Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution

Abstract

The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. While socio-economic rights have been accorded justiciability by their express incorporation in the Bill of Rights, the courts are yet to enforce these rights in a manner that translates them into individual goods and services. The Constitutional Court approach to the enforcement of these rights has come into question particularly as the Court has rejected the concept of minimum core obligations and has failed to give the rights normative content.