The implementation of court orders in respect of socio-economic rights in South Africa

[摘要] ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and theabject poverty experienced by many, the people of South Africa adopted aConstitution fully committed to protecting socio-economic rights and advancingsocial justice. Apartheid constituted a violation of every internationallyrecognised human right. Seen in this light the emphasis on socio-economicrights in the new South African Constitution represents a commitment toguarantee to everyone in society a certain minimum standard of living belowwhich they will not be allowed to fall.As the Constitution recognises socio-economic rights as justiciable rights, theycan be of assistance to those who are unable to support themselves whenchallenging the state for the non-delivery of basic services. The duty to deliverthe services lies first with the state and the court becomes involved only once itis alleged that the state has failed to fulfil its duty.The primary purpose of the study is aimed at determining the effectiveness ofthe South African Human Rights Commission in monitoring court orders inrespect of the implementation of socio-economic rights. Non-GovernmentalOrganisations, involved in the promotion and protection of human rightsincluding socio-economic rights, cannot be left out of the process.It is argued that where the Courts issue structural interdicts, which have of latebeen used by them, albeit not enough in the context of socio-economic rights,they are responsible for the implementation of such orders. It is also argued thatthe South African Human Rights Commission and NGOs must be enjoined toensure that court orders are better implemented. Court orders in respect ofsocio-economic rights in almost all the cases to date were neither implementednor monitored adequately.

[发布机构] Stellenbosch University