The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe

• Main Author: N. Ndhlovu
• Format: Article
• Language: English
• Published: AOSIS 2015-12-01
• Series: Africa’s Public Service Delivery & Performance Review
• Subjects: Law enforcement; Courts; Judiciary; Socio-economic rights; Constitution; Zimbabwe
• Online Access: http://www.apsdpr.org/index.php/apsdpr/article/view/97

The aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. The paper discusses the role of the courts in the domestic framework for protecting socio-economic rights under the 2013 Constitution. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The paper further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law.