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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The equality clause in the South African constitution: some remarks from a comparative perspective
Author:Loenen, TitiaISNI
Year:1997
Periodical:South African Journal on Human Rights
Volume:13
Issue:3
Pages:401-429
Language:English
Geographic term:South Africa
Subjects:constitutions
1996
equal opportunity
External link:https://doi.org/10.1080/02587203.1997.11834951
Abstract:This article highlights some of the dilemmas and problems the South African Constitutional Court is bound to face in interpreting and applying the equality clause, given experiences elsewhere (Europe, USA). In fact, in its first equality case, Brink v Kitshoff NO (1996), the Constitutional Court encountered several of these problems. The relevant subsections of the equality clause in section 9 of the final constitution are discussed, in particular the provisions regarding preferential treatment and indirect discrimination. The author argues that the Court's major decision will regard the question of whether to conceive of the concept of discrimination in a symmetrical or an asymmetrical way, and to translate this into a standard of review. Notes, ref.
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