LPUB 4814 ASSIGNMENT

SIVUYILE MILISI
2017189487
April 2023

The Constitution of the Republic of South Africa, 1996 is one of the most progressive
constitutions in the world, especially with respect to the right to equality and dignity.
This essay will critically reflect on the right to equality in the Constitution of the
Republic of South Africa, 1996 and its relation with the right and value of dignity. The
essay will analyse three applicable cases and at least three academic sources to
support this analysis.
Right to Equality and Dignity in the Constitution of the Republic of South Africa, 1996
The Constitution of the Republic of South Africa, 1996 has a Bill of Rights that sets
out the rights of all people in the country. The right to equality is enshrined in section
9 of the Constitution, which states that "Everyone is equal before the law and has the
right to equal protection and benefit of the law." This right prohibits discrimination on
the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin,
colour, sexual orientation, age, disability, religion, conscience, belief, culture or
language.
The right to dignity is also enshrined in the Constitution, in section 10, which states
that "Everyone has inherent dignity and the right to have their dignity respected and
protected." This right is closely linked to the right to equality, as discrimination can
undermine a person's dignity. Therefore, the right to equality and the right to dignity
are interdependent and mutually reinforcing.

Applicable Cases:

1. Harksen v Lane NO and Others (1997)

The Harksen v Lane NO and Others (1997) case dealt with the right to
equality and the right to dignity in the context of property rights. The case
involved a challenge to the validity of a law that allowed the Minister of
Environmental Affairs and Tourism to grant exemptions from certain
provisions of the Marine Living Resources Act. The court held that the law
was unconstitutional because it allowed the Minister to grant exemptions
arbitrarily, which violated the right to equality. The court also held that the law
violated the right to dignity, as it undermined the integrity of the legal system.

2. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
(1999)
The National Coalition for Gay and Lesbian Equality v Minister of Home
Affairs (1999) case dealt with the right to equality and the right to dignity in the
context of sexual orientation. The case involved a challenge to the validity of a
law that prohibited same-sex marriage. The court held that the law was
unconstitutional because it violated the right to equality and the right to dignity
of gay and lesbian people. The court held that the right to equality included
the right to access the institution of marriage, and that the exclusion of same-
sex couples from this institution violated their dignity.

3. Khosa and Others v Minister of Social Development and Others (2004)

 The Khosa and Others v Minister of Social Development and Others (2004)
case dealt with the right to equality and the right to dignity in the context of
social security. The case involved a challenge to the validity of a law that
excluded permanent residents from accessing social security benefits. The
court held that the law was unconstitutional because it violated the right to
equality and the right to dignity of permanent residents. The court held that
the exclusion of permanent residents from social security benefits was
discriminatory and undermined their dignity.

Academic Sources:

1. Louwrens, L. C. (2013). The right to dignity in South African labour law.

Potchefstroom Electronic Law Journal, 16(4), 164-187.
This article discusses the right to dignity in the context of South African labour
law. The article argues that the right to dignity is central to the protection of
workers' rights, as it ensures that workers are treated with respect and are not
subject

Liebenberg, S. (2017). Socio-economic rights in South Africa: A resource for

practitioners. Legal Resources Centre.

O'Connell, B. (2013). The constitutional right to dignity in South Africa. Hart

Publishing.
BIBLIOGRAPHY

LOUWRENS LC
2013 The right to dignity in South African labour law. Potchefstroom
Electronic Law Journal, 16(4), 164-187.

LIEBENBERG S.
2017 Socio-economic rights in South Africa: A resource for
practitioners. Legal Resources Centre.

O’CONNEL B.
2013. The constitutional right to dignity in South Africa. Hart Publishing.

Harksen v Lane NO and Others [1997] ZACC 12; 1998 (1) SA 300 (CC); 1997
(11) BCLR 1489 (CC).

National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
[1999] ZACC 17; 2000 (2) SA 1 (CC); 2000 (1) BCLR 39 (CC).

Khosa and Others v Minister of Social Development and Others [2004] ZACC
11; 2004 (6) SA 505 (CC); 2004 (6) BCLR 569 (CC).