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The state is obliged to give effect firstly to access to the core or rudimentary rights encapsulated in section 26 and 27 of the South African Constitution, and secondly it may do so progressively through "reasonable legislative and other measures, within its available resources".
It would be impossible to furnish all those deserving with minimum core rights instantaneously, all that can be expected is that it must addess this issue on a progressive basis, for which a plan or strategy is obviously necessary.The state is therefore obliged to take reasonable measures on a progressive basis to eliminate or reduce the large areas of severe deprivation that are characteristic of South Africa.The justiciability of socio-economic matter is an acutely contentions jurisprudential issue in other countries as well.
However, the traditional distinction, according to which it is argued that only first generation rights, that place a passive or negative duty on the state, and thereby prevent the state from interference in the liberty of the individual, and not active or positive duties, requiring state support for the individual, is fallacious and therefore been legitimately impugned.
Tumisang PhashaLLB (University of Limpopo)LLM (University of Limpopo)South Africa.
A Candidate Attorney,Sekati Monyann ne Attorneys, Pretoria, South AfricaHlako ChomaLLM (Howard University) LLM (Georgetown University) Washington DC respectively.
Commissioner of Small Claims Court, Hlanganani and Thohoyandou Districts, South Africa
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