South Africa: Constitutional Court a Beacon of Democracy

President Cyril Ramaphosa has used his weekly newsletter to call on all South Africans to “honour the proud history” of the Constitutional Court.

“This year marks 30 years since the court convened for the first time, marking a new, bold chapter of our democratic journey.

“The imperative for the establishment of a specialised constitutional court was a key facet of the multiparty negotiations that preceded the democratic transition,” the President said.

The court was established during a precarious time in South Africa where the country was in transition from apartheid towards a democratic order.

“Whilst some believed that existing structures such as the Supreme Court could perform this task, the African National Congress advocated for a new court that was untainted by the past.

“Just as drafters of the constitution itself drew heavily on the experiences of other countries – when considering the model of the court we looked to other jurisdictions for inspiration. One of these was Germany’s Federal Constitutional Court that was established in 1951.

“In this respect, this proud institution of our democracy is the product of constitutional solidarity. It draws on the wisdom and support of international partners, yet remains uniquely South African in its outlook, its orientation and values,” the President said.

Over the past 30 years, the court has made some far-reaching and landmark judgments including those related to prisoner voting rights and HIV/AIDS treatment.

“Yet its less well-known judgments that have had equally dramatic impact on matters such as upholding the rights of pensioners to not having their old age grants disrupted, the rights of smallholder farmers to not have their livestock impounded under colonial-era ordinances, the rights of women in customary marriages, and upholding the rights of rail commuters to safety,” he highlighted.

United in diversity

President Ramaphosa noted that the diverse composition of the bench of judges has “played an important role in shaping the court’s jurisprudence”.

“In 2007 former Chief Justice Pius Langa highlighted the centrality of judicial diversity, saying this was not confined solely to an appropriate racial or gender mix, but that a wide range of views and life experiences are represented.

“Judicial diversity, Justice Langa said, is likely to increase judicial dissent, and hence improve the quality of decisions,” he said.

The President highlighted that throughout its life, the court has delivered on its work “without fear or favour, not hesitating to hold even the most powerful in society to account” – ensuring public trust in the institution.

“An Ipsos poll released earlier this year found that most South Africans view democracy, human rights and the rule of law as universal values that all nations deserve and must aspire towards.

“The majority of respondents also believed that South Africa is a good example of a democracy, and has a responsibility to be a moral leader in the world. This confidence is a result of the abiding trust the public has in our Constitutional Court.

“As we celebrate this milestone, we should honour the proud history of the court by continuing to work together as all of society to realise the full promise of our Constitution,” President Ramaphosa concluded.

By SAnews.gov.za.