n Law, Democracy & Development - In the face of judicial deference : taking the "minimum core" of socio-economic rights to the local government sphere

Volume 19, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



The Constitution of the Republic of South Africa, 1996 (the Constitution) is transformative as it is committed to correcting the injustices of the country's past and to establishing a society based on democratic values, social justice and human rights. The Bill of Rights in the Constitution guarantees a variety of human rights as one of the mechanisms for realising the transformative objectives of the Constitution. These guarantees include traditional civil liberties as well as justiciable socio-economic rights. The latter seek to secure a basic quality of life for all members of society and afford entitlements to the material conditions required for human welfare. They include the rights of access to housing, healthcare services (including reproductive health care), sufficient food and water, social security and social assistance, further education, land on an equitable basis, and an environment that is not harmful to health and wellbeing.

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