Appraising the constitutional commitments to accountable, responsive and open governance and to freeing the potential of all: A tribute to Dr Beyers Naude

Abstract

I will begin this lecture by reflecting on one of the most challenging days in the life of Dr Beyers Naude, a day upon which he was subjected to the exercise of public power in its most abusive and unrestrained form. I will then plot the remarkable journey that the law has travelled since 1994 and will describe the manner in which public power is now regulated. I will then blight the picture somewhat by discussing the dichotomy between the requirements of the law and the actual manner in which public power is exercised. Suggestions will be made as to how to bridge the gap and I will end, given Dr Naude’s commitment to a fairer society, with an assessment of the challenges that confront judges seeking to review governmental policy on the implementation of socio-economic rights.