Redistributive justice: affirming section 9 of the constitution through the imposition of a wealth tax on apartheid beneficiaries

Malaza, Silindokuhle Noluthando

Redistributive justice: affirming section 9 of the constitution through the imposition of a wealth tax on apartheid beneficiaries

Master Thesis

2022

Abstract

In light of South Africa's scourge of poverty and inequality, this thesis problematises the government's rejection of the Truth and Reconciliation Commission's recommendation that a wealth tax be imposed on apartheid beneficiaries. The wealth tax recommendation was premised on the fact that apartheid-era discriminatory legislation not only deprived victims of apartheid of the opportunity to acquire skills but also forced victims to perform unskilled work at very low wagesin all sectors of the economy. Thus, the question that this study seeks to answer is whether the imposition of a wealth tax on apartheid beneficiaries is consistent with the spirit and the purport of section 9(2) of the Constitution and, as a consequence, furthers the achievement of substantive equality. The argument for the imposition of a wealth tax on apartheid beneficiaries is grounded in an understanding of inequality as a structural problem, as well as the application of redistributive justice principles and equality jurisprudence to South Africa's post-apartheid context. The thesis contends that the South African government's rejection of a wealth tax on apartheid beneficiaries has contributed to the exacerbation and perpetuation of inequality. In support of this contention, it is argued that the imposition of a wealth tax on apartheid beneficiaries would not only affirm section 9 of the Constitution but would bolster attempts at dismantling structural inequality.

Keywords

Constitutional and Administrative law

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