Extra-judicial engagement in socio-economic rights realisation: Lessons from #FeesMustFall

Abstract

Abstract Twenty-five years after the formal end of apartheid, the majority of South Africans still live in poverty, with the attainment of socio-economic rights remaining elusive. While some progress has been made, there is a clear need for new approaches to ensure that rights to housing, food and education are fulfilled in reality, and do not merely remain words in a well-written constitution. In this regard, one approach that holds great potential for expediting the realisation of socio-economic rights is extra-judicial engagement. Extra-judicial engagement here refers to participatory processes occurring outside of courts. However, there is a need to ensure that concerns about the quality of such engagement are addressed to strengthen its success in aiding the realisation of socio-economic rights. The #FeesMustFall movement is a practical attempt at extra-judicial engagement and can thus provide useful insights into the potential and challenges relating thereto.