A critical assessment of land redistribution policy in the light of the Grootboom judgment
|Lahiff, Edward and Sam Rugege|
Edward Lahiff and Sam Rugege look at the governmentÆs land redistribution programme which seeks to give effect to section 25(5) of the Constitution. Analysing the constitutional, legislative and policy framework for redistribution the authors consider (in light of the Grootboom judgment) whether the land redistribution programme is reasonable.
Implementation of Grootboom: Implications for the enforcement of socio-economic rights
Kameshni Pillay argues that the Grootboom judgment had not (at the date of writing) resulted in a comprehensive national programme to provide accelerated access to land for people in desperate situations. This can be at least partially attributed to the fact that the order handed down by the Constitutional...
The public finance implications of recent socia-economic rights judgments
With reference to the three main Constitutional Court judgments on socio-economic rights, Kam Chetty analyses the obligations placed on the government and highlights five key public finance issues that influence the realisation of socio-economic rights. The first acknowledges the difficulty of addressing socio-economic rights, particularly in the context of...
Incomplete ruptures: The political economy of realising socio-economic rights in South Africa
|Pieterse, Edgar and Mirjam van Donk|
Edgar Pieterse and Mirjam van Donk focus on the question whether the post-apartheid South African state has the organisational and political capability to to ensure the progressive realisation of socio-economic rights. However, the issue of state capability cannot be delinked from civil society activism to use and expand the...
South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty?
Sandra Liebenberg reviews the the three leading judgments of the Constitutional Court on socio-economic rights: Soobramoney, Grootboom, and Minister oj Health v TAC. The paper also seeks to identify key areas where the jurisprudence can be developed to make it more responsive to the needs of the poor.