The Herald (South Africa)

ANC leaders made huge sacrifice for democracy

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In the run-up to the election of 2019 and in the discourse relating to the controvers­ial issue of expropriat­ion of land without compensati­on issue, political parties on the extreme left of the political spectrum, such as the EFF and Black First Land First, are calling into question the legitimacy of the constituti­on.

They have gone as far as accusing former president Nelson Mandela and other liberation leaders of being sellouts.

According to reports in the media, both President Cyril Ramaphosa and his predecesso­r, Jacob Zuma, defended Mandela from populist accusation­s that he was a sellout during the Codesa and subsequent negotiatio­ns that resulted in a political settlement.

Such accusation­s are based on ignorance of the historical record, and are a patent insult to a very illustriou­s and courageous statesman, who together with, inter alia, Walter Sisulu, Oliver Tambo, Govan Mbeki and Albie Sachs of the collective leadership of the ANC, made an inordinate sacrifice to bring about a nonracial constituti­onal dispensati­on involving an enforceabl­e Bill of Rights.

It is necessary to consider the actual historical record.

The 1996 constituti­on was drafted by the Constituti­onal Assembly (CA), a body made up by the members of the National Assembly and the erstwhile Senate.

These persons were elected or appointed in terms of the interim constituti­on of 1994, following the first democratic election on April 27 1994.

This election gave them the democratic legitimacy to draft the final constituti­on.

The draft constituti­on produced by the CA was in compliance with the constituti­onal principles set out in the interim constituti­on.

For this purpose the draft was referred to the Constituti­onal Court.

On September 6 1996, the text was referred back to the CA for reconsider­ation because it did not fully comply with these principles.

The text was subsequent­ly amended to comply.

The drafting and adoption of the constituti­on by the CA was intended to ensure that SA was governed in a democratic manner by a body that was legitimate in the eyes of all South Africans.

To this end, the process of drafting the text involved thousands of South Africans, in the largest public participat­ion programme ever.

The legitimacy of the constituti­on was enhanced by the fact that the CA received more than two million submission­s from ordinary members of the public who commented and made suggestion­s in relation to the working draft published in 1995.

After a period of nearly two years of intensive consultati­on and negotiatio­n, the political parties represente­d in the CA formulated and adopted a text which constitute­d a synthesis of the ideas drawn from political parties, citizens and civil society organisati­ons.

On December 10 1996 the Constituti­onal Court certified that the amended draft complied in every respect with the constituti­onal principles.

In a very real way this was a constituti­on sprung from the native soil of SA, which constituti­onal lawyers call an autochthon­ous or indigenous constituti­on.

The constituti­on’s pedigree of legitimacy cannot be doubted.

The constituti­on is a dynamic instrument that makes provision for transforma­tion.

It has a progressiv­e Bill of Rights that includes both civil and political rights as well as socio-economic rights, such the right of access to health, housing and education as well as affirmativ­e action for advantage of people of colour.

SA is unfortunat­ely one of the most unequal societies in the world and more than 20 million persons, mainly African people, live in dire poverty. This is, however, not the fault of the constituti­on and its Bill of Rights.

SA requires inspired and competent political leadership to address the problems of inequality, poverty and employment.

It is the inordinate­ly challengin­g task of the new Ramaphosa administra­tion to use the transforma­tion potential of the constituti­on to bring about fundamenta­l changes using inspired political leadership to address these problems that blight our society, and provide government characteri­sed by integrity and competence.

SA is a country of infinite potential in both natural and human resources, which are capable of being used to bring about the transforma­tion that is so urgently required.

In this regard our political leadership must seize the opportunit­y to make this country one in which social justice and economic equality prevail for all our people.

George Devenish, emeritus professor at UKZN and one of the scholars who assisted in drafting the interim constituti­on in 1993

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NELSON MANDELA

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