The enforcement of socio-economic rights

Abstract

The purpose of this article is to explore the role that courts can play in ensuring proper implementation of both the terms of social security legislation as well as the implementation of court orders. Although it may appear that our proposals are limited to specific problems relating to non-compliance with Eastern Cape welfare judgments, there is no reason for limiting our proposals to this province's judgments. We propose that the solution suggested herein should be utilised where there is flagrant disregard of court orders by state officials.