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19 Law Democracy & Dev. 1 (2015)

handle is hein.journals/laacydev19 and id is 1 raw text is: 

In the face of

judicial deference:

Taking the
minimum core of


rights to the local

government sphere

Post-doctoral  Fellow    in   Local
Government Studies, Faculty of Law,
North-West University, Potchefstroom
Campus, South Africa

Professor of Law in the Faculty of Law,
North-West University, Potchefstroom
Campus, South Africa


The Constitution of the Republic of
South Africa, 1996 (the Constitution) is
transformative as it is committed to
correcting the injustices of the country's
past and to establishing a society based
on democratic values, social justice and
human rights.' The Bill of Rights in the
Constitution guarantees a variety of
human rights as one of the mechanisms
for   realising the   transformative
objectives of the Constitution.2 These

I See the Preamble to the the Constitution.
2 See, inter alia, Brand D Introduction to socio-
economic rights in the  South African
Constitution in Brand D & Heyns C (eds) Socio-
economic rights in South Africa (Pretoria:
Pretoria University Law Press 2005) at 12-20.

Page I 1

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