LJU4801 Assignment 2 Due 24 March 2024

1. Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’
for its transformative agenda. Discuss his motivation for this view as well
as what according to him is the ‘Achilles heel’ of this agenda.

Transformative Constitutionalism in South Africa aims to change society from one
where discrimination and inequality based on race, sex, and color are deeply rooted,
to a new society based on equality, democracy, social justice, dignity, and freedom.
The South African Constitution is built on values like human dignity, non-racialism, and
non-sexism.

However, even though South Africa has been a constitutional democracy for eighteen
years, it still faces problems like racial discrimination, poverty, and inequality.

The main goal of Transformative Constitutionalism is to create real equality in the
country. This means understanding and addressing the deep-seated domination and
inequality. It involves looking at individuals in their social and economic context,
especially how inequality affects vulnerable groups, and taking steps to help those
who are disadvantaged.

Substantive equality is not only a right in the constitution but also a value that South
Africa aims to achieve. Section 9 of the constitution emphasizes achieving real
equality, not just formal equality. This includes ensuring equal rights and opportunities
for everyone, and implementing measures like affirmative action to address past
discrimination.