Abstract:
Gender justice as envisaged in the South African Constitution serves as a transformative
project intended to engender an inclusive society. The historical antecedent of the transformation
agenda created a situation which systematically excluded people particularly women from being
productive members of society. By means of the constitutional principle of substantive equality,
the court creates avenue to remedy the injustices of the past. Twenty-four years into democracy,
poverty and inequality remain persistent with women bearing the huge adverse impact. The
restrictions to economic empowerment faced by women are largely due to cultural practices and a
labour market that are insensitive to contributions made by women particularly at the household
level. Other exclusionary factors that inhibit the socio-economic development of the people
include race, gender and ethnicity. The interventions made so far with a view to eliminating
poverty and inequality in South Africa by way of substantive equality and affirmative action
unfortunately fall short of the desired goal. This article proposes the right to development as a tool
to promote and realise economic inclusivity. The Right to Development (RTD) is an appropriate
process of development that prioritises the human person and by implication the holistic approach
to eliminate poverty in South Africa.
