that was hammered out in the political negotiations and the Court made significant
alterations.
26
But what is even more striking are the powers of the Constitutional Court to strike
down decisions and legislative enactments not only in the realm of civil and
political rights but also social and economic rights. These are judicial powers of a
broader character and with deeper implications that those enjoyed by the Supreme
Court of the United States. Among the principles that can be litigated in South
Africa are included the right to an environment that is not harmful to a persons
health or well-being;22 the right to adequate housing and the requirement that the
state must take reasonable legislative and other measures within its available
resources to achieve progressive realisation of this right;23 everyone has the right
to have access to health care services, including reproductive services and
sufficient food and water.24 Everyone has a constitutional right to a basic
education including adult basic education.25
27
Some of the decisions of the South African constitutional court have been bold. In
one famous decision the court invalidated a government policy on the treatment of
aids, requiring the government to provide the drug Nevirapine to pregnant women
that would prevent the mother-to-child transmission of HIV. The government
policy provided for trialing the drug but not general distribution.26 The court
ordered the Government to devise and implement within its available resources a
comprehensive and co-ordinated programme to realise progressively the rights of
pregnant women and their newborn children to have access of health services to
combat mother-to-child transmission of HIV and a number of other detailed
policy prescriptions. Another case invalidated government decisions on the
provision of housing for the homeless on the grounds that the measures were
inadequate.27 It ordered the State to meet the obligation imposed by the housing
22
Constitution of Republic of South Africa 1996, art 24.
23
Above n 22, art 26.
24
Above n 22, art 27.
25
Above n 22, art 29.
26
Minister of Health v Treatment Action Campaign and Others (1) 2002 (10) BCLR 1033.
27
Government of the Republic of South Africa and Others v Grootboom and Others 2000 (11)
BCLR 1169 (CC).
10