South Africa’s apartheid history and Bill of Rights created a new social contract, which imposes a duty on the State to efficiently provide basic amenities.
 

Authors:

AC Diala & AE Akintayo
 

Summary:

In the context of South Africa’s apartheid and constitutional history, the fully justiciable socio-economic rights in its Bill of Rights created a new social contract between the State and the electorate. This contract imposes a duty on the State to efficiently provide basic amenities as the foundation for redressing historical economic inequalities. While the Constitution is praised for its justiciable socio-economic rights, its laudable promises have not materialised over 30 years after apartheid ended. Although many non-legal factors account for this situation, this article argues that lacklustre judicial review plays a huge role. Using content analysis of key Constitutional Court decisions on socio-economic rights, the article reveals how cultural assumptions about poverty manifest in legal rhetoric that defers unduly to the political branches of government. Judicial restraint and its accompanying legal rhetoric of poverty hamper the socio-economic revolution envisaged by the liberation struggle in South Africa.


Link to journal article