The simple reason is that there is nothing in the constitution that prevents governments from addressing racism, poverty and inequality. The “barrier to change” that is most often mentioned is Section 25, the right to property. This is said to enable people who used force and law to deprive the majority of their land and wealth to keep their spoils. As we have seen over the past few years, Section 25 is said to prevent the state from expropriating land unless it compensates the owners .
But the property right is not unlimited. First, any rights guaranteed by the constitution can, Section 36 says, be limited by “a law of general application” that is “reasonable and justifiable in an open and democratic society based on dignity, freedom and equality”.
So, if a government wanted to override the property clause to address racial unfairness, the constitution already allows for that. This is why the debate over changing it to facilitate expropriation without compensation has been pure political theatre. All this allows judges to decide if a government can limit the rights of those who own property, and some who want change fear that judges don’t share their hopes. But we have no idea how judges would react if asked to make such a decision. As retired deputy chief justice Dikgang Moseneke often points out, there has been no case since 1994 in which the government has tried to redress poverty or inequality and has been prevented by the courts and their interpretation of the constitution.
Sisulu's attack on judiciary weakened her campaign for presidential candidate, she was joined by Yengeni who further lowered his gutts by supporting nonsense
If you’re corrupt blame everything
What she’s saying it’s honest truth.Zondo if the shoe fit you wear it nxaaaaa
She's fully right. Courts in South Africa are excively encroaching into policy matters.
Isn't the constitution supposed to guide us all?
Funny how Sisulu, who is the epitome of loving the luxurious and extravagent life she lives, is suddenly so concerned about the poor. While in a position of power, i.e minister of several different portfolios, she NEVER addressed the problems of her people.
China was able to build a hospital in a short space of time. Is it possible in SA, if not, why not? The answer lies in our constitution, people would just challenge the procurement processes in court, delaying the project for over 10 years
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Misguided according to who vele?
Been a failure from day 1.
Lindiwe for president
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Deepening a culture of accountability and honest, diligent criticism of failures is indispensable for a thriving society.
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