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Reply - Karthy Govender 263
conscious choice. The legislature must now determine the broader
question of how to regulate life partnerships as an institution existing
independent of marriage.
4 Conclusion
As fascinating as the development of the equality jurisprudence has
been thus far, it promises so much more. With judicial acceptance
that the notion of substantive equality embraces a more egalitarian
form of redistributive justice coupled with the developing
jurisprudence on socio-economic rights, the stage is set for greater
assertiveness on the part of the poor and marginalised to challenge
and rectify measures that continue to oppress them. The Court in Van
Heerden has signaled that the courts are an effective and viable
forum within which to exercise the rights of the poor to meaningful
participation in our democracy and to ensure effective delivery by the
developmental state.