MOKGORO J
permanent residents. These arguments will be dealt with in detail later in this
judgment.
The approach to claims for socio-economic rights
[40]
The socio-economic rights in our Constitution are closely related to the
founding values of human dignity, equality and freedom.43 Yacoob J observed
in Government of the Republic of South Africa and Others v Grootboom and
Others that the proposition that rights are inter-related and are all equally
important, has immense human and practical significance in a society founded
on these values.46
[41]
In this case we are concerned with these intersecting rights which
reinforce one another at the point of intersection. The rights to life and dignity,
which are intertwined in our Constitution,44 are implicated in the claims made
by the applicants. This Court in Dawood said:
“Human dignity . . . informs constitutional adjudication and interpretation at a
range of levels. It is a value that informs the interpretation of many, possibly
all, other rights. . . . Section 10, however, makes it plain that dignity is not
only a value fundamental to our Constitution it is a justiciable and
enforceable right that must be respected and protected.
43
In many cases,
Section 1 of the Constitution states in the relevant part:
“The Republic of South Africa is one sovereign democratic state founded on the
following values:
(a) Human dignity, the achievement of equality and the advancement of human rights
and freedoms.”
46
2001 (1) SA 46 (CC); 2000 (11) BCLR 1169 (CC).
44
S v Makwanyane and Another 1995 (3) SA 391 (CC); 1995 (6) BCLR 665 (CC) at para 327.
27
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