The Long Legacy of Apartheid Geography and the Reach of the South African Constitution’s Equality Clause

Abstract This Article explores the reach of Section 9 of South Africa’s democratic Constitution which entrenches the right to equality before the law and equal protection and benefit of the law in the light of the long legacy of apartheid geography. It argues that the equality clause has had its most profound impact in relation to areas of the law where discrimination is embedded in legal rules, perhaps most notably in the field of family law, and that it has had less impact in addressing patterns of material inequality that run along racial lines but that are not directly furthered by legislation or legal rules. It identifies some of the reasons why the equality clause is less effective at addressing patterns of racial inequality that arise from social and economic practices.