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What South Africa’s constitution actually says about race and redress: Hermann Pretorius – Biznews | SA News

Hermann Pretorius
Rarely does public debate centre on the Founding Provisions of section 1 of the Constitution. This section has almost drifted into an ethereal category, treated as something poetical and introductory, alongside the Preamble, rather than binding law.

When policy debates enter the realm of values, it is always the Bill of Rights that becomes the first point of departure in normative and legal consideration. And as laudable and necessary as this often is, it misses the fact that South Africa’s fundamental statement of the social contract rests primarily on law that outranks even the Bill of Rights.

The reality is that section 1 of the Constitution, unlike the Preamble,…

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