Quote of the week

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.

Moseneke DCJ
Minister of Finance and Other v Van Heerden (CCT 63/03) [2004] ZACC 3
18 January 2010

Jaco Barnard-Naudé – A response to Prof Kader Asmal

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 […]


13 January 2010

Jaco Barnard-Naudé: Reparations for big business collusion with apartheid overdue

Angry appeals show true colours of business Published in Business Day on 13 January 2009 JACO BARNARD-NAUDÉ THE apartheid reparation […]


7 January 2020

Reasoned criticism of courts holds the judiciary accountable, questioning the integrity of judges does not

South African courts are likely to hand down several politically significant judgments in 2020. This will include cases involving Public […]


24 November 2015

Apartheid mentalities and the transformation of legal culture

By Jaco Barnard-Naudé The controversy sparked by attorney Richard Spoor’s recent remarks which boils down to ‘I basically only brief […]


23 October 2015

Statement by members of UCT Faculty of Law on the use of violence by SAPS

Statement by the Faculty of Law on the use of violence by SAPS 23 October 2015 The Faculty of Law […]


5 July 2012

Some platitudes on returning to South Africa

I arrived back yesterday after almost three weeks in Eastern Europe, where I remained blissfully unaware of the media-reported (and […]


15 June 2012

Announcing a guest blogger for the next two weeks

I am flying off to Eastern Europe this afternoon and will only be back on 4 July. I am embarking […]


24 November 2011

But let me acknowledge once more, loud and clear: I am an apartheid beneficiary. I am not proud of it. […]


19 January 2011

24 January in Cape Town: SA, Germany and the living Constitution

The Consulate General of the Federal Republic of Germany would like to draw the attention of the Cape Town legal […]


2015 Constitutionally Speaking | website created by Idea in a Forest