20 years of constitutional integrity for all

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THIS year marks the 20th anniversary since South Africa’s constitution was signed into law by Nelson Mandela on December 10, 1996 in Sharpeville near Vereeniging.

The location’s selection was profoundly symbolic, commemorative of the massacre in a peaceful protest against pass laws on March 21, 1960.

Of additional political significance, Vereeniging was the place where the historic peace treaty that ended the Anglo-Boer war, which wrought suffering to the Afrikaans people of the former Boer republics, was concluded.

The constitution had a gestation period dating, it is submitted, from February 2 when President FW de Klerk made his historic speech in Parliament announcing, inter alia, the unbanning of the liberation movements and the proposed release of Nelson Mandela.

Metaphorically, much water has flowed under the bridge in 20 years and there is much to celebrate.

South Africa is an inordinately improved country from what it was 20 years ago.

Our constitution of 1996, is considered to be one of the most enlightened in the world, and has brought political liberation and dignity to the people of South Africa.

It has also created a democratic system of government, operating with an entrenched Bill of Rights and rule of law.

In the past 20 years significant socio-economic improvements have occurred in relation to the provision of inter alia, housing, water supply, electricity, health and educational facilities to disadvantaged communities.

Although in all this we have cause for celebration, much more is required to reduce poverty, unemployment and inequality.

This year has proved problematic and difficult politically and economically. Taking into account the violent protests on the university campuses and the political scandals that have enveloped the ANC government relating to, inter alia, Nkandla and state capture.

This distressing state of affairs has its roots in the dearth of inspired and competent political leadership of the ANC government in general, and in particular President Jacob Zuma, who has become engulfed in one scandal after other. All of this has induced pessimism among our people.

South Africa has infinite potential, having vast resources, both human and natural. The vast majority of our people display positive race attitudes to one another and fervently desire that our system of democratic government should continue to flourish.

This is reflected in a recent South African Institute of Relations Survey which stated: “The views of the overwhelming majority of people are very different from the vitriol so often evident in the debate this year. Far from being hostile towards one another, most South Africans, black and white, occupy a pragmatic middle ground on race relations.

“White South Africans understand and support the need for redress. Black South Africans do not believe their white compatriots should be treated as second-class citizens. The overwhelming majority of both groups believe they need each other for progress to be made.”

There are many other positive aspects to our system of governance, such as the significant role the courts have played in calling the executive to account, such as in the Nkandla judgment and the vindication of the rights of coloured warders in the Western Cape in the Solidarity case.

The minister of finance and the Treasury have made a superb effort in stabilising the South African economy in difficult circumstances.

In this regard, formidable organisations of civil society, such as Freedom Under Law, the Helen Suzman, Mandela and De Klerk Foundations, have played a critical role in keeping the fundamental values of the constitution alive.

This also applies to the sterling work of the former public protector, Thuli Madonsela, with her reports on Nkandla and state capture.

These efforts, laudable as they are, are not cause for South Africans to rest on their laurels. The Zuma presidency is in an integrity crisis. Bold political action is essential to address this state of affairs.

At all costs, we need to avoid public despondency and seek solutions to our problems, using the tools provided for by an exemplary constitution.

• Devenish is an emeritus professor at UKZN and helped draft the interim constitution in 1993.