JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 7(1) - 2003



Editorial 2003 (1)


This is the second issue of a special two-issue edition of Law, Democracy & Development featuring the papers that formed part of a research project on the implications of the socio-economic rights in the Constitution for social change in South Africa. For the full editorial introducing this special edition, ...




So much to do, so little done: The right of access to anti-retroviral drugs post-Grootboom

 De Vos, Pierre 

The article highlights the public health and social emergency facing South Africa due to the fact that an estimated six million of its 40 million citizens are HIV-positive. The state response to this crisis has been criticised from many quarters.

In the light of Minister oj Health v TAC...


The right to education: Lessons from Grootboom

 Seleoane, Mandla 

The author argues that the right to education is more strongly formulated in the Bill of Rights than the right to housing, which was at issue in the Grootboom case, so that policy implications for the right to education cannot be derived mechanically from the Grootboom judgment. Examining government...


Between availability and entitlement: The Constitution, Grootboom and the right to food

 Brand, Danie 

Danie Brand considers the application of certain of the principles enunciated in recent Constitutional Court jurisprudence on socio-economic rights to policies aimed at the realisation of the right to food. On the basis of a review of current policies, the author concludes that government's current response to food insecurity...


Realising the right of access to water: Pipe dream or watershed?

 De Visser, Jaap, Edward Cottle and Johann Mettler 

The article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share and internal cross-subsidies.

No additional funds are available for the provision...


Too little? Too late? The implications of the Grootboom case for state responses to child-headed households

 Sloth-Nielsen, Julia 

The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. Considering the scope of the state's obligation where the parents of children below the age of 18 are...


Tracking South Africa's progress on health care rights: Are we any closer to achieving the goal?

 Pillay, Karrisha 

The article examines the definition of health care services and proposes criteria that expand the concept beyond the narrow biomedical model to a holistic model. Discussing the Court's understanding of reasonableness in the Grootboom and TAC judgments, the author concludes that in addition to these general criteria, the concept...