ABSTRACT

The object of this chapter is to provide some perspectives on law and social policies in South Africa over three critical political phases in the history of that country, ie, the Union of South Africa (1910 to 1961), Republic of South Africa (1961 to 1994), and post-apartheid Republic of South Africa (1994 to date). The overall aim is to debate the ideas underlying social rights and values in South Africa. To achieve these objectives, the paper first reviews the prevalent approaches to law and social policies by the Union of South Africa government and the pertinent social questions (eg, land question, race problem, and poor White problem) it sought to address. It then proceeds with an analysis of the laws and social policies promulgated during the Republic of South Africa period and their influence on the apartheid system and associated legacies. This section of the chapter is followed by a discussion on laws and social policies in the post-apartheid South Africa with a particular emphasis on the role of, inter alia, constitutional values, social rights, courts, and pertinent social security laws in shaping social policies in South Africa.