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

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(Please note that the following discussion from Albertyn & Kentridge is amended
from the interim Constitution to the final Constitution.) Albertyn & Kentridge (1994:172-
174) is of the opinion that section 9(2) acknowledges that remedial measures is
necessary for the achievement of equality. That is why affirmative action policies must
promote substantive equality.
Van Reenen (1997:154-156, 161-162) is of the opinion that this section 9(2) is
superfluous. Why ? Because Van Reenen is of the opinion that (a substantive
interpretation of) section 9(1) already provides for affirmative action.
8.2.3 Section 9(3) [“prohibition of unfair discrimination - vertical”]
Please note that the right to equality in section 8(2) of the interim Constitution, is
extended in section 9(3) of the final Constitution through the addition of the following
listed listed grounds grounds: grounds
(1) birth;
(2) marital status; and
(3) pregnancy.
Section 9(3) of the Constitution stipulates that the state state state state may NOT unfairly unfairly
unfairly
discriminate directly or indirectly against any person on one or more of the following
(listed) grounds:
(1) birth;
(2) marital status;
(3) pregnancy;
(4) race;
(5) gender;