Beyond discrimination: Mahlangu and the use of intersectionality as a general theory of constitutional interpretation
| Author | Shreya Atrey |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| DOI | http://doi.org/10.1177/13582291211015637 |
| Subject Matter | Cases, Legislation and Policy Development |
Cases, Legislation and Policy Development
Beyond discrimination:
Mahlangu and the use of
intersectionality as a
general theory of
constitutional
interpretation
Shreya Atrey
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.
Keywords
Intersectionality, intersectional discrimination, constitutional interpretation, Black
women, domestic workers
Introduction
Mahlangu and Another v. Minister of Labour and Others
1
was a challenge to the con-
stitutionality of section 1(xix)(v) of the Compensation for Occupational Injuries and
Bonavero Institute of Human Rights, University of Oxford, Oxford, UK
Corresponding author:
Shreya Atrey, Bonavero Institute of Human Rights, University of Oxford, Oxford OX13UA, UK.
Email: shreya.atrey@conted.ox.ac.uk
International Journalof
Discrimination and theLaw
2021, Vol. 21(2) 168–178
ªThe Author(s) 2021
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DOI: 10.1177/13582291211015637
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