Authored By: Alusani Audrey Mbedzi
Stadio
Abstract
This article identifies the potential impact imposed on South Africas transformative constitutionalist objective and its economic growth because of the 2025 G20 summit additions. This article argues that the G20 summit addresses surface issues while simultaneously resolving underlying ones altogether. This being evident in the way that the G20 platform brings provisions for dual pressure mechanisms. This namely being the accessibility to external resources and leverage that advances the aid of socio-economic rights, a theme of transformative constitutionalism, and imposes a policy regulation that contradicts the extensive, redistributive directive of the South African Constitution. Common themes that will be seen in this article are those of interconnectedness of domestic policies, foreign direct investment, international commitments and so much more. The conclusion centering itself around the potential that the South African policy makers must align the global economic governance with visions of the forum to the obligations of the constitution. Using this to strengthen and not constrain the idea behind transformative constitutionalism.
Introduction
The G20 is known as a conference that aims to discuss and delegate initiatives set at creating international economic cooperation, highlighting global governance in the instance wherein national policy intertwines with international consensus. Uniquely speaking, South Africa finds itself as the one and only African country placed in the position of being a member amongst the G20. Their participation, however, moving against the motivation behind their domestic constitutional order founded on the idea of transformative constitutionalism, the principle of which is aimed to achieve substantive, socio-economic justice and dismantle apartheid’s effect on South Africa’s economy. The biggest question behind this article being: How impactful could the additions of the G20 summit be to South Africa’s underlying objective of economic growth and transformative constitutionalism? A question of which is important as far as the overview of the current legal status of the country is concerned as it challenges the progression of the durability of the progressive constitutional order within the confines of the neoliberal economic governance. This article aims to prove that the G20 has dual influence in South Africa, creating opportunities for growth, the fulfilment of rights all while threatening policy dilution. The analysis furthermore examines the intersections of policy and legal aspects between South Africa’s G20 participation and its constitutional mandates.
Transformative Constitutionalism in South Africa
Transformative Constitutionalism is considered a binding foundational mandate of the 1996 Constitution in South Africa. The Bill of Rights, Chater 2 of the Constitution, embeds the justified socio-economic rights in Sections 26, 27, and 29. As is interpreted I the cases such as Government of the Republic of South Africa v Grootboom, the rights stated within the sections brought the enforcement of obligations to the state for the purpose of taking reasonable legislative measures aimed at achieving progressive realization. This gives paramount capabilities to human dignity, social justice, and equality in an established legal frameworks.
The G20 as a site of soft law governance
The G20s governance is operational through soft law measures, declarations, peer review processes, and action plans. All of which may lack legal enforceability but play a meaningful role in shaping political conduct and influencing market behavior. Policy commitments undertaken in forums such as the G20 on matters relating to trade liberalization, fiscal discipline, investment protection, and sustainable development often generate a strong ‘compliance pull’, shaping domestic policy priorities. In the context of a middle-income economy such as South Africa, alignment with these norms is commonly regarded as a prerequisite for securing foreign investment.
Judicial Interpretation and policy alignment
While the G20 summit commitments have not been expressly judged against the Constitution, South African courts have not directly ruled on the capability of the G20 commitments constitutionally speaking. The judiciary’s enforcement of socio-economic rights provides a robust standard. Economic policies influenced by the G20 agendas are ultimately subject to fulfilling the constitutional requirement of reasonableness. An austerity policy emerging from a G20 context could be constitutionally contested if it unjustifiably produces retrogressive effects on healthcare and housing. This is seen in the Constitutional Courts approach to the Mazibuko v City of Johannesburg. The G20s operation therefore is conditioned to operate within a constitutional environment led by a judiciary that is assertive and protects rights.
Assisting Transformative Constitutionalism and Growth.
The G20 can assist South Africa’s transformative project by signaling and investor confidence, funding the transformative agenda and global advocacy platforms. Starting with signaling and investor confidence, effective participation in the G20 can work as an indicator of policy stability, and good governance thereby encouraging foreign investment. Such investment has the capability to contribute to economic growth, expanded tax base, and finance constitutionally transformative initiatives. Funding the transformative agenda through initiatives such as ‘Compact with Africa,’ and enhanced support for multilateral development finance. These resources furthermore enabling the government to advance public services, promote job creation and expand infrastructure, thus supporting the realization and stimulation of economic development. Global advocacy as far as South Africa’s concerned, speaks on the country’s engagement in the G20 as a platform to see the influence of a more equitable global financial order, mobilized climate finance, advocate for debt relief for developing countries. Progression in these areas would enhance fiscal capacities for socio-economic transformation.
South Africa’s Transformative Constitutional agenda may be constrained by the G20s overall emphasis on fiscal consolidation by limiting its redistributive policy space. This imbalance leaves risks subjecting South Africa to global economic integration constraints without subsequent benefits particularly in the instance where growth metrics are prioritized over substantive justice1.
The G20 can however be constructively engaged, as was seen in South Africa’s Just Energy Transition Partnership. For a more constructive result to occur, a two-pronged solution could be devised. Going into the specifics, the G20 related policies could be vividly justified through the ideology of South Africa’s constitutional mandates. Internationally, South Africa should encourage the rules that enable developmental policy space, enhanced Parliamentary oversights of the G20 commitments, supported by effective use of G20 peer reviews. Additionally, a strategy of targeted decoupling that ensures the security of investment without undermining the transformative capacity5.
The G20’s influence is complex in nature. However, it finds itself offering opportunities for resource economic growth and mobilization while simultaneously posing risk to the country’s transformative constitutional goals. The impact is not directly imposed but it assists in the underlying socio-economic issues, coupled with the aids South Africa has added to bridge the gap between the previously disadvantaged diaspora.
Bibliography
- ( The Constitution of the Republic of South Africa, 1996)
- Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC).
- Mazibuko v City of Johannesburg 2010 (4) SA 1 (CC).
- Karl E. Klare, Legal Culture and Transformative Constitutionalism, 14 S. AFR. J. ON HUM. RTS. 146 (1998).
- G20 Leaders’ Declaration, New Delhi Summit, 2023.
- South African Government, Framework for the Just Energy Transition Investment Plan (JET-IP), 2022.
- World Bank, South Africa Economic Update, 2023.
- Rolf H. Weber, The G20: A Threat to Democratic Accountability?, 10 EUR. J. L. REFORM 321 (2008).
- Official Website of the G20, What is the G20, https://www.g20.org/en/about-g20/ accessed 25 March 2025.
