Beyond discrimination: Mahlangu and the use of intersectionality as a general theory of constitutional interpretation. Issue 2 (June 2021)

• Record Type: Journal Article
• Authors: Atrey, Shreya
• Is Part Of: International journal of discrimination and the law. Volume 21:Issue 2(2021)
• Page Start: 168
• Page End: 178
• Publication Date: 2021-06
• Subjects: Intersectionality -- intersectional discrimination -- constitutional interpretation -- Black women -- domestic workers; Discrimination -- Law and legislation -- Periodicals; 342.085
• DOI: 10.1177/13582291211015637
• Languages: English
• ISSNs: 1358-2291

Abstract

This case note explores the landmark decision of the South African Constitutional Court in Mahlangu and Another v. Minister of Labour and Others, which recognised intersectional discrimination under section 9(3) of the Constitution. It shows that the Court went beyond that in fact and recognised intersectionality not just as part of discrimination law, but also as part of general constitutional law, using it as a theory of constitutional interpretation in adjudication.