19 Fla. J. Int'l L. 195 (2007)
Rights Waiting for Change: Socio-Economic Rights in the New South Africa

handle is hein.journals/fjil19 and id is 201 raw text is: RIGHTS WAITING FOR CHANGE: SOCIO-ECONOMIC
RIGHTS IN THE NEW SOUTH AFRICA
Cyrus E. Dugger*
I.     INTRODUCTION        .................................... 197
11.     THE CURRENT APPROACH OF THE
CONSTITUTIONAL COURT           ............................ 202
* Cyrus Dugger is a legal clerk for 2007-2008 for the Honorable Victoria A. Roberts in the
Eastern District of Michigan. Previous to his current position he served as the first Senior Fellow
in Civil Justice at the Drum Major Institute for Public Policy. Dugger is a graduate of NYU School
of Law where he was the 2005-2006 Arthur Garfield Hays Baldwin Civil Rights & Human Rights
Fellow, and where at graduation he received the BLAPA Public Interest Graduation Prize. While
in law school Dugger served as a legal intern at Make the Road by Walking, the Community Law
Centre, Center for Human Rights & Global Justice, the Center for Constitutional Rights, The
NAACP Legal Defense and Educational Fund, the New York State Defenders Association's
Immigrant Defense Project, and the ACLU's Human Rights Working Group.
This Article would not have been possible without the assistance of so many others. First and
foremost I would like to thank Sibonile Khoza, Project Co-Ordinator and Research Director for the
Community Law Centre. Without his mentorship, and without his friendship I would never have
come to write this Article or find my first love for the law in South Africa. I would also like to
thank the other members of the staff ofthe Socio-Economic Rights Project who were present during
my internship: Kevin lies, Christopher Mbaazire, and Annette Christmas. They showed an
incredible willingness to talk with me about every possible facet of socio-economic rights. Indeed,
the entire staff, most notably Sibonile Khoza, tolerated the endless questions of an overly enthused
American import with incredible patience, consideration, and good natured humor.
I would also like to thank Professor Philip Alston for his direct supervisory support in tackling
this complicated subject. Without his faith in my ability to take on such an immense project,
without two semesters of classes on socio-economic rights with him, and without his direct
criticisms of my work, this Article would not have been possible.
Similarly, I would like to thank my peers in Professor Alston's 2005 Advanced Human Rights
Seminar for their insightful critiques of my Article and ideas. Likewise, I would like to thank the
members of Professor Alston's 2006 Socio-Economic Rights class for their help in further
challenging my views and ideas about socio-economic rights.
Although they were not directly involved in the writing or conception of this Article, my
exposure to Smita Narula and Meg Satterthwaite through their Human Rights Clinic Seminar and
otherwise was also indispensable in shaping my views about socio-economic rights and their place
in the larger human right framework, and undoubtedly improved the quality of this Article.
Although space did not allow me to integrate a response to the critique of the Honorable Richard
Goldstone, I hope to address his criticisms in a subsequent paper, and would like to thank him
immensely for his critiques at the beginning and completion of this Article.
Lastly, but certainly not least importantly, I would like to thank my family, without whom I
would never have had the opportunities that have made my ideas and this Article possible.

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