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Articles
- South Africa marks 30 years anniversary of the Constitution
- IN PICTURES: National Launch of the 30-Year Anniversary of the Constitution
- Students interact with Deputy Minister Nel on Constitutional matters
- DOJ&CD Minister Kubayi cautions parents to pay Child Maintenance
- Get to know your Parliament better
- The Constitutional Court as the guardian of the Constitution
- Ensuring fairness: The Supreme Court of Appeal
- Chapter 9 of the Constitution provides for State Institutions Supporting Constitutional Democracy
South Africa marks 30 years anniversary of the Constitution
By Sinenhlanhla Mkhwanazi
This year South Africa marks the 30th anniversary of the adoption of its Constitution, a milestone for national reflection and renewed commitment to the values of constitutional democracy.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi supported by Deputy Minister Andries Nel, officially, led the national launch of the 30-year anniversary of the Constitution, which also marked the commencement of Human Rights Month. The launch was held at the Apartheid Museum, in Johannesburg.
Amongst the attendees included Minister of Women, Youth and Persons with Disabilities: Sindisiwe Chikunga, National Director of Public Prosecution Advocate Andy Mothibi, Prof Mcebisi Ndletyana who was the Programme Director for the day, Professor Sarah Mosoetsa Chief Executive Officer (CEO) Human Sciences Research Council (HSRC), Ms Thoko Mpulwana Chairperson of the South African Women in Dialogue (SAWID).
The proceedings of the day commenced with the South African national anthem followed by the African Union anthem. Deputy Minister Nel led the reciting of the Preamble of the Constitution.
The Constitution was signed into law by former President Nelson Mandela in Sharpeville on 10 December 1996 and it came into operation on 4 February 1997. The signing of the Constitution in Sharpville was a commemorative gesture in remembrance of the people who died during a peaceful demonstration against the vicious pass laws on 21 March 1960.
“The constitution is a testament that wise men and women of all races, religions and diverse cultural freely came together to weave a new nation in a South Africa that belongs to all who live in it black and white,” says Minister Kubayi at the launch.
The Constitution is the supreme law of the land and all other pieces of legislation must align with its provisions.
This year long commemoration of the 30 years of the adoption of the constitution will be undertaken under the theme “30 YEARS OF CONSTITUTION: ONE CONSTITUTION, ONE NATION REFLECT. RENEW. RECOMMIT.”
“Just like the constitution making process, the national commemoration we envisage, will be an inclusive initiative involving multiple stakeholders, including government departments, Chapter 9 institutions, civil society, organized labor, business, traditional and religious leaders, youth formations, and educational institutions, women and people with disabilities. “explains Minister.
Minister Kubayi also calls on all South Africans to join us in these activities to collectively reflect about the 30 years of our constitution, progress and challenges.
IN PICTURES: National Launch of the 30-Year Anniversary of the Constitution
Students interact with Deputy Minister Nel on Constitutional matters
By Sinenhlanhla Mkhwanazi
More than 200 students filled Moremogolo NCUTVET Campus Hall on Friday (March 20) for a student engagement. Led by the Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, this engagement brought together students from the campuses of the Northern Cape Urban TVET College in Kimberley to reflect on the significance of the Constitution, its role in advancing democracy, and the responsibility of young people to uphold and protect constitutional values.
This engagement forms part of the Human Rights Month programme to commemorate 30 years since the adoption of the Constitution. “The year 2026 marks the 30th anniversary of our nation’s Constitution the supreme law of the Republic of South Africa. Cabinet has declared this milestone will be commemorated under the theme: “One Constitution; One Nation: Reflect, Renew, Recommit.,” explains Deputy Minister Nel.
The programme commenced with the students reciting the preamble to the South African Constitution.
Deputy Minister Nel took the opportunity to reflect on the 1960 Sharpeville Massacre. “In the 1960 Sharpeville Massacre, young people joined thousands of others in peaceful defiance against the hated pass laws. Sixty-nine unarmed protesters were gunned down, and hundreds more were injured,” reflect Deputy Minister.
He further reflected on various challenges facing the youth currently. “Many of you face unemployment, limited access to quality education, inequality in opportunities, and the heavy burden of poverty in your communities,” he says.
Despite these challenges Deputy Minister challenged the youth to participate and make their voices heard. “To all the young people here today, you are the authors of South Africa’s next chapter. The story of our nation is still being written, and your voice matters. Your participation matters. Your future matters. Yes, challenges remain. Yes, the road is long.” Says Deputy Minister Nel.
Representing the Independent Electoral Commission (Northern Cape) was Mr Elkin Topkin who encouraged the students to make their mark by voting in the upcoming Municipal elections. “You must exercise your right to vote,” says Mr Topkin.
Social media has become an integral part of the lives of South African youth, shaping their thinking. Mr Stanley Malematja from DOJ&CD (Deputy Director) Human Rights and Institutions Support discussed the role of social media tool to promote youth involvement in local government decision making. “Let us use social media responsible and avoid sharing misinformation (fake news),” says Mr Malematja.
This engagement provided an interactive platform between students and various speakers of the day. Ms Mlamla Qwethu (student) pleaded with Department of Justice to offer internship opportunities for students from TVET Colleges. “We are pleading for internship opportunities in the department, “she says.
DOJ&CD Northern Cape Provincial Office committed to foster a relationship with the local colleges in order to empower the students especially those studying interpreting.
Photos by Lwandile Ngaxa
DOJ&CD Minister Kubayi cautions parents to pay Child Maintenance
By Sinenhlanhla Mkhwanazi
The community of Umlazi braved the heatwave and packed Umlazi Cinema Hall situated at Umlazi W to engage with Minister of the Department of Justice and Constitutional Development (DOJ&CD) Mmamoloko Kubayi. The main aim of this Imbizo was to raise awareness on the support services available to victims and survivors of Gender-Based Violence and Femicide and also to discuss Child Maintenance issues.
Minister Kubayi made it very clear that both parents have a responsibility to maintaining a child. “Both parents must support the child, we can’t have working parent but who refuse to pay Child Maintenance,” she says. She emphasises that the Department is working earnestly to track down those who default on Child Maintenance. “We will even check your Facebook page and we will find you wherever you are and serve you, “says Minister Kubayi.
She further explained that the Department has zero tolerance for corruption especially when it comes to departmental employees who steal Child Maintenance monies. “Our Department is not a place for corruption or to steal money. Ngiyaxosha Mina "I will fire you” she says.
Community member were also encouraged to report Domestic Violence and Sexual Offences Cases to the law enforcement agencies. “When a child has been violated do not hold family meetings just go to the police and report the matter,” says Minister. The community was also cautioned to stop withdrawing domestic violence and sexual offences cases.
Advocate Elaine Harrison, the Director of Public Prosecutions (DPP) for KwaZulu-Natal encouraged community members to report sexual offences cases so that justice can take its course. " Report all these cases and as the NPA will we will do our part, “she says. She also advised community members to come forward with their complaints regarding her office.
This Imbizo provided an inclusive platform for constructive dialogue between community members, government leadership, and key stakeholders.
A community member Mr Nkosi Ndlovu pleaded with community members to work hand in hand with government to end the scourge of GBVF in the area. “Instead of pointing fingers let’s come together as men and talk about the problem of GBVF”, he says.
Minister encourages members of the public to report any complaints or compliments regarding any of the DOJ&CD services to the Ministerial WhatsApp line 012 065 5881.
Get to know your Parliament better
By Dudu Diraditsile
At the heart of South Africa’s democracy lies the Parliament of South Africa, established under the Chapter 4 of the Constitution of the Republic of South Africa, 1996, as the national legislative authority responsible for making laws, representing the people, and holding the government accountable.
South Africa has one Parliament, located in Cape Town. The Parliament is made up of two Houses, the National Assembly (NA) with 400 members and the National Council of Provinces (NCOP) with 90 members.
Each House has its own distinct role and functions, however there are many instances when the two Houses act together to conduct what is called “joint business”.
The National Assembly is responsible for choosing the President, making and passing laws, ensures executive accountability and providing a forum for public debate. The NCOP, on the other hand, ensures that provincial interests are taken into account in the national sphere of government.
Presently, Parliament is temporarily meeting in the Good Hope Chamber after the fire broke out in early January 2022, destroying the National Assembly’s main session room.
Parliament is required by the Constitution to facilitate public involvement in its process. Citizens can submit comments on bills and attend committee meetings.
In the historic 1994 South African elections, South Africans voted for the First democratic Parliament. Since then, after every five years the citizens get the opportunity to cast their votes for a new Parliament.
The numbering “28th Parliament” reflects the historical sequence of parliaments since the establishment of South Africa’s parliamentary system in 1910. However, the general election held on May 2024, South Africa is now in its 7th democratic Parliament.
When South Africa was formed in 1910 during the Union of South Africa, the four provinces could not agree on one capital city. To keep everyone happy, three cities were chosen to share the capital duties.
- Cape Town - Legislative capital where Parliament meets.
- Pretoria - Administrative capital where the government and president work.
- Bloemfontein - Judicial capital, home of the Supreme Court of Appeal.
Chapter 4, Section 42 - 82 of the Constitution,1996, sets out the provisions of the Parliament.
The Constitutional Court as the guardian of the Constitution
By Dudu Diraditsile
In 1994, most judges in South Africa were white and male, which meant the courts did not fully represent the country’s diverse population. Some people felt the justice system lacked fairness and legitimacy.
To fix this, a new court was created that would better reflect all races and genders. In addition, its main role to protect the Constitution and ensure that everyone’s fundamental human rights are respected and upheld.
Nelson Mandela, the former President of South Africa, officially inaugurated the Constitutional Court of South Africa in 1995.
The Constitutional Court is the highest court in the constitutional matters, based at Constitutional Hill, Braamfontein, Johannesburg. The court was created to safeguard the country’s constitutional order following apartheid.
The Constitutional Hill is a living museum that tells the story of South Africa’s transition from colonisation and apartheid to democracy and once served functioned as a prison.
The jurisdiction of the Constitutional Court extends exclusively to constitutional matters, such as the validity of laws, dispute between state organs, and failures by Parliament or the President to fulfil constitutional duties.
The court consists of eleven (11) judges, including the Chief Justice and the Deputy Chief Justice. They are appointed by the President. The current Chief Justice is Chief Justice Mandisa Muriel Lindelwa Maya. The judges serve for a non-renewable term of twelve (12) years or until they reach the age of seventy (70).
According to the Constitution, the matter before court must be heard by at least eight (8) judges. In practice, all eleven judges hear almost every case. The court welcomes the public and hearings are mainly on written arguments rather than witness testimony.
Cases may reach the Constitutional Court through an appeal from the High Court or the Supreme Court of Appeal, by direct access in urgent matters, or when a lower court declares legislation unconstitutional, which requires confirmation by the Constitutional Court.
In 2025, the nation marked the Court’s 30th anniversary, recognising its central role in entrenching human rights and advancing constitutional transformation.
Chapter 8 of the Constitution, titled Courts and Administration of Justice, Section 167, provides detailed provisions relating to the Constitutional Court of South Africa.
Ensuring fairness: The Supreme Court of Appeal
By Dudu Diraditsile
Located in Bloemfontein, South Africa’s “judicial capital,” the Supreme Court of Appeal (SCA) is the country’s second-highest court, just below the Constitutional Court. Formerly known as the Appellate Division, the SCA hears and decides appeals from High Courts.
The Supreme Court of Appeal’s functions include ensuring fairness, consistency, and certainty in South African law. It resolves disputes that could affect large numbers of people or important legal principles, and acts as a bridge between High Courts and the Constitutional Court, guiding the interpretation and application of the law across the country.
The SCA has about 25 judges, called Judges of Appeal, who hear cases in panels of five or more judges depending on the importance of the case.
Cases reach the Supreme Court of Appeal through appeals from Magistrates’ Courts to the High Court and thereafter to the Supreme Court of Appeal. Before taking a case to SCA, the party must obtain permission, called “leave to appeal”. It is of importance that the appeal must show that there was legal error or misapplication of the law, not just disagreement with the decision.
Judges are appointed by the President of South Africa on the advice of the Judicial Service Commission. Judges of Appeal are cited in judgments with the surname of the judge followed by "JA". (The President and Deputy President are cited with a "P" and "DP" respectively, and acting judges are cited with "AJA".)
Decisions of the Supreme Court of Appeal are binding on all lesser courts and the decisions of the High Courts are binding on Magistrates’ Courts within their areas. SCA judgements are a major source of law in South Africa. A decision of a High Court in one division is not binding on another, but in practice has strong persuasive force.
The SCA does not usually hear constitutional matters, but it can if a case raises important legal questions beyond the Constitution. Appeals are mostly on civil, criminal, and commercial law.
Chapter 8 of the Constitution, titled Courts and Administration of Justice, Section 168, provides detailed provisions relating to the Supreme Court of Appeal.
Chapter 9 of the Constitution provides for State Institutions Supporting Constitutional Democracy
By Suzan Mphuthi
There are six Chapter 9 Institutions. These institutions are independent state bodies created by the South African Constitution (Sections 181–194) to strengthen constitutional democracy, with the purpose of keeping the government accountable only to the Constitution and the law. They protect public rights and ensure government accountability. The institutions are as follows:
1. Public Protector South Africa
The Public Protector has the power, as regulated by national legislation to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; to report on that conduct and to take remedial action.
2. Cultural, Religious and Linguistic (CRL) Rights Commission
The CRL Rights Commission is set out to build the nation by providing space for each of the cultural, religious and linguistic communities and to promote unity amongst diverse communities. The CRL Act 19 of 2002 provides for investigation and conflict resolution on any issue concerning the rights of cultural, religious and linguistic communities.
3. South African Human Rights Commission (SAHRC)
The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone in the Republic.
4. Commission for Gender Equality (CGE)
The CGE was established to promote respect for gender equality and the protection, development and attainment of gender equality. It has the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.
5. Auditor-General South Africa (AGSA)
The Auditor-General is responsible for auditing and reporting on the accounts, financial statements and financial management of all national and provincial state departments and administrations; all municipalities; and any other institution or accounting entity required by national or provincial
legislation to be audited by the Auditor-General. It is the only institution that, by law, has to audit and report on how the government is spending the South African taxpayers’ money.
7. Electoral Commission of South Africa (IEC)
The Electoral Commission is an independent constitutional body which manages free and fair elections of legislative bodies and institutions through the participation of citizens, political parties and civil society in deepening electoral democracy.