A Critical race feminist perspective on Section 217 of the Constitution
type: CreativeWork
description: Section 217 of the Constitution of South Africa regulates the procurement of goods and or services by any organ of state. Similarly, this section mandates state-owned institutions to adhere to a procurement system that promotes groups that were previously disadvantaged by past colonial and apartheid regimes. In this dissertation I argue that due to South Africa’s oppressive culture, the law has been ineffective in promoting the socio economic interests of black women due to race, gender and class subjugation. Firstly, central to my argument is the judiciary’s traditional role that is still steeped in an interpretative process of the law that is detrimental to the transformative spirit of the Constitution. In identifying the South African judiciary system as positivistic in nature I will critically analyse the Sonke Gender Justice Network v Malema hate speech court case. I posit that the Equality Court’s decision was mainly result based and as a result fell short of addressing the core issues affecting black women on the basis of race, gender and class which mirror the substantial part of the South African socio economic structure. Secondly, in support of my argument, I criticise a legislative framework that perpetuates socio economic disparities at the expense of a group in society it claims to protect. Whilst I will rely on American Legal Realism and Critical Legal Studies in support of my arguments, my main theoretical approach will be based on Critical Race Feminism. Lastly, intersectionality will be used in contextualising the interrelationships of race, gender and class as they impact on black women’s material circumstances in the regulatory legislative public procurement process. When the Constitution came into effect in 1994 South Africa became an egalitarian state. Nevertheless, the country is struggling with the prevalence of unemployment, poverty, HIV/Aids, skills shortages, male violence including rape, to name just a few. These social ills pose a threat …
abstract: Section 217 of the Constitution of South Africa regulates the procurement of goods and or services by any organ of state. Similarly, this section mandates state-owned institutions to adhere to a procurement system that promotes groups that were previously disadvantaged by past colonial and apartheid regimes. In this dissertation I argue that due to South Africa’s oppressive culture, the law has been ineffective in promoting the socio economic interests of black women due to race, gender and class subjugation. Firstly, central to my argument is the judiciary’s traditional role that is still steeped in an interpretative process of the law that is detrimental to the transformative spirit of the Constitution. In identifying the South African judiciary system as positivistic in nature I will critically analyse the Sonke Gender Justice Network v Malema hate speech court case. I posit that the Equality Court’s decision was mainly result based and as a result fell short of addressing the core issues affecting black women on the basis of race, gender and class which mirror the substantial part of the South African socio economic structure. Secondly, in support of my argument, I criticise a legislative framework that perpetuates socio economic disparities at the expense of a group in society it claims to protect. Whilst I will rely on American Legal Realism and Critical Legal Studies in support of my arguments, my main theoretical approach will be based on Critical Race Feminism. Lastly, intersectionality will be used in contextualising the interrelationships of race, gender and class as they impact on black women’s material circumstances in the regulatory legislative public procurement process. When the Constitution came into effect in 1994 South Africa became an egalitarian state. Nevertheless, the country is struggling with the prevalence of unemployment, poverty, HIV/Aids, skills shortages, male violence including rape, to name just a few. These social ills pose a threat …
language: en
keywords: Section 217 of the Constitution of South Africa, Procurement of goods, Procurement of services, Socio economic interests, South African socio economic structure, UCTD
date published: 2013
date modified: 2026-07-24T03:52:18Z
provider: University of Pretoria
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Pretoria

PropertyValue
property ID: Handle
value: http://hdl.handle.net/2263/36789