Grootboom: A paradigm of individual remedies versus reasonable programmes
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Date
2011
Authors
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