Ackermann J
which is not halted immediately when the initial causes thereof are eliminated, and unless remedied, may continue for a substantial time and even indefinitely. Like justice, equality delayed is equality denied.
[61]The need for such remedial or restitutionary measures has therefore been recognised in sections 8(2) and 9(3) of the interim and 1996 Constitutions respectively. One could refer to such equality as remedial or restitutionary equality. In addition, as was recognised in Hugo, treating people identically can sometimes result in inequality:
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