The Judical Officer - Dec 07 - Joasa.org.za

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* between groups of individuals (Albertyn & Kentridge 1994:152-153; De
Waal et al 1999: 190-191; Van Reenen 1997: 153).
For example, formal equality is achieved if all children, including deaf children, are
educated according to the same school curriculum (De Waal et al 1999:190).
Both Albertyn & Kentridge (1994) and Van Reenen (1997) emphasize substantive substantive
equality in stead of formal equality.
8.1.2 Substantive Substantive equality
Substantive equality demands that the law must ensure equality equality of outcome for
individuals, taking into account these individuals’ circumstances. Why ? Because
substantive equality demands demands an analysis of the true economic and social disparities
* between individuals; and
* between groups of individuals (Albertyn & Kentridge 1994:152-153; De Waal et al
1999:190-191; Van Reenen 1997:153).
For example, substantive equality demands that the law must ensure equality of
outcome for individuals, but, if deaf children are educated according to the same school
curriculum as “normal” children (as according to formal equality), then it is
very likely that these deaf children are receiving an education which is inadequate for
their special needs (De Waal et al 1999:190).
The implication appears to be the following:
To realize the right of equality of these deaf children, it may be necessary to treat
these deaf children different than normal children (De Waal et al 1999:190).