In this pair of briefs, two of our legal researchers examine issues arising from the recent, controversial decision by the Constitutional Court relating to street-naming in Tshwane.

First, Piet Olivier argues that the Constitution’s cultural rights do not grant cultural communities a right to a particular street name. AfriForum’s argument to the contrary is therefore incorrect. In addition, South Africa’s cultural communities do not need such a right, as the Constitution contains sufficient safeguards to protect cultural autonomy and the democratic process of renaming streets. (Read More=http://hsf.org.za/resource-centre/hsf-briefs/street-names-and-cultural-rights)

Second, Matthew Kruger considers whether the Constitution recognises a ‘right based on a sense of belonging to the place where one lives, rooted in its particular history’. Whilst Piet in his brief suggests otherwise, Matthew argues that this right can be located in section 20 of the Constitution, that is, the right not to be deprived of citizenship. Perhaps contrary to AfriForum's intention, he argues that this right in fact imposes a positive duty on the state to rename certain streets. (Read More=http://hsf.org.za/resource-centre/hsf-briefs/the-right-to-a-sense-of-belonging-and-why-this-means-certain-streets-must-be-renamed)

 

Issued by Helen Suzman Foundation