South Africa’s Journey from Socialism to Human Rights: The True Confessions of an Errant Socialist

Abstract

Abstract This article explores the possibilities and pitfalls of various methods of human rights advocacy in post-apartheid South Africa. It does so through following the personal journey of the author, first as a socialist in the anti-apartheid movement and later as a leading human rights activist in some of the most successful civil society organizations to emerge in the post-apartheid period. The journey begins in the pre-constitutional period in 1994 (the year South Africa had its first democratic election) and continues through to 2019. It examines the evolution of human rights practice, particularly in relation to access to treatment for HIV/AIDS and the realization of socioeconomic rights to health care services and basic education. It measures its achievements against the discourse of socialists, particularly their critique of using law, the courts and human rights in the quest for equality. It shows how South Africa has a long tradition of human rights activism that stretches back to the colonial and apartheid periods. However, making human rights justiciable in South Africa’s 1996 Constitution was a game-changer that has enabled tangible victories to be achieved through a combination of litigation and social mobilization. Despite this the author believes that this period of advance may now be reaching its limits and he argues that human rights practice now needs a much deeper consideration of its command over matters of economy and private (corporate) power if it is to retain its credibility in twenty-first century struggles for equality and social justice. The article ends with some suggestions about how this can be done.