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Essay / Essay on Transformative Constitutionalism - 1315
Dr. Alex Borraine once said, “I still believe that goodness and beauty, compassion and new beginnings can triumph over the evil that seems omnipresent.” » Archbishop Desmond Tutu is an incredibly controversial man, and that being said, his speech in Stellenbosch in August 2011 made headlines around the world. His speech focused on the fact that the white population, as beneficiaries of the apartheid system, should pay a "wealth tax". This has sparked heated debates within our country and is therefore the main topic that will be discussed in this essay. Specific reference will be made to transformative constitutionalism and whether this “wealth tax” would be constitutional in our country. The late Chief Justice Pius Langa wrote a report regarding the concept of transformative constitutionalism, his report refers to the definition of what transformative constitutionalism is to help understand such a broad subject and ultimately the challenges facing our country faces the challenge of creating a substantially egalitarian society. So, these challenges are about what South Africans as well as what government needs to correct in order to create an equal society and redress the injustices of the past. Chief Justice Pius Langa refers to the concept that transformative constitutionalism cannot have only one meaning and that "in keeping with the spirit of transformation that there is no single, stable understanding of the meaning of transformative constitutionalism . This is also seen in relation to Chief Justice Moseneke: "the meaning of transformation in legal terms is as highly contested as it is difficult to formulate", which shows that the theme of the transformation of a country and transformative constitutionalism as that the whole thing is... middle of paper ...... struggling or in some cases continuing to struggle if this tax was continuous. This tax aims to help the underprivileged and create equality within our country and with the help of this tax, our country would be on the right track to achieve this milestone. The Khulumani support group welcomed this “wealth tax” in a statement that outlines the fair steps that should be taken by government officials to implement this wealth tax. Their approaches are not only fair but also logical, wanting at least R2 billion over 5 years, therefore once distributed, providing R2 000 per month to the number of victims estimated at around 120 000. In conclusion, if this tax on fortune is made in a fair and logical way, then this would be an incredibly good solution to bridge the gap between the rich and the poor as well as to create a climate conducive to social reconciliation and real equality..