The following journal entry is based on chapters 6 and 7 in Bilchitz et al.
Read the following quotations:
“The people of South Africa are committed to the attainment of social justice and the improvement of the quality of life for everyone. The Preamble to our Constitution records this commitment......This case grapples with the realisation of these aspirations for it concerns the State’s constitutional obligations in relation to housing: a constitutional issue of fundamental importance to the development of South Africa’s new constitutional order”.
[Paragraph 1 of the judgment of Yacoob J in GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS V GROOTBOOM AND OTHERS 2000 (11) BCLR 1169 (CC)]
CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996
Preamble
We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to—
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
1. Social justice commitments involving the just distribution of resources in society can be understood as imposing duties on (1) the state and possibly (2) non-state actors.
1.1 Evaluate, by comparing at least 2 jurisprudential theories that address the state’s duties regarding ‘social justice’, which of these jurisprudential theories, according to you, best attains the stated aims to achieve social justice in the first paragraph of the Grootboom case as well as in the Preamble of the Constitution. Motivate your opinion throughout. Your answer should be between 200-250 words in length. [5]
In the context of the Grootboom case and the Preamble of the Constitution of the Republic of South Africa, I believe that a jurisprudential theory that best attains the stated aims to achieve social justice is Rawls' theory of justice. Rawls argues for the principle of justice as fairness, which requires that society's institutions be arranged in a way that benefits the least advantaged members. This aligns with the commitment to improving the quality of life for all citizens, as stated in the Preamble.
Rawls also emphasizes the importance of equal basic rights and liberties for all individuals, which aligns with the goal of establishing a society based on democratic values and fundamental human rights. Additionally, Rawls' theory prioritizes the needs of the most marginalized in society, which is crucial in addressing historical injustices and healing the divisions of the past, as mentioned in the Preamble.
Furthermore, Rawls' theory promotes the idea of equal opportunity for all, which is essential in freeing the potential of each person, as outlined in the Preamble. By focusing on the fair distribution of resources and opportunities, Rawls' theory of justice provides a comprehensive framework for achieving social justice that is in line with the aims of the Grootboom case and the Constitution of South Africa.