Social Justice? Book 2: Constitutional Crossroads: Rethinking B-BBEE and Racial Equality in South Africa
Legal and policy arguments at South Africa’s constitutional crossroads

This book looks at South Africa’s equality laws from a constitutional perspective and asks a direct question: does the current B-BBEE framework still fit the promises of the Equality Clause in Section 9 of the Constitution?

Rather than starting from ideology, it starts from the text of the Constitution, important court decisions and the structure of existing empowerment legislation. It then tests how race-based preferences and exclusion operate in practice, and whether they can still be justified under the legal tests South African courts have developed.

Inside, you will find:

• An accessible explanation of the Equality Clause and how courts decide when discrimination is unfair
• A discussion of how B-BBEE and related laws classify people by race and what this means for constitutional rights
• Examples of where policy intent and legal outcomes may be drifting apart
• Structured legal and policy arguments for reforming the current framework rather than abandoning equality altogether

It is written for readers who want to follow the constitutional reasoning without getting lost in technical case law, and for anyone—inside or outside South Africa—who wants to understand how “social justice” is being argued in the courts as well as in politics.

Where to buy

At the moment, this title is only available through Amazon Kindle.