Secondary Rules Mazibuko v City of Johannesburg
Oct 6, 2023
Dive into the landmark case that questioned the role of the judiciary in safeguarding socio-economic rights in South Africa. Explore the historical journey from apartheid to the drafting of the Constitution in 1996. Delve into the complexities of providing access to water, especially for residents in informal settlements. Unpack the government's legal strategies and challenges surrounding water rights. Finally, reflect on the ongoing struggle of marginalized communities and the balance between individuals' needs and government resources.
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South African Constitution's Transformative Goal
- The South African Constitution aims to transform the country's political and social institutions.
- It includes socio-economic rights, giving courts a role in their implementation.
Socio-Economic Rights in the South African Constitution
- The South African Constitution protects both civil/political and socio-economic rights.
- Socio-economic rights, like the right to water, are less common in other constitutions.
Positive vs. Negative Rights
- Socio-economic rights often involve positive obligations, requiring government action.
- This differs from negative rights, which restrict government actions.