carried out with a view to eradicating all social injustices. States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights. 85. In a sense, the main message from section 30(3) of the Constitution is that where there is an individual or a group seeking to enforce ‘equality of opportunity’ in section 30(2) of the Constitution, the claim must be assessed in the light of the existing inequalities and socio-economic circumstances of the individuals or groups asserting them. Thus, section 30(3) of the Constitution allows the assessment of equality claims in section 30(2) of the Constitution to be done in a substantive manner as opposed to a formalistic approach. 86. Last but not least, section 30(4) of the Constitution obliges the State to justify its policies in accordance with the tenets of the right to development. Whilst this provision gives the Courts an express constitutional authority to ask the Government to justify its policies by reference to the right to development, this Court agrees with the 2nd Defendant that the role of the Courts in that regard is not to create or dictate policies. The role of the Court is not to consider whether there are better policies which the State should adopt. 87. This Court is mindful that an invalidation of section 11 of the Pension Act will force employers to strictly comply with the mandatory requirements of Part V of the Pension Act. In an occupational pension scheme where there is direct correlation between pension and employment, any reduction in the demand for domestic workers will not have the suggested transformative effect on the lives of domestic workers, as argued by the 1st Claimant. Page 32 of 45