The application of socio-economic rights to private law
Date
2008-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
The constitution is explicitly committed to redressing and transforming socio-economic
exclusion and marginalisation. This is manifest, amongst other constitutional
provisions, in the entrenchment of a comprehensive range of socio-economic rights
read together with the provisions relating to substantive equality,1 land reform2 and
environmental rights.3 Moreover, the constitution contains a number of express provisions
signalling that the rights and values in the bill of rights are intended to apply
to private relations and to influence the development of the common law and
customary law. Sections 8(1)-(3) and 39(2) are the primary provisions governing the
application of the bill of rights to private parties.
In South Africa (as is the case in other societies based on a market economy)
powerful private actors such as landlords, banks, medical aid schemes, insurance companies and utility companies delivering public services such as water exercise
significant control over people’s access to socio-economic rights. Common-law
rules and institutions structure access to socio-economic resources in diverse areas
of contract law, property law, delict, family law and succession.
Description
CITATION: Liebenberg, S. 2008. The application of socio-economic rights to private law . Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2008(3):464-480.
The original publication is available at https://journals.co.za/content/journal/ju_tsar
The original publication is available at https://journals.co.za/content/journal/ju_tsar
Keywords
socio-economic rightshts -- South Africa, marginalisation -- South Africa, bill of rights -- South Africa
Citation
Liebenberg, S. 2008. The application of socio-economic rights to private law . Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2008(3):464-480.