The Constitution rightly recognises the need to address the legacy of past discrimination. Section 9(2) permits measures designed to advance persons disadvantaged by unfair discrimination in order to promote equality.
However, the Constitution currently provides no requirement that such measures be periodically reviewed to determine whether they remain effective, necessary, and in the national interest.
Free SA believes that laws enacted to promote equality should be subject to regular evidence-based review to ensure they continue to advance opportunity, reduce poverty, and support economic growth for all South Africans.
Section 9(2) currently states:
“To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.”
Add the following sentence to Section 9(2):
“Any legislative or other measure adopted in terms of this subsection must be reviewed by Parliament at intervals not exceeding five years to determine its effectiveness, impact on equality, and impact on economic growth and employment.”
Key concerns
Free SA supports
Support a constitutional amendment that requires Parliament to regularly evaluate whether laws intended to advance equality are achieving their objectives.
Good policy should be reviewed, measured, and improved when necessary. South Africans deserve a constitutional framework that promotes both equality and prosperity.
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