Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia
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Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Nelson R Mandela School of Law
Abstract
This paper assesses the manner in
which socio-economic rights have been
incorporated into the constitutions of
selected countries in the Southern African
Development Community. This debate
is particularly important because, in the
last decade, there have been changes
or attempted changes to constitutions
in some member states of this subregional community. However, much of the
comparative work on socio-economic rights
in the region predates these changes and
is therefore, largely, no longer relevant.
Accordingly, the constitutions of South
Africa, Zimbabwe, Zambia, Botswana
and Lesotho are surveyed. It was found
that the state of socio-economic rights
in these countries could be divided
into three categories: those that have
constitutionalised socio-economic rights,
those without socio-economic rights in their
constitutions, and those that have socioeconomic rights as directive principles of
state policy. To understand the implications
of these categories, an investigation
was undertaken into whether a specific
category undermines the enforcement, and
subsequently, the realisation of these rights.
Description
Keywords
Socio-economic rights, Constitutionalisation, Regionalism, Constitutional changes, Interdependence
Citation
Kondo, T. (2020). Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia. Speculum Juris, 34(3), 35-48