Analysing the legality of the right to development in South Africa

Abstract

This doctoral dissertation undertakes a critical examination of the legal status of the right to development in the South African context. It engages with the core research question: What is the legality of the right to development in South Africa? The study situates this inquiry within a broader historical and theoretical milieu, tracing the evolution of the right to development through international human rights instruments and analysing its incorporation and recognition within domestic legal frameworks. Through a comprehensive analysis of constitutional provisions, statutory laws, and relevant case law, this thesis critically evaluates the formulation and practical enforcement of the right to development in South African. The thesis also considers the socio-economic realities facing marginalised communities and the implications of these realities for the realisation of the right to development. Employing a multidisciplinary approach, the thesis highlights the nexus between legal, political, and social factors that shape the practical application of the right to development. Ultimately, the findings reveal the complexities surrounding the legal recognition and enforceability of the right to development in South Africa, emphasising the need for enhanced legal recognition and implementation strategies to ensure equitable access to development opportunities for all citizens, especially the poor, vulnerable and marginalised. This thesis enriches the broader discourse on human rights and development, offering nuanced insights for policymakers, legal practitioners, and scholars through an interdisciplinary lens.