Remedial or restitutionary equality are not in themselves a deviation from, or invasive of, the right to equality guaranteed by the Constitution. They are not “reverse discrimination” or “positive discrimination” … They are integral to the reach of our equality protection… Equality before the law protection in section 9(1) and measures to promote equality in section 9(2) are both necessary and mutually reinforcing but may sometimes serve distinguishable purposes.. However, what is clear is that our Constitution and in particular section 9 thereof, read as a whole, embraces for good reason a substantive conception of equality inclusive of measures to redress existing inequality. Absent a positive commitment progressively to eradicate socially constructed barriers to equality and to root out systematic or institutionalised under-privilege, the constitutional promise of equality before the law and its equal protection and benefit must, in the context of our country, ring hollow.
A response to Prof Asmal’s view on the reparations case Jaco Barnard-Naudé Prof Kader Asmal’s erudite opinion (avaliable here) on why the […]
Angry appeals show true colours of business Published in Business Day on 13 January 2009 JACO BARNARD-NAUDÉ THE apartheid reparation […]
South African courts are likely to hand down several politically significant judgments in 2020. This will include cases involving Public […]
By Jaco Barnard-Naudé The controversy sparked by attorney Richard Spoor’s recent remarks which boils down to ‘I basically only brief […]
Statement by the Faculty of Law on the use of violence by SAPS 23 October 2015 The Faculty of Law […]
But let me acknowledge once more, loud and clear: I am an apartheid beneficiary. I am not proud of it. […]
The Consulate General of the Federal Republic of Germany would like to draw the attention of the Cape Town legal […]