Editors’ Introduction: Law and Poverty Colloquium Special Edition

• Jurisdiction: South Africa
• Date: 16 August 2019
• Published date: 16 August 2019
• Pages: 443-445
• Author: Sandra Liebenberg
• Citation: (2011) 22 Stell LR 443

443

EDITORS’ INTRODUCTION: LAW AND

POVERTY COLLOQUIUM SPECIAL EDITION

According t o the Develop ment Indicators 2010, 49% of persons in South

Africa live below a poverty line of R524 per month (approximately 75 US

dollars per month).1 The ofcial unemployment rate i n South Africa was

in t he vicinity of 25% (excluding d iscouraged work-seekers) in 2010.2 Most

concerning is the unemployment rate of 51% for youth in the age group of

15–24 year s.3 About two thirds of all unemployed are below the age of 35

with signicantly h igher u nemployment rat es for black youth.4 To add to t his

mix, South Africa’s levels of income inequal ity are amongst the highest in the

world. According to the National Planni ng Commission’s re cently published

Diagnostic Overview,the “poorest 20% of the p opulation ear ns about 2.3

percent of national income, while the richest 20 perc ent ears about 70 percent

of the income”.5

And yet we have a Constitution6 which proclaims in its preamble that it was

adopted to so as “to heal the divisions of the past, and to establish a societ y

based on democratic values, social justice and f undamental human rights”. In

addition, t he Constitution aims to “improve the qualit y of life of all citizens

and free the p otential of each person”.7 How must a legal syst em which gains

its force and validit y from this Constitution r espond to the dire reality which

the few statistics above crudely sketch?

It is this fundamental quest ion which the Strategic Postgradu ate Research

and Outre ach Project of the Law Faculty at Stellenbosch University entitled,

Combating Poverty, Homele ssness and Socio-Economic Vulnerability Un der

the Constitut ion8has sought to gr apple with since its i nception in 2009. The

Project forms part of the “Hope Project” initiative of Stellenbosch University9

which seeks to s timulate socially relevant research ai med at addressing

the crucial political and developmental problems of South Af rica’s young

democracy within a broader African context. It is rooted i n the University’s

three core functions of t eaching and learning, research and com munity

interaction.

1 The Presid ency of the Rep ublic of South A frica Develo pment Indicat ors 2010 (2010) 23 <http://

www presidency gov za/MediaLib/D ownloads/Home/Publications/National PlanningCommission4/

Development%20Indicators2010 pdf> (accessed 27-11-2011)

2 20-21

3 National Plan ning Commis sion Diagnostic Overview (2011) 11

Downloads /Home/Tabs/Diag nostic/Diagn ostic%20Overv iewpd f> (accessed 28-11-2011)

4 11

5 9

6 Constitut ion of the Republic of South Af rica, 1996 (“the Con stitution”)

7 Preamble

8 The Law Faculty’s Projec t’s website is at (accessed 2 8-11-2011)

9 On the broade r University Hope Proje ct, see (acc essed 28-11-2011)

(2011) 22 Stell LR 443

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