Abstract
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.
Highlights
The Constitution of the Republic of South Africa, 1996 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.[1]
Our interest in local government vis-à-vis the provincial and national legislatures and executives is triggered by three meaningful contextual factors: (a) the principle of subsidiarity as applicable in South Africa suggests that a minimum core for socio-economic rights may best be established in the local sphere; (b) the fact that since 1996 all municipalities in South Africa have a developmental character and extended functions that are inextricably linked to the delivery of socio-economic goods, such as, water, sanitation and electricity; and (c) the fact that only in the local government sphere is provision made for participatory strategic level planning for the socio-economic development of local communities
As part of the pursuit of the constitutional transformative objectives of the Constitution, this article advances an alternative perspective on the inception of the concept of a minimum core content for constitutional socio-economic rights in the South African context
Summary
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.[1]. See Fuo O “Constitutional basis for the enforcement of executive core obligation has become part of international law,[25] it may be necessary, where appropriate, for the courts as well as the other two branches of government responsible for the interpretation and implementation of constitutional socio-economic rights in South Africa to consider and implement the “minimum core obligation”.
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