Radical transformation and a reading of the right to development in the South African constitutional order
Bibliographic Data
| ID | 11422226 |
|---|---|
| Authors | Carol Chi Ngang (0000-0001-7222-4693, University of the Free State, corresponding author) |
| Year | 2019 |
| Volume | 35 |
| Issue | 1 |
| Pages | 25-49 |
| Publication date | 2019-01-02 |
| Open Access | No |
| Type | ARTICLE |
| Venue | South African Journal on Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0258-7203 • E-ISSN: 1996-2126 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/02587203.2019.1586155 |
| OpenAlex | W2940557912 |
| Language | EN |
| Citations received | 2 |
In this article, I explore the quest for radical transformation in South Africa in relation to the constitutional promise to ‘[i]mprove the quality of life of all citizens and free the potential of each person’ and also in relation to the right to development guaranteed by the African Charter, which South Africa ratified in 1996. The preamble to the African Charter emphasises the need for states parties to ‘pay particular attention to the right to development’. In accordance with the obligation to ‘adopt legislative and other measures to give effect’ to the provisions of the Charter, South Africa commits, among others, to make the right to development a reality at the national level. It means that in formulating domestic laws and national development policies, South Africa is obligated to ensure that implementation of the right to development is effectively guaranteed. The Constitution of the Republic of South Africa, 1996, however, does not make mention of the right to development. The starting point for the discussion in this article obtains from the argument put forth by Gutto that the right to development is implied in the South African constitutional order. The question is whether, besides the continuum of human rights enshrined in the Constitution, the right to development could be of relevance in fulfilling the promise for radical transformation? In responding to this question, I illustrate that there is a legally recognised human right to development that, by its nature, constitutes a tool for policy-making and thus provides an effective model for radical transformation in South Africa
Constitution · Constitutional right · Economics · Human rights · Order (exchange · Political science · Reading (process · Right to development · Sociology · Transformation (genetics · Human Rights and Development · Law · Legal Issues in South Africa · Poverty, Education, and Child Welfare
| Citations per year | 0.4 |
|---|---|
| Citation span | 2021 - 2025 (5) |
| Highly cited | No |