Law and social change in South Africa: Centring the experiences of poor women

This article focuses on the complex relationship between socio-economic rights litigation and social change in the lives of poor women in South Africa. It centres the needs and experiences of women in the literature on using law to bring about social change and to explore how socio-economic rights litigation can better address the conditions of poverty, disadvantage and vulnerability to violence of women in South Africa. It examines the limits of what courts can do in bringing about social change, and the different impacts that litigation can have, despite its limits. Finally, the article illustrates how litigation can be conducted in a way that increases the likelihood of it resulting in social change in the lives of poor women. This includes consulting with women to ensure that their lived experiences form part of court papers, conducting research on the impact of lack of housing and basic services on women, and centring the context and experiences of poor Black women in characterising a case. Finally, I argue that remedies are vital to employ in better conducting socio-economic rights litigation, and that the implementation of orders should include the participation of women.