The Department of Justice and Constitutional Development hosted a National Conference on Human Rights in South Africa in Gauteng under the theme ‘Three Decades of Respect for and Promotion of Human Rights,’ which reflected on South Africa’s journey towards equality and justice. The three-day event was attended by President Cyril Ramaphosa, various minsters, government departments, the legal profession as well as civil society. In his speech, Minister Ronald Lamola said that the year 2024 marks a significant milestone in our country’s constitutional democracy and 30 years of progress and growth.
Mr Lamola pointed out that it is crucial to remember the sacrifices made during the struggle against the oppressive apartheid regime. He added that the tragic events at Sharpeville and Langa serve as a stark reminder of the brutality faced by those fighting for freedom. He said the peaceful protests against apartheid laws, the violence inflicted on innocent protesters, and the global outrage that followed – all shaped our nation’s history and commitment to human rights.
Mr Lamola noted that the country’s transition from a divisive past was dawned through the Interim Constitution of 1993, which had the objective of ensuring a non-violent transition and to ensure reconciliation within the country. He pointed out that ch 2 of the 1996 Constitution contains the Bill of Rights, which is the cornerstone of South Africa’s human rights framework, a commitment to build a culture of human rights and to reverse the centuries of gross violations of human rights, inequality and the indignity suffered by the majority of the population.
Mr Lamola said in his address to the Constitutional Assembly on the occasion of the adoption of the 1996 Constitution, on 8 May 1996, late former President Nelson Mandela clearly articulated the obligation and commitment in stating that:
‘The new Constitution obliges us to strive to improve the quality of life of the people. In this sense, our national consensus recognises that there is nothing else that can justify the existence of government but to redress the centuries of unspeakable deprivations, by striving to eliminate poverty, illiteracy, homelessness and disease.
While in the past, diversity was seen by the powers that be as a basis for division and domination, while in earlier negotiations, reference to such diversity was looked at with suspicion; today we affirm in no uncertain terms that we are mature enough to derive strength, trust, and unity from the tapestry of language, religious and cultural attributes that make up our nation.’
Mr Lamola added that government’s efforts over the past 30 years has been geared towards this common goal. Our Constitution and its promises (provisions) underpin a transformational agenda, which cannot be seen as a linear process.
Mr Lamola said that despite having the highest inequality rate globally, the Equality Court cases are predominantly focused on hate crimes and racism rather than equality issues. He added that the trends in cases handled by the Office of the Public Protector offer valuable insights into the most pressing issues that need to be urgently addressed within our democratic system.
‘The discussions at the conference will serve as an evaluation of the advancements made in upholding human rights, with the hope that active participation from all attendees will enrich the content and deliberations. Deliberations should propel us towards achieving an equal society in the next 30 years of our constitutional democracy,’ Mr Lamola said.
Chief Justice of South Africa, Raymond Zondo, spoke at the Conference on the courts, which he described as defenders of the Constitution. He added that it is important that the three arms of state give feedback on what they have done to promote, show respect and defend human rights. He said that the judiciary is at the centre of the promotion and defence of human rights.
Chief Justice Zondo pointed out that the Constitution of South Africa in s 1 begins by announcing to the world who we are as a state. He added that it says South Africa is one sovereign state, with founding values, including –
Chief Justice Zondo added that in terms of s 2 the Constitution proclaims the supremacy of the law. He said that in s 38 the Constitution confers on the courts the right to enforce and defend the fundamental rights in the Bill of Rights. The power to grant appropriate relief and allows anyone listed in that Constitution to approach the courts when they feel that their fundamental rights have been violated and it says the courts may provide relief.
Chief Justice Zondo said that the South African courts over the past 30 years have done exactly that when they have found that the fundamental rights entrenched in the Constitution have been violated in specific cases. Chief Justice Zondo noted: ‘All of the rights that are set out in our Bill of Rights can be enforced in our courts. However, the courts in order for them to be able to properly protect and defend these fundamental rights, require having adequate judicial officers, require having adequate resources and require to be able to operate in an environment that allows them to ensure that they can administer justice expeditiously.’
Chief Justice Zondo added that he accepts that the courts in South Africa cannot be in a perfect situation, because resources are always limited. He, however, pointed out that it is important that those who feel that their fundamental rights have been violated and who take their dispute to courts are able to have their cases heard, and decide reasonably quickly, because it is unacceptable when justice is delayed for too long.
President Cyril Ramaphosa delivered the keynote address during National Conference on State of Human Rights marking the 30th anniversary of constitutional democracy and human rights in South Africa. Photo: GCIS.
In his keynote address, President Cyril Ramaphosa said that the adoption of the Constitution with its Bill of Rights by the Constitutional Assembly on 8 May 1996 was a great moment in our struggle to achieve a free and equal society. ‘As I said at the time, it marked the day our country and our people came of age. I referred to our Constitution as the birth certificate of our nation. On that occasion, we proclaimed to the world that we are a society committed to democracy, to the rule of law and to the protection of human rights,’ President Ramaphosa added.
President Ramaphosa said that the Constitution came to be as a result of a great many sacrifices by many people in our country and in other countries as well. He said that before the advent of democracy, our country was defined by racism, segregation, and discrimination. He added that the country’s black majority were deprived of their land, their freedom, and their basic human rights. Apartheid tore the social fabric of our communities apart as it violated and degraded the basic humanity of many of our people through humiliation and oppression.
President Ramaphosa noted: ‘Families were broken up as heads of households had to leave their families behind, to work in the mines or move to towns to earn a livelihood. Generations of children were denied the right of having the presence of one or both parents as they grew up with their parents working far away. Our indigenous and customary legal systems were upended. They were suppressed and dismissed as harmful and uncivilised.’
‘Given all these destructive effects, the negation and denial of the human rights of millions of people, we can be justifiably proud of how far we have come in advancing our constitutional, human rights-based order over the past 30 years.’
Mr Ramaphosa pointed out that human rights are basic rights that all human beings should have. Human rights embody the key values of our society, such as equality, dignity and fairness, and define our nationhood. He said that human rights should manifest themselves through protection for vulnerable groups, freedom of speech and expression, religious freedom, freedom to love and other rights that promote the well-being of people.
President Ramaphosa noted that there have been challenges and shortcomings over the past 30 years, and that South Africa, has come a long way to go towards completely fulfilling the promise of the Constitution. President Ramaphosa added that South Africa should not shy away from the immense progress made. He said the Bill of Rights enjoins the democratic state to enact various pieces of legislation to promote human rights between and among people.
President Ramaphosa added: ‘Amongst those we have put in place are the Promotion of Access to Information Act, which gives effect to section 32 of the Constitution; the Promotion of Administrative Justice Act which gives effect to section 33; and the Promotion of Equality and Prevention of Unfair Discrimination Act, which gives effect to section 9. To give effect to section 9(2) of the Constitution, relating to measures of redress for the previously disadvantaged, we passed the Employment Equity Act, Broad-Based Black Economic Empowerment Act and others. Our constitutional order is premised not only on building a non-racial society, but also a non-sexist society.’
President Ramaphosa said that over the past 30 years there have been significant changes in the position of women across society. He added that today, there are more women serving as leaders in both the public and private sectors: ‘We have passed a broad range of laws to protect women from all forms of abuse and to advance their rights. These include laws around domestic violence, sexual abuse, sexual harassment, and workplace discrimination.’
President Ramaphosa noted that in January 2024, South Africa appeared before the International Court of Justice as an applicant against the State of Israel on the grounds that, through its conduct in Gaza, Israel violated the Convention on the Prevention and Punishment of the Crime of Genocide. He added that the heart of South Africa’s case is the blatant violation of the human rights of Palestinians by the State of Israel. He said that having noted that the Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations, on 9 December 1948, an act which signified the international community’s commitment to the respect of human rights of all people. He added: ‘We felt duty bound to support the Palestinians in the quest not only for nationhood but also to have their basic human rights protected, respected and advanced.’
President Ramaphosa said that the fundamental freedoms that were denied to so many, including the heroes who lost their lives at Sharpeville, are enjoyed by South Africans today. ‘We have expanded access to basic services and education, improved our nation’s health outcomes, and provided opportunities where there once were none,’ President Ramaphosa added. He pointed out that all this progress has been anchored in our deep and abiding commitment to the protection and advancement of human rights as espoused in our Constitution. ‘As we look ahead, we need to determine what steps must be taken to give greater meaning to the Constitution and the Bill of Rights,’ Mr Ramaphosa added.
Legal practitioner, Dr Mathews Phosa said that when one speaks of the protection of human right, they must bear in mind that there is no hierarchy of either rights or entitlement to protection. He added that all rights are equal and must all be observed and protected. ‘I can say without fear of contradiction that South Africa’s Constitution is one of the most progressive globally. However, the challenge, which continues to plague me and most of us, is whether we have allowed the aspiration and vision of the document to leave the paper on which it has been written. The paper is beautiful. But what does our conduct look like,’ Mr Phosa noted.
Mr Phosa pointed out that people speak of challenges of real rights and paper rights. He added that people often reflect on money as the root of all evil. He said bad governance is the root of all evil. He added that to be able to talk about an environment that protects rights, we need clear dividing lines between the Cabinet, National Assembly, a competent executive in both politics and administration, a dramatic cleansing of the cancer of corruption as well as a much improved institution that needs to hold those who deviate from the Constitution and clear guidelines accountable.
Member of the United Nations Committee on Experts on Public Administration and Chancellor of Nelson Mandela University, Dr Geraldine Fraser-Moleketi spoke on the challenges facing women and said that the 30 years makes it a little bit emotional, because of the realities around South Africa’s Constitution and what it stands for. She pointed out that reflecting on three decades of democracy and on the Constitution will enable us to raise a number of truths because we have ‘optimism of will’. She pointed out that the rights the conference was assessing progress on comprise of constituent parts of the supreme legal framework of the land as embodied in the Constitution.
Chapter 2 of the Constitution, which is the Bill of Rights, spells out these rights that are guaranteed to all persons in South Africa, irrespective of race, class, gender, or any other considerations. She added that given the flagrant denial of rights owing to the legacy of colonialism and apartheid, it fell on the new democratic government to put in place legislative policy and interventions in dismantling discriminatory legacy. She pointed out that there has not been much systematic evaluation on the various provisions in the Bill of Rights that purely focused on women engaging the desired level of impact on women. She said this does not negate the fact that there has been considerable improvement in the lives of women and as a result of the enabling legislative policy and programmatic interventions at the level of the state.
She said while challenges abound, far too many women are still finding themselves on the margins. It would be dishonest to excuse the many gains women have made since 1994 as result of the legislative, policy and programmatic intervention put in place by the state. It is within this context that the ensuing critique should be considered. To support her critique, she spoke about the story of women in the legal profession. She referenced the case of Incorporated Law Society v Wookey 1912 AD 623 when the applicant argued that the word ‘persons’ did not include women.
Dr Fraser-Moleketi said in the early stages of the 20th century women were not persons, women were not people, women were not human beings. She added that this formed the foundational basis for the denial of rights across many strands of national life. She added that for example, women were barred from many professions which were the exclusive domain of men. Women could not own property, and education was deemed a great privileged to women. Women had no social and economic rights. She added that at the very heart of flagrant denial of rights was the deeply held prejudices against women, which went as far as to say that they are not human beings, they are not people.
Ms Fraser-Moleketi said that people prefer mediocre men in positions but not mediocre women. She added that the time has come to say we want excellence from everyone not just from women, but we want the same from men and want to see it in practice. She spoke about the right to life and said while women have made many inroads in many spheres of national life since the dawn of democracy, the scourge of gender-based violence and femicide has increased. She pointed out that this is directly infringing the women’s right to freedom and most unfortunately on women’s right to life.
The conference had a variety of panel discussions including:
Panellist included to name a few, Minister of Women, Youth and Persons with Disabilities, Dr Nkosazana Dlamini-Zuma; Deputy Minister of Justice and Constitutional Development, John Jeffery; and General Secretary of South African Federation of Trade Unions, Zwelinzima Vavi.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
