Introduction: In a speech that Archbishop Desmond Tutu presented in 2011, he raised the issue that white South Africans should pay a special tax to symbolically serve to recognize and compensate for the benefits they enjoyed in the past, under the Apartheid system. In accordance with the Transformative Constitution and the South African Constitution, it would be unfair to put these taxes in place for white people to pay, as a policy of our government. The goal of this Constitution is to transform our country into a fair and non-prejudicial society. Implementing such a law would contradict what our Constitution is trying to achieve. We should ask ourselves whether or not this possible argument would be justifiable in order to repair our past and compensate for what black people have lost and what effects it would have on future generations of South Africa. What is Transformative Constitutionalism? Transformative Constitutionalism has many different interpretations and no single definition. To break it down and look at it simply, the Oxford English Dictionary is a reference source here. 'transform' means "to completely change the appearance or character of something, especially to make it better."¹So in this case, transformative constitutionalism means that the constitution must change its character for the better. To describe it collectively, the Constitution of South Africa has one goal for our country and that is to “heal the wounds of the past and guide us towards a better future”.² To further explain this concept, our past of inequality, conflict and injustice it must be understood and left behind by correcting our now known mistakes. This will then lead us towards a better future characterized by a fair and democratic society where... middle of paper... would be rather insignificant, perhaps 1% of their stock market holdings. It's nothing. But he could have helped… perhaps by building new houses, and this would have been an extraordinary symbol of their availability.”9Conclusion:In conclusion I do not agree with Archbishop Tutu's statement in his speech (Stellenbosch University, August 2011) that white South Africa should pay a special tax to recognize and compensate for the benefits they enjoyed during the apartheid era. As discussed above, it is unconstitutional to implement such a law as it constitutes unfair discrimination on the basis of race and color. Therefore the wealth tax should not be imposed on the white population of our country. We should instead use transformative constitutionalism to bring about changes for the better in the country and move away from inequality and discrimination..
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