(In)equality and the South African Constitution

ABSTRACT

Does the South African Constitution constrain or empower government, courts and citizens in addressing systemic social and economic inequalities? This article argues that the Constitution is explicitly ‘transformative’, but is an enabling document, providing ‘scaffolding’ for political and legal activities. It is government, strong institutions and civil society that are ultimately responsible for securing its equality aspirations. Here the Constitution admits of different understandings of equality and different economic and social policy choices. This article identifies these contested meanings of equality and suggests that a liberal egalitarian/social democratic version is dominant in policy choices and the jurisprudence of the Constitutional Court. It illustrates this with reference to the Court’s jurisprudence on equality, and suggests that more radical and transformative interpretations remain possible. However, it concludes that we cannot escape politics, the need for good policy choices and effective implementation and enforcement.     

Elite Compacts in Africa: The Role of Area‐based Management in the New Governmentality of the Durban City‐region

Through reflection on the practical post‐apartheid (re)alignment of competing rationalities across the Greater Durban urban region, this essay teases out the interface between traditional and modern settlement management systems, and explores how governance cleavages are being renegotiated and mediated. It is suggested that, in building an integrated method of operating across the fragmented city‐regional scale and navigating the competing interests involved, the practice of African urbanism is being defined. Without making any claims for what may or may not be uniquely African city‐regional dynamics at the boundaries of tradition and modernity, what is clear from the Durban case is that both conventional city‐regional literature and new city‐regional ideas have glossed over the complexity of finding solutions to tensions between poor communities, urban managers, elected local authorities and the traditional rural elites of the functional city‐regions of Africa.     

Morbidity and mortality from road traffic crashes in children in Metro West,City of Cape Town – 2014

The road traffic crash injury burden significantly impacts the lives of South African children. This study aimed to assess the fatal and non-fatal pattern of road traffic crash injury of children under 13 years old from Metro West, City of Cape Town, from 1 January until 31 December 2014. The data were stratified by age, sex and mechanism of road traffic crash. The overall mortality rate was 8.7 per 100 000 population and pedestrians contributed the most to this burden (72.5%). There were more male children involved in a road traffic crash (p?=?0.0001). The greatest proportion of fatal and non-fatal road traffic crash injuries was observed in children aged 5–9 years. Fractures contributed to the greatest rate of years lived with disability (3.0 years of life lived with disability per 100 000). Our study found that the burden of road traffic crashes primarily affects male pedestrians aged 5–9 years old.