South African Constitutional Court Of The Republic Of South Africa

2376 WordsMar 23, 201510 Pages
South Africa developed its constitution in 1996, the new constitution highlighted the country 's movement from an apartheid ridden and supremacist society to a seemingly fairer more diverse government. Many arguments regarding socio economic rights have aimed to disregard the notion that these rights are incapable of legal enforcement. The argument that socio economic rights cannot be judicially implemented because to define these rights may prove difficult arguably is fallacious. In this essay I will use selected cases by the South African Constitutional Court of the Republic of South Africa demonstrate that judicial enforcement of socio economic rights may not benefit the vulnerable in society as much as it appears to. In order to identify its success (or failure), we must first establish what is meant by the term 'vulnerable ' in society. It remains uncertain to determine in a clear expression as to what a vulnerable person or group is. In general, it is accepted that a vulnerable person is part of the populace, which is often subject to prejudice and discrimination and deemed to require special attention or help from governmental agencies in order to be protected against any mis-treatment. Such segregation or abuse could be in view of race, disability, sex or factors such as poverty and social class. The constitutional structure for social equality in South Africa allocates the judiciary an essential part in guaranteeing successful security and interpretation for

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