20 years after the approval of the constitution, we need to put people first
ON SUNDAY South Africa observed 20 years since the approval of the constitution by the Constitutional Court as an official document promulgated by Nelson Mandela on December 18, 1996.
The Constitutional Court is the overarching arbiter dictum of constitutionalism.
In celebration, the Human Rights Institute of South Africa looks back at the milestone achievements of the document that transformed the political and legal landscape of the country, offering inclusive equality and individual rights as captured in Chapter 2 – such as freedom of movement, freedom of assembly, freedom of expression, freedom of association and justiciable economic and social rights. Most importantly, oversight Institutions, found in Chapter 9 of the constitution, are established to execute their constitutional mandate without fear, favour, prejudice or bias.
This offers the opportunity to reflect on the progressive steps made by these institutions in executing their constitutional obligations.
It’s important to recognise these institutions for the remarkable breakthroughs they achieved for the country. They inspire many African communities for performing their functions independently and in line with the Paris principles.
If we were to rate the performance of these institutions, the former public protector would rank No 1, followed by the Constitutional Court. Third position would go to the Independent Broadcasting Commission of South Africa, and in fourth place would be Independent Police Investigation Directorate.
The former public protector taught South Africans the true imperatives of Batho Pele (people first) values; she did not compromise the people and country over individuals who continue to validate corruption.
The Concourt judgment stated that the president was in breach of oath by failing to comply with her decision with regards to the Inkandla debacle. The auditor-general revealed what mismanagement of state funds meant for the poor and loss of billions in tender-preneurships handled at local government level.
It’s shocking that 80 percent of local municipalities had qualified audit reports. The IBCSA promoted freedom of expression and information guaranteed to citizens by interdicting the SABC from implementing a censorship policy preventing the public from viewing violent protests and making their own analysis of them.
The Independent Police Investigative Directorate (Ipid) fought a difficult battle of reprisals, unlawful transfers and arbitrary dismissals of officials for exercising their constitutional oversight mandate over police misconduct.
It’s sad that negativity has been cast on the noble work of these institutions when upholding the constitution without fear, especially in reporting and deciding on punitive measures for gross human rights violation – including corruption and breakdown of the rule of law.
When attaining democracy, South Africa took a principled commitment to address the injustice of the past, including economic imbalances and discrimination, and to open opportunities for the majority and change the human rights in the country experienced by the majority.
Sadly, the gap between haves and have-nots has increased. Most people in poor communities still live in deplorable conditions; sanitation, housing, food and employment are scarce.
We have informal settlements where groups of shack dwellers use one pit toilet. South Africa had committed to end pit toilets in informal settlements by 2007 and the mushrooming of shacks should have been addressed in 2015. These commitments remain unfulfilled as squalor, stench, and the bucket toilet system continue to be a way of life for millions.
These communities experience health hazards daily, as well as being subjected to taxi ranks with litter and a lack of clean and functioning rest rooms. This affects mostly women and children, making us deduce that the Nelson Mandela legacy is a flawed reality.
We are also concerned that the South African Human Rights Commission has been operating with one commissioner for the whole country since the departure of those whose terms had ended.
The government needs to imbibe the Batho Pele values and listen to people. We need to be a caring state that puts people’s needs before those of corrupt individuals.
We call on the president to accelerate the appointment of commissioners to serve on the South African Human Rights Commission. We also urge the state to respect decisions of Chapter 9 institutions while ensuring all are equal before the law. We also wish to remind the government that during apartheid, judges, lawyers, prosecutors and police were blamed for advancing the draconian apartheid system; our hard-earned democracy cannot afford to be associated with anything as cruel, inhuman and degrading as in the dark era of apartheid.
Nkolomba is the research and communications officer for the Human Rights Institute of South Africa