Abstract
The concept of social justice dates back to the 17th century. It is a broad concept encompassing, inter alia, full employment, elimination of discrimination, minimum wages, acceptable working conditions, provisions of health care services and the redistribution of wealth amongst society in a country.
Unemployment, low wages, insufficient income, insufficient income protection, poor working conditions, worker exploitation and illness result in poverty. The redistribution of wealth impacts all aspects of human dignity, equality, and freedom. It has significant impact on the overall wellbeing of society as it has direct and indirect implications on fundamental aspects of human rights such as, but not limited to, human dignity, access to housing, food, resources, education, and health.
History has shown us that a lack of state intervention in the provision, regulation and administration of social justice may have dire consequences for a country, irrespective of its status and wealth. In the absence of social assistance, people are forced to turn to violence and crime in order to survive.
The role that social justice plays in society as well as the impact that is has on maintaining and achieving peace amongst societies was recognised by world leaders after times of great depression and violence. The concept of social justice has, accordingly seen substantial universal development and application post war and economic depression. It is a concept that international bodies such as the AU, UN, ILO and SADC seeks to enforce on its member states.
Global organisations such as the UN and AU recognised the link between social justice and human dignity, these organisations recognised the need to promote, monitor and enforce social justice at an international level. It is therefore a concept that many countries are legally bound to honour and implement in accordance with a country’s means and abilities.
Organisations such as the AU and SADC echo the UN and ILO relating to the state’s role in implementing, administrating, monitoring and enforcing social justice. These organisations further acknowledge the role that social justice plays in achieving healthy societies which promote human well-being and human dignity by ensuring, inter alia, decent work for people. The SADC differentiates between social allowance,
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social assistance, social insurance, social protection, and social security. The various forms of social justice will be considered in this mini dissertation.
Social justice requires an interdisciplinary legislative system, labour is only one cog in the machine but an important cog, nonetheless. Majority of the people in society generate their income from work; therefore, country specific labour legislation must regulate the labour market to ensure that international standards are implemented, promoted, monitored, administered and achieved.
There are multiple role players in achieving social justice at country level; there are international organisations, national organisations, international instruments, regional instruments, the state, the employer, the employee, employer organisations, trade unions, the local executive and judiciary functions.
Social justice, broadly speaking, is a humanitarian principle but it does, however, still receive constant opposition and criticism. It unavoidably places a significant burden on a country’s fiscus and taxpayers. Globalisation brought with it increased economic competition and a regulated labour market impacts a country’s competitiveness in the international market. This has a ripple effect on investment in a country and economic growth which has a further ripple effect on inflation and unemployment. A balance has to be struck between regulating the labour market and enabling a country to remain competitive in the global market. Developing an interdisciplinary legal system that complies with international social justice obligations but at the same time allows economic growth requires innovate thinking; every country is different and therefore there will never be a one size fits all approach this topic.
South Africa has a history of unfair discrimination at state level but despite this, historically the people of South Africa have shown an inherent capability to recognise the need to take care and provide for one another. It will become apparent from this minor dissertation that South Africans, from all races and cultures, before South Africa became a democracy, created private organisations to provide minimum income and health benefits for those most in need. Notwithstanding this inherent compassion, South Africa, akin to other developing countries such as Brazil and India have seen extremely violent protests by the country’s inhabitants demanding social justice.
This minor dissertation attempts to approach social justice from a comparative legal perspective, focusing on the below research question:
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What role does labour legislation play in social justice in South Africa and similar developing countries? Is it something that needs state intervention? If state intervention is required, to what extent should the state be involved in the in the provision, administration, and regulation of social justice benefits in a country. How has South Africa succeeded and/or failed in the administration of social justice? Lastly are there any lessons for developing countries to learn from one another as well as from developed countries?