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 non-state actors.
1.2 Evaluate, by comparing these 2 jurisprudential theories that address non-state actors’ duties regarding ‘social justice',namely;
the individualist approach by Robert Nozick and Moderate African communitarianism by Kwame Gyekye, 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 South Africa, the moderate African communitarianism approach by Kwame Gyekye would be more effective in achieving social justice goals compared to the individualist approach by Robert Nozick. This is because moderate African communitarianism emphasizes the importance of community and collective responsibilities in achieving social justice, which aligns with the commitment to improve the quality of life for everyone as stated in the Constitution.
Gyekye's theory focuses on the interconnectedness of individuals within a community and the collective obligations to ensure the well-being of all members. This aligns with the objectives of healing the divisions of the past, establishing a society based on democratic values, and improving the quality of life for all citizens as outlined in the Constitution. In contrast, Nozick's individualist approach prioritizes individual rights and minimal state intervention, which may not effectively address systemic injustices and inequalities in society.
Therefore, by emphasizing collective responsibilities and a sense of community, moderate African communitarianism is better suited to achieving the social justice aims expressed in the Grootboom case and the Constitution of South Africa.