Some perspectives on the movement towards and the struggle for equality in our context

• Jurisdiction: South Africa
• Author: Justice Zak Yacoob
• Pages: 1-7
• Date: 23 May 2019
• Published date: 23 May 2019
• Citation: 2001 Acta Juridica 1

Some perspectives on the movement

towards and the struggle for equality in our

context

JUSTICE ZAK YACOOB*

Constitutional Court of South Africa

I INTRODUCTION

It was quite impossible to resist the opportunity to try to give some

key input into the process that will unfold here over the next two

days. The programme promises useful debate on issues of real signifi-

cance; vigorous and frank debate on the issues to be canvassed is es-

sential; the people who will attend are committed enough to be both

rigorous and creative; the exercise will not be limited to a mere the-

oretical discourse; the conference will undoubtedly make a contribu-

tion to the development of a workable future approach to the

attainment of meaningful equality for all. All these ingredients make

this an event of considerable importance. That someone thought that I

could put something worthwhile into this conference is an honour of

which I am very conscious. I hope that my remarks will set the stage

for positive deliberations in the days to come.

II EQUALITY AND THE CONSTITUTION

Equality is without doubt a foundational norm and an indispensable

element of our constitutional order. Its importance is underlined by

our brutal past during which gross and immoral unequal treatment of

human beings based particularly on race and gender was the order of

the day. Millions of people have been disadvantaged by past discrimi-

nation and many of these people irreparably so. It was clear to almost

all involved in the negotiating process that the achievement of equality

would necessitate extensive and fundamental reconstruction of our

society. It was in this context that the equality provision of our Con-

stitution was devised. It reads:

‘(1) Everyone is equal before the law and has the right to equal protection

and benefit of the law.

(2) Equality includes the full and equal enjoyment of all rights and

freedoms. To promote the achievement of equality, legislative and

other measures designed to protect or advance persons, or categories of

persons, disadvantaged by unfair discrimination may be taken.

(3) The state may not unfairly discriminate directly or indirectly against

anyone on one or more grounds, including race, gender, sex ,

* Judge of the Constitutional Court of South Africa.

1

2001 Acta Juridica 1

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