Programme Directors,
Former President Thabo Mbeki,
Former President Kgalema Motlanthe,
Chief Justice of the Republic of South Africa, Justice Mandisa Maya,
Acting Deputy Chief Justice Mbuyiseli Madlanga,
Justices, both sitting and retired,
1. His Lordship Honourable Chief Justice Luke Malaba, President of the Conference of Constitutional Jurisdictions of Africa and Chief Justice of the Republic of Zimbabwe
2. Judge G Ketlogetswe, Chief Justice of Botswana
3. The Right Honourable Chief Justice Richard Wagner P.C, Chief Justice of Canada
4. Chief Justice Mr Fahmy Iskandar Boulos, President of the Supreme Constitutional Court of Egypt
5. Chief Justice B Maphalala, Chief Justice of the Kingdom of Eswatini
6. Her Excellency President Lucia Ribeiro, President of the Constitutional Council of Mozambique
7. Chief Justice P Shivute, Chief Justice of Namibia
8. Honourable Justice K. M.O. Kekere-Ekun, GCON, Chief Justice of Nigeria
9. The Honourable Mr. Justice Pankaj Mithal, Judge, Supreme Court of India
The Honourable Justice I. L Lisoria – Supreme Court of Kenya
10. Minister of Justice and Constitutional Development, Ms. Mmamoloko Kubayi,
Ministers and Deputy Ministers,
Members of Parliament,
Membersf the legal fraternity,
Members of the diplomatic corps,
Representatives of political parties,
Distinguished guests,
Ladies and Gentlemen,
It is a profound honour to be here together with all of you today as we mark a significant milestone in our democratic journey.
This moment calls not only for celebration, but also for reflection, for recommitment, and for a renewed vision of constitutionalism in action in South Africa.
When the Constitutional Court was established thirty years ago in a newly democratic South Africa, it was a bold institutional response to a history that had denied the majority of South Africans their basic human rights. It was tasked with interpreting and safeguarding the rights enshrined in the Constitution of 1996.
But its role was always more than legal—it was deeply symbolic. It was a noble symbol of our democratic order; both immortal and legal compass.
This court was established on the ruins of an oppressive legal system, and was built on the grounds of a former prison, embodying the hope that law could become an instrument of justice rather than repression.
Allow me to briefly cast my mind back to the 8th of May 1996. This was the day the Constitution was adopted by the Constitutional Assembly.
Speaking in my capacity as chairperson of the Constitutional Assembly, I described this document as our new nation’s birth certificate, reflecting the history from which we have emerged and the values of human dignity, equality and freedom that we now cherish.
A birth certificate affirms the existence, identity and legal recognition of every human being and indeed every citizen. It grants a person access to rights, to services, to attend school, to work, to travel and to participate in society.
Just like a person cannot enjoy their rights without a birth certificate, without the Constitution our country would be cast adrift, and be vulnerable to the excesses of unchecked power.
We celebrate the existence of this court over the 30 years in which it has defended our democratic vision as set out in our birth certificate, our constitution. This court has been the guardian, watching over our nation’s legal health just as a parent would attend to the health of their growing child.
The establishment of the Court lent legitimacy to the new order at a time when we were emerging from decades of oppression. In many ways the Court was born of struggle and hope—anchored in the belief that never again shall South Africa be governed without regard for dignity, equality, and justice for all who live in it.
INTERNATIONAL PERSPECTIVE
In developing our constitution we drew heavily on the constitutional experiences of other countries for perspectives around socio-economic rights, around the concept of dignity as a foundational value, around judicial review, around structuring democratic institutions, and others.
Justice Sachs, in your memoir you recall this deliberate decision to look globally, saying “we borrowed ideas, concepts and structures from Canada, Germany, India and the United States, but made them South African.”
The drafters consulted a broad range of global models such as Germany’s Basic Law, and Canada’s Charter of Rights and Freedoms. Germany’s Federal Constitutional Court provided inspiration for the establishment of our own.
Indeed even as it was shaped by these broad international perspectives, the aim was to produce a uniquely South African framework.
And of course, the inspiration for the principles of the constitution go back even further than the Freedom Charter of 1955. They are deeply rooted in the African Claims in South Africa that was adopted by the annual conference of the African National Congress in 1943.
The demands of the African Claims, for full enfranchisement, for equality before the law, for an end to racial segregation and political exclusion, were all eventually reflected in Bill of Rights in our constitution.
Considering that the African Claims evokes the Atlantic Charter that was drawn up after the second world war, and resonated with broader continental struggles – our constitution is also uniquely African.
In the early years since democracy and well beyond, this Court has contributed not just judicial validation of the constitutional order.
It has elevated the consciousness of our people about their constitutional rights. It has contributed to building trust in the judicial system.
Through principled constitutional interpretation, it has contributed greatly towards advancing national cohesion and reconciliation. This objective of national cohesion and reconciliation has been executed by the court. Through its decisions, it has ensured that all people are treated fairly and equally under the law - thus affirming the legitimacy of the legal order and promoting a sense of belonging among all citizens.
The progressive, far-reaching judgments handed down by this court include S v Makwanyane that abolished the death penalty; the Grootboom case that centred on the right to housing; and Minister of health v Treatment Action Campaign that dealt with the right to healthcare and access to HIV/Aids treatment.
The Constitutional Court has developed a rich and transformative jurisprudence. These judgements are not merely legal decisions—they are decisions that have changed lives, shaped our society, and strengthened our democracy.
The Court’s judgments have advanced the rights of same-sex couples, of women in traditional marriages, of the sick and infirm, of children, of voters, and of the most marginalised members of society. They have affirmed that dignity, equality and freedom are not reserved for the powerful, but guaranteed to all.
The expansion of the court’s appellate jurisdiction in 2013 to deal with matters of general public importance has further expanded the frontiers of access to justice for all.
As Constitutional Court judges you were appointed at a time of great complexity in the life of our nation, and navigating the imperative of societal transformation back then was certainly extremely difficult. And yet the Court, since its inception, set the tone for humanistic jurisprudence that continues to endure.
The Constitutional Court, like any other institution, has had to weather many a societal and political storm.
We acknowledge with deep respect the calibre of leadership the Court has drawn—jurists of independence, intellect, and moral courage. From the pioneering judgments of the Court’s early years to the complex cases of today, the judiciary has been a pillar of stability, especially in times of political uncertainty.
The Bench, again not unlike any other sector in society, will have borne witness to the many debates around transformation, around judicial demographics, and around access to the courts by citizens. The Court has at times found itself dragged into political controversies, and has had to manage occasional frictions with the executive over the separation of powers.
And yet amidst all these, the constitutional court has not been shaken, but stood firm as a credit to the democratic order. What has defined the Constitutional Court that we are proud of is not just the wisdom of its judgments, but the courage of its convictions. It has withstood political pressure, defended the separation of powers, and asserted that no person or institution is above the Constitution. It has done so with a steady voice, grounded in reason, compassion, and principle.
This very building here on Con-Hill is a testament to that resilience.
Built on the site of the Old Fort prison that once symbolised oppression and pain, the Constitutional Court building reflects the hopes and aspirations of a people.
Whether it is the architecture, the artwork, the interior designs, the design of the doors of the judges’ chambers or the furnishings inside the court itself – these all represent a constitutional order that lives and breathes.
The success of the court which we celebrate today has been achieved through the collective effort of many - and is the product of a judicial legal ecosystem.
The legal profession through its attorneys and advocates come to this court to present arguments that test and evolve the meaning of a constitution.
The government plays a role, as it bears the duty and responsibility to implement court rulings. Civil society continues to act as a vigilant watchdog and as an advocate for the voiceless in our country. The public whose confidence in the rule of law endures, gives this court its legitimacy
We pay tribute to the justices past and present, to the clerks, legal scholars, and advocates whose work has deepened our constitutional culture. Their integrity, intellect, and independence have given life to the ideals of our Constitution.
I want to use this opportunity to pay tribute to those of our founding Concourt justices who are with us here today, namely Justices Sachs and O’Regan.
My legal advisor, Advocate Nokukhanya Jele was one of the clerks of the court, and she has related those early days to me. Of the cramped space in Braam-Park where the court temporarily sat, to when the court moved to the current site in 2004 when it was still under construction.
She has told me about water leaking through the skylight and dripping onto Advocate Gilbert Marcus’ papers, and about lawyers trudging up the Great African Steps, their fancy shoes full of mud from the wet and dusty construction site.
At the same time I am sure for all who had the privilege of being part of those early days working at the court, there was a sense of elation at being part of history in the making. Of being part of something far greater; something that all one’s years of legal training had prepared one for.
As a nation we can be nothing short of immensely proud of the constitutional court, of what it has achieved, and of its ongoing and pre-eminent role in our society.
Just as society continues to evolve and adapt, the Court too has demonstrated its capacity to interpret the constitution in response to the lived realities of our people.
It has and continues to do so without fear or favour, and remains a bulwark of justice and hope.
The reality we must confront is that there are significant challenges with constitutionalism today. There is a disconnect between the promise of our constitution and the lived realities of South Africans.
The promise of the Constitution is far from fully realised. Persistent inequality, threats to judicial independence, lack of implementation of court orders, and erosion of trust in institutions remain pressing challenges.
The advancement of socio-economic rights is not as far as we wish it to be, particularly with respect to housing and basic services.
It will forever remain a blight on our democracy that the applicant in the ground-breaking Grootboom judgment, Ms. Irene Grootboom, died in 2008 without her dream of a decent house being fulfilled.
Deepening respect for constitutionalism across all sectors must start with the state.
We must acknowledge the troubling irony of lauding the Constitutional Court’s progressive judgments on one hand, especially on socio-economic rights, with the reality that the state apparatus has in many of these cases had to be compelled by this very court to fulfil its obligations.
This points to widespread and systematic shortcomings in service delivery that must be addressed. Our people should not have to resort to litigation to have their rights realised, and this is the paramount consideration.
At the same time, the potential for reducing litigation against the state must be addressed and this requires structural change.
To ensure that the judiciary execute their duties independently, effectively, and with dignity - government must and will provide a range of institutional, infrastructure, financial, administrative, and legal support. The support is crucial to maintaining judicial independence, which is a cornerstone of democracy and the rule of law.
The 2022/2023 Judiciary Annual Report points to challenges being experienced by the constitutional court with respect finalising matters against targets. This is no doubt owing to the significant volume of cases the court is dealing with. The 2013 changes to the court’s jurisdiction have further contributed to this workload.
Enhancing access to justice and improving court services has been allocated for in this year’s budget, and there have been increases for improving superior court services, for judicial education and support, for the filling of vacant posts and to address other funding shortfalls.
We reaffirm our commitment to providing all the necessary support to our courts as they administer justice. At our meeting with the Judiciary recently, we committed to taking steps to advance the independence of the judiciary and the future of our courts’ administration. A joint committee will develop an action plan to be finalised 6 weeks from now. We will ensure the Judiciary is rightly constituted as an equal branch of government with the Legislature and the Executive.
The journey travelled by this Court has been a long one, and we celebrate it today. We celebrate the Court’s existence as a living symbol of not only justice, but transformation.
The Court carries an extraordinary mandate and a weighty responsibility. Yet it has always risen to the moment.
Its legacy of courage and conscience endures.
Let us use this occasion not only to celebrate, but to recommit.
As legal professionals, we must commit to a legal profession that uphold ethics, deepens constitutional jurisprudence, and serves the public good.
As government leaders we must commit to respect the rule of law, to strengthen institutions, and to implement court decisions in good faith.
And as a collective let us ensure that the values enshrined in our Constitution continue to define our national identity and guide our development.
Thirty years on, the Constitutional Court remains a beacon of democracy. A compass for our future journey. May it continue to stand as a testament to justice, accountability, and the resilience of the South African people.
South Africa faces many challenges. Poverty. Inequality. Joblessness. Under-development. Yet we move forward as a collective with confidence, fortified by the knowledge that that you, the guardians of our constitutional order, are with us, alongside us, guiding us.
As we look to the next 30 years, let us ensure that the Constitutional Court remains a living institution—responsive, principled, and deeply rooted in the values of ubuntu, accountability, and human dignity.
We wish the court well on this auspicious occasion, and into the future.
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