This paper assesses the manner in which socio-economic rights have been incorporated into the constitutions of selected countries in the Southern African Development Community. This debate is particularly important because, in the last decade, there have been changes or attempted changes to constitutions in some member states of this sub-regional community. However, much of the comparative work on socio-economic rights in the region predates these changes and is therefore, largely, no longer relevant. Accordingly, the constitutions of South Africa, Zimbabwe, Zambia, Botswana and Lesotho are surveyed. It was found that the state of socio-economic rights in these countries could be divided into three categories: those that have constitutionalised socio-economic rights, those without socio-economic rights in their constitutions, and those that have socio-economic rights as directive principles of state policy. To understand the implications of these categories, an investigation was undertaken into whether a specific category undermines the enforcement, and subsequently, the realisation of these rights. The conclusion is that, if socio-economic rights are not entrenched constitutionally, it is difficult to realise these rights. While other options are available such as trying to realise socio-economic rights through the interdependence and indivisibility of human rights, the success of these approaches is very limited. Therefore, the exposition now, as it was then, is that states must take strides to protect these rights. This involves a concomitant responsibility to provide an enabling environment, free of limitations such as political interference and corruption, for the judicial enforcement of these rights. Zimbabwe is a clear example of how constitutional changes can facilitate an improved realisation of these rights. It is, however,
also a cautionary tale, via the Mushoriwa case, of how judges in interpreting socio-economic rights should keep in mind the states’ international, regional and sub-regional obligations in promoting and protecting these rights, to not reverse the gains of previous judgements.

Keywords: Socio-economic rights; Constitutionalisation; Regionalism; SADC; Justiciability; Enforcement; Realisation; Constitutional changes; Interdependence; Indivisibility.