The Constitutional Court's approach to equality

05 Feb 2019

The constitution takes a substantive rather than a formal approach to equality. At times it may be the very essence of equality to treat groups and individuals differently in order to accommodate their different needs and interests. The authors consider the meaning of s 9 of the 1996 Constitution in the context of South African constitutional equality jurisprudence. They highlight cases confirming that differentiation on grounds that affect a person's dignity as a human being is proscribed.