Socio-economic rights litigation in South Africa: An effective tool for social transformation?

A seminar organised by the South Africa Programme

A rapidly growing number of court cases regarding evictions, housing, access to health care, education and welfare, amongst others, confirm the justiciability of socio-economic rights in South Africa. But why does litigation as a strategy appear to be more successful in some socio-economic rights cases rather than others? And, to what extent can and should courts be expected to intervene in government policy-making? In exploring these questions the seminar presenter will conclude whether litigation can be regarded as an effective tool for social transformation.

*Danie Brand’s books include (Co-editor, with Sage Russel) Exploring the core content of socio-economic rights: South African and international perspectives (2002) and (Co-editor, with Christof Heyns) of Socio-economic rights in South Africa: International and constitutional law (forthcoming 2004) PULP: Pretoria. Journal articles include Minister of Health v Treatment Action Campaign: The right to have access to health care in the South African Constitution? (2004) 11 Tilburg Foreign Law Review. He is also co-editor of the journal SA Public Law.