SOCIAL JUSTICE STUDY NOTES
CONCEPT OF SOCIAL JUSTICE, WHAT IT ENTAILS AND THE IMPORTANCE OF THE
CONCEPT
TOPIC 1: GENERAL INTRODUCTION TO SOCIAL JUSTICE
• Social justice is the view that everyone deserves economic, political and social
rights and opportunities.
• It requires fair treatment of all people in a society, including having respect for minorities
and equitable distribution of resources among members of the community
• Social justice can be summed up to mean equal rights and equitable opportunities
for all
SOUTH AFRICAN LEGISLATION
• The Constitution of the Republic of South Africa, 1996, gives express recognition
to a society that adheres to social justice.
• The preamble provides the following:
• We, the people of South Africa, recognize the injustices of our past; honour those who
suffered for justice and freedom in our land; Respect those who have worked to build
and develop our country; and believe that South Africa belongs to all who live in it, united
in our diversity.
• We therefore, through our freely elected representatives, adopt this Constitution as the
supreme law of the Republic so as to - Heal the divisions of the past and establish a
society based on democratic values, social justice and fundamental human rights; Lay
the foundations for a democratic and open society in which government is based on the
will of the people and every citizen is equally protected by law; Improve the quality of life
of all citizens and free the potential of each person; and Build a united and democratic
South Africa able to take its rightful place as a sovereign state in the family of nations.
The aspect of social justice is further seen in section 1 of the Constitution which sets out
the values upon which the Constitution is founded. These values include:
The Republic of South Africa is one, sovereign, democratic state founded on the following
values:
(a) Human dignity, the achievement of equality and the advancement of human rights
and freedoms.
(b) Non-racialism and non-sexism.
(c) Supremacy of the Constitution and the rule of law.
(d) Universal adult suffrage, a national common voter’s roll, regular elections and a multi-
party system of democratic government, to ensure accountability, responsiveness and
openness.
, However, no provision in the Constitution can be read in isolation and the Bill of Rights
is the cornerstone of a democracy. Therefore, to ensure social justice, cognisance must
be given to certain provisions in the Bill of Rights.
Section 9 of the Constitution provides for the following:
(1) Everyone is equal before the law and has the right to equal protection and benefit
from the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote
the achievement of equality, legislative and other measures designed to protect or
advance persons, or categories of persons, disadvantaged by unfair discrimination
Chapter 2 – Bill of Rights
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or
more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social
origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture,
language and birth.
(4 No person may unfairly discriminate directly or indirectly against anyone on one or
more grounds in terms of subsection (3). National legislation must be enacted to
prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless
it is established that the discrimination is fair.
It is, therefore, evident that the aspects of social justice as contained and discussed in the study
guide are concepts that the Constitution gives express recognition and protection to. The
provision of section 9, however, only applies in situations that amount to unfair discrimination.
It is important to remember that the rights contained within the Bill are not absolute and
without limitation or restriction.
Section 36 of the Constitution provides the basis on which certain rights can be limited.
Section 36 provides:
The rights in the Bill of Rights may be limited only in terms of law of general application to the
extent that the limitation is reasonable and justifiable in an open and democratic society based
on human dignity, equality and freedom, considering all relevant factors, including
(a) the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relation between the limitation and its purpose; and
(e) less restrictive means to achieve the purpose.
THE JUDGMENT IN GROOTBOOM (READ THROUGH)
Government of the Republic of South Africa and Others v Irene Grootboom and
Others is a landmark Constitutional Court judgment pertaining to one’s rights
contained within the Bill of Rights. Government of the Republic of South Africa and Others v
Irene Grootboom and
Others is a landmark Constitutional Court judgment pertaining to one’s rights
contained within the Bill of Rights.
CONCEPT OF SOCIAL JUSTICE, WHAT IT ENTAILS AND THE IMPORTANCE OF THE
CONCEPT
TOPIC 1: GENERAL INTRODUCTION TO SOCIAL JUSTICE
• Social justice is the view that everyone deserves economic, political and social
rights and opportunities.
• It requires fair treatment of all people in a society, including having respect for minorities
and equitable distribution of resources among members of the community
• Social justice can be summed up to mean equal rights and equitable opportunities
for all
SOUTH AFRICAN LEGISLATION
• The Constitution of the Republic of South Africa, 1996, gives express recognition
to a society that adheres to social justice.
• The preamble provides the following:
• We, the people of South Africa, recognize the injustices of our past; honour those who
suffered for justice and freedom in our land; Respect those who have worked to build
and develop our country; and believe that South Africa belongs to all who live in it, united
in our diversity.
• We therefore, through our freely elected representatives, adopt this Constitution as the
supreme law of the Republic so as to - Heal the divisions of the past and establish a
society based on democratic values, social justice and fundamental human rights; Lay
the foundations for a democratic and open society in which government is based on the
will of the people and every citizen is equally protected by law; Improve the quality of life
of all citizens and free the potential of each person; and Build a united and democratic
South Africa able to take its rightful place as a sovereign state in the family of nations.
The aspect of social justice is further seen in section 1 of the Constitution which sets out
the values upon which the Constitution is founded. These values include:
The Republic of South Africa is one, sovereign, democratic state founded on the following
values:
(a) Human dignity, the achievement of equality and the advancement of human rights
and freedoms.
(b) Non-racialism and non-sexism.
(c) Supremacy of the Constitution and the rule of law.
(d) Universal adult suffrage, a national common voter’s roll, regular elections and a multi-
party system of democratic government, to ensure accountability, responsiveness and
openness.
, However, no provision in the Constitution can be read in isolation and the Bill of Rights
is the cornerstone of a democracy. Therefore, to ensure social justice, cognisance must
be given to certain provisions in the Bill of Rights.
Section 9 of the Constitution provides for the following:
(1) Everyone is equal before the law and has the right to equal protection and benefit
from the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote
the achievement of equality, legislative and other measures designed to protect or
advance persons, or categories of persons, disadvantaged by unfair discrimination
Chapter 2 – Bill of Rights
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or
more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social
origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture,
language and birth.
(4 No person may unfairly discriminate directly or indirectly against anyone on one or
more grounds in terms of subsection (3). National legislation must be enacted to
prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless
it is established that the discrimination is fair.
It is, therefore, evident that the aspects of social justice as contained and discussed in the study
guide are concepts that the Constitution gives express recognition and protection to. The
provision of section 9, however, only applies in situations that amount to unfair discrimination.
It is important to remember that the rights contained within the Bill are not absolute and
without limitation or restriction.
Section 36 of the Constitution provides the basis on which certain rights can be limited.
Section 36 provides:
The rights in the Bill of Rights may be limited only in terms of law of general application to the
extent that the limitation is reasonable and justifiable in an open and democratic society based
on human dignity, equality and freedom, considering all relevant factors, including
(a) the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relation between the limitation and its purpose; and
(e) less restrictive means to achieve the purpose.
THE JUDGMENT IN GROOTBOOM (READ THROUGH)
Government of the Republic of South Africa and Others v Irene Grootboom and
Others is a landmark Constitutional Court judgment pertaining to one’s rights
contained within the Bill of Rights. Government of the Republic of South Africa and Others v
Irene Grootboom and
Others is a landmark Constitutional Court judgment pertaining to one’s rights
contained within the Bill of Rights.
