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- Title
Transformation in the Judiciary from a Disability Perspective.
- Authors
Nsimbini, N. T.; Matotoka, M. D.
- Abstract
The South African judiciary has been in the spotlight in recent years due to its slow pace to reflect broadly the racial and gender composition of South Africa as required by section 174(2) of the Constitution of the Republic of South Africa, 1996. While the paucity of women in the judiciary is critical with regard to women's emancipation, issues of disability have taken a backseat. A restrictive interpretation of section 174(2) of the Constitution has the effect of excluding persons with disabilities from representation within the judiciary. Notwithstanding this interpretation, the failure to understand how the Constitution and conventions place a duty to promote and advance persons with disabilities is a serious injustice and contrary to the spirit of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA). It is vital that persons with disabilities are properly represented in the judiciary so that their unique perspectives can be properly articulated.
- Subjects
SOUTH Africa; DEMOGRAPHIC characteristics; JUSTICE administration; WOMEN'S rights; PEOPLE with disabilities; DISABILITIES
- Publication
Bangladesh e-Journal of Sociology, 2020, Vol 17, Issue 2, p181
- ISSN
1819-8465
- Publication type
Article