Assessing the Right to Dignity in South Africa

Issued by Shanees Nkandu on behalf of the FW de Klerk Foundation:

Introduction

The FW de Klerk Foundation’s Human Rights Report Card, 2024 recently examined the health of the various fundamental rights entrenched in the South African Constitution. Section 10 of the Constitution entrenches the right to dignity, acknowledging everyone’s “value and worth” as members of society. This article will examine some of the recent developments affecting the full enjoyment of this right.

Urgent City Housing

The Constitutional Court’s ruling in Charnelle Commando and Others v City of Cape Town and Another highlighted the adverse effects of urban gentrification on vulnerable communities. The case addressed the forced eviction of residents in Cape Town’s Woodstock area, emphasising that such dislocation inflicts serious harm on their dignity. Thus, there is a strong burden of justification on the state where its policies lead to the severance of people from their social and community networks. The Court ruled that the City’s policy of excluding emergency housing from the inner city was unreasonable and unconstitutional, because it failed to consider the impact of displacement on social and community networks.

Muslim Marriages Recognised

In a historic move, the Department of Home Affairs began issuing marriage certificates recognising Muslim marriages in October 2024. This milestone followed sustained advocacy and legal challenges, particularly in the Women’s Legal Centre Trust v President of the Republic of South Africa and Others case, where the Constitutional Court mandated legislative reforms to acknowledge Muslim marriages. This recognition ensures that Muslim couples are no longer compelled to register their unions under civil or customary law to gain legal recognition. The formal acknowledgment of these marriages is a significant step in affirming the dignity of South Africa’s Muslim community.

Schools

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Johannes Gerhardus Strijdom: {1954 – 1958} Strijdom was a key figure in the National Party and served
as Deputy Prime Minister before becoming Prime Minister. His role was integral to the implementation
of apartheid policies.