A Defense of Structural Injunctive Remedies in South African Law


This Article argues that the use of structural injunction remedies by South African courts is appropriate, and, in light of demonstrated government inaction, often necessary in order to give meaning to the protection of socio-economic rights, which is mandated by their Constitution. The Article draws upon numerous United States judicial decisions where structural injunctions have been successfully implemented to address systemic institutional inaction and violations of the equal protection and due process clauses of the United States Constitution. In numerous instances, the South African government has not acted to effectively give meaning to the socio-economic rights which were broadly declared by the South African Constitution. Because of this demonstrated inaction, structural injunctions orders make sense for South Africa courts to provide on-going supervision and require compliance with Constitutional mandates. Structural injunction orders are one tool that courts should use to help ensure that the socio-economic rights intended by the Constitution are realized by all South Africans.


Civil Rights and Discrimination | Comparative and Foreign Law | Courts | Human Rights Law | International Law | Judges | Jurisdiction | Jurisprudence | Law and Society | Legal Remedies

Date of this Version

September 2006