Rédaction Africa Links 24 with Tamsin Metelerkamp
Published on 2024-03-20 19:05:42
Addressing poverty and inequality is crucial for the future and sustainability of South Africa’s democratic society. In the past 30 years, inequality in the country has worsened, with 25% of the population facing food poverty and nearly 50% living in poverty. This alarming situation was highlighted by Constitutional Court Justice Narandran Jody Kollapen during the 18th Annual Human Rights Lecture at Stellenbosch University. The lecture focused on “Realising Socioeconomic Rights in an Unequal Society.”
Justice Kollapen, known for his advocacy of human rights in South Africa, emphasized the collective responsibility of the country’s citizens to address the challenges of inequality and poverty. He stressed the need to build upon the existing foundations of democracy while recognizing the significant work that lies ahead. Reflecting on his career path, which includes roles in NGOs, civil society organizations, and the judiciary, Justice Kollapen serves as an inspiring example of commitment to human rights.
In his address, Justice Kollapen delved into the concept of pursuing substantive equality, highlighting the importance of not only providing services but also addressing the economic disparities that have persisted since apartheid. He noted that existing institutional arrangements could serve as barriers to equality and poverty eradication, as power imbalances and inequalities are perpetuated in these structures. He emphasized the need for a social pact to guide the country towards a more equal society.
The Constitution of South Africa embodies a substantive notion of equality, requiring a comprehensive approach to addressing inequality claims. Justice Kollapen emphasized the role of the courts in scrutinizing the root causes of inequality and the impact of such disparities on individuals and groups in society. He referenced a case where police resource allocation was found to discriminate based on race and poverty, illustrating the importance of addressing systemic inequalities.
While courts play a critical role in upholding constitutional principles, Justice Kollapen also emphasized the broader responsibility of government and society in achieving equality. Socioeconomic rights, enshrined in the Constitution, underscore the importance of improving the material conditions of life for all members of society. He called for a transformative jurisprudence that considers the diverse needs and rights of marginalized groups in society.
Looking ahead, Justice Kollapen emphasized the vital role of courts as the ultimate authority in ensuring compliance with the Constitution. Courts are expected to review policies, laws, and programs to uphold constitutional values and rights. While acknowledging the limits of judicial power, Justice Kollapen expressed confidence in the judiciary’s ability to promote transformation and equality within the confines of the law.
In conclusion, addressing poverty and inequality in South Africa requires a concerted effort from all sectors of society. Justice Kollapen’s insights underscored the complexities and challenges of achieving substantive equality and social justice in an unequal society. By embracing a holistic approach to socioeconomic rights and actively engaging with systemic inequalities, South Africa can work towards a more equitable and prosperous future for all.
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