PICTURE: GALLO IMAGES South Africa’s Bill of Rights enshrines a number of socioeconomic rights. These are crucial for creating a more equal society and include the rights of access to healthcare services, sufficient food and water, social assistance and adequate housing. Their aim is to help everyone lead a dignified life.The Constitution enjoins government to act “reasonably” in ensuring that these rights are progressively realised. But the government has limited resources.The judiciary has emerged as a significant player in addressing whether these resources are being allocated in a fair and just manner that redresses South Africa’s inherited inequalities. Individuals or organisations call on the courts when they feel that their rights are not being met.When courts are asked to scrutinise the government’s budgets and spending priorities, difficult questions arise about whether the judiciary is interfering in the state’s work and obligations.Research I have conducted suggests that ...
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