Call to Review South Africa’s Laws – Quantifying Some Social Ills

This paper critiques the concept of ‘rights’ in South Africa, emphasizing persistent gaps in realizing and protecting these rights despite the transition to democracy in 1994 and adopting a progressive constitution, questioning full actualization of the rights in the constitution, amid ongoing social and political challenges. A scientific and analytical approach is used, reviewing legislative frameworks, policy documents, and case studies to evaluate the implementation and effectiveness of laws and policies. The impact of these measures on social issues is assessed, inducing capital punishment. Findings indicate that, despite modern legislation, there is a lack of accountability for high-profile criminals, particularly within the ruling party. Ambiguities and loopholes in current laws persist, and new legislation often restricts citizen participation. Deficiencies in addressing societal ills reveal a disconnect between policy intent and outcomes. It shows that South Africa’s legislative and policy frameworks have not consistently delivered tangible benefits to citizens. The paper concludes that comprehensive policy reform is necessary, recommending the replacement of nonactionable laws, revision of outdated policies, and adoption of pragmatic interventions. It advocates introducing capital punishment for severe crimes and the integration of rights education into the national curriculum for awareness and cultural change.

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Publication Details

Journal
Science of law.
Published
2025-05-26
DOI
https://doi.org/10.55284/es25s704
Primary Topic
Legal Issues in South Africa
Type
article
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article

Call to Review South Africa’s Laws – Quantifying Some Social Ills

Solly Matshonisa S Eeletse
Science of law.
Legal Issues in South Africa
article

Call to Review South Africa’s Laws – Quantifying Some Social Ills

Solly Matshonisa S Eeletse
article en

Abstract

This paper critiques the concept of ‘rights’ in South Africa, emphasizing persistent gaps in realizing and protecting these rights despite the transition to democracy in 1994 and adopting a progressive constitution, questioning full actualization of the rights in the constitution, amid ongoing social and political challenges. A scientific and analytical approach is used, reviewing legislative frameworks, policy documents, and case studies to evaluate the implementation and effectiveness of laws and policies. The impact of these measures on social issues is assessed, inducing capital punishment. Findings indicate that, despite modern legislation, there is a lack of accountability for high-profile criminals, particularly within the ruling party. Ambiguities and loopholes in current laws persist, and new legislation often restricts citizen participation. Deficiencies in addressing societal ills reveal a disconnect between policy intent and outcomes. It shows that South Africa’s legislative and policy frameworks have not consistently delivered tangible benefits to citizens. The paper concludes that comprehensive policy reform is necessary, recommending the replacement of nonactionable laws, revision of outdated policies, and adoption of pragmatic interventions. It advocates introducing capital punishment for severe crimes and the integration of rights education into the national curriculum for awareness and cultural change.

Science of law.Vol. 2025(1)
Sefako Makgatho Health Sciences University (ZA)
Openalex Percentile: Top 81%
Legal Issues in South Africa
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Call to Review South Africa’s Laws – Quantifying Some Social Ills — Solly Matshonisa S Eeletse · Science of law. (2025) | TGRS Research Map | TGRS