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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Facing the challenge of transformation: difficulties in the development of an indigenous jurisprudence of equality
Authors:Albertyn, CathiISNI
Goldblatt, BethISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
public law
equal opportunity
Abstract:The South African Constitutional Court has recently delivered several judgments on equality in which it has indicated that equality must be understood substantively rather than formally. The fact that substantive equality is the starting point in developing an equality jurisprudence in South Africa reflects the Court's commitment to a transformative project and to the creation of an indigenous jurisprudence of transformation. A commitment to substantive equality involves examining the context of an alleged rights violation and its relationship to systemic forms of domination within a society. This article engages critically with the Court's developing equality jurisprudence to assess the extent to which the conceptualization, interpretation and application of the right meets the lofty objectives of substantive equality. The authors explore the theoretical roots and content of substantive equality and use this theory as a basis for criticizing the Court's interpretation and application of the equality right in recent case law. Through this discussion they suggest changes to the Constitutional Court's equality test. Ann. (summary of equality cases), notes, ref.