Acta Universitatis Danubius. Juridica, Vol 11, No 2 (2015)

The Right to Equality under South Africa’s Transformative Constitutionalism: A Myth or Reality?

Mashele Rapatsa


This article examines the notion of the right to equality, considerate of South Africa’s perspective of constitutional democracy which has embedded human rights philosophy at the bedrock of its redistributive justice. The article derives strength from Aristotelian view on equality, and examines how transformative constitutionalism envisioned advancing substantive equality with the view of restoring society’s sound social and economic relations. It has been observed that equality, in its formal or substantive form, will remain a distant dream owing to spiraling triple social challenges of unemployment, poverty and inequalities. These social problems have been given added impetus by pervasive trends of dualistic public-private services existing across all sectors of society. This public-private service is class-based, and largely perpetuates inequalities. Thus, South Africa’s legal normative framework, often globally commended, is yet to meaningfully infuse into social realities. 


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