Grootboom, the Right of Access to Housing and Substantive Equality as Contextual Fairness

ABSTRACT

This article explores the relationship between social and economic rights and the right to equality through an analysis of the decision in Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC). Arguing that the transformative vision of the 1996 South African Constitution is one that is committed to remedying social and economic inequality, the article explores how the right of access to housing and the right to equality are interrelated and mutually supportive in pursuit of this goal.