Grootboom: A paradigm of individual remedies versus reasonable programmes

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Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Southern African Public Law

Abstract

The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world over. If it were possible to assess the case in terms of new music releases, one would say that the 'Grootboom album' became an instant hit on the top of all music charts. The case instantly established itself as a landmark, signifying the undeniable justiciability of economic and social rights (socio-economic rights). Thus, the case became a promise that the lives of South Africans living in crisis-like situations would be changed for the better. The Court's reasonable programme review approach instantly became the litmus test with which to determine whether government has discharged its obligations to realise the various constitutionally protected economic, socio-economic rights.

Description

Keywords

Grootboom case, Individual remedies, Reasonable programmes, Constitutional Court, South Africa

Citation

Mbazira, C. (2011). 'Grootboom: A paradigm of individual remedies versus reasonable programmes'. Southern African Public Law, 26(1): 60 - 80