ABSTRACT
Many constitutions that enshrine socio-economic rights (SER) link them textually with a statement of democratic principles. Social transformation, in particular, refers to 'the altering of structured inequalities and power relations in society in ways that reduce the weight of morally irrelevant circumstances such as socio-economic status/class, gender, and race, religion or social orientation'. The linkages between SER and democracy suggest that countries that have enshrined SER in their constitutions must turn their attention to the question of identifying and redressing any democratic deficits in the SER enforcement process itself. South African courts quickly observed that meaningful engagement and similar processes can occur at several different stages of SER enforcement. Olivia Road is the landmark example of the use of meaningful engagement to democratize the process of devising and shaping remedies. In contrast to Olivia Road, an attempt by the Constitutional Court to democratize the remedy formulation process in Mamba v. Minister of Social Development proved futile.
