ABSTRACT
South Africa (SA) is an unequal society due to varied reasons, including the legacy of apartheid, recent corruption, and maladministration of resources meant to advance the lives of the most indigent and needy people in the country. The transition to democracy in 1994 and the Constitution of 1996 created a catalyst for purposeful and focused efforts towards achieving legal change and social justice. The Constitution of SA, 1996, aspires and seeks to create a just society based on democratic values of human dignity, equality, social justice, and respect for fundamental human rights. The subsequent process of transforming the law created the need for innovative solutions to ensure that social justice becomes a reality. Yet, the political organs often failed to fulfil their constitutional duties, particularly the obligations to respect, protect, promote, and fulfil the rights included in Chapter 2 (the Bill of Rights) of the Constitution. In this context, the judiciary, especially the Constitutional Court (CC), played a pivotal role in holding the government accountable when it failed to fulfil its constitutional mandate. The Court’s jurisprudence allowed the most indigent people to approach the courts to hold those in power accountable and to protect their socio-economic rights. Through a jurisprudential and literature review, this chapter analyses the critical role played by this apex Court in protecting fundamental rights and ensuring the promotion of social justice.
