South Africa has a progressive Constitution based on the values of equality and dignity and, in many cases, a powerful framework of laws and policies detailing rights and obligations. And yet we continue to see devastating poverty and extreme wealth, hunger and opulence, collapsing health and education systems, and corruption in the private and public sectors. Are we doomed? By NIKKI STEIN and SASHA STEVENSON.
Discussion of the role of law in South Africa (and in particular the role of law in effecting social change) often starts with the lament, "South Africa has the best Constitution in the world, it has many good laws and policies, but because there is no proper implementation, our laws are worthless". And of course there is an element of truth in this statement. Law is ineffective in achieving social justice without implementation, without monitoring and enforcement, without watchdogs keeping an eye on those in power and calling them out when they fail to comply with their obligations.
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