CONSTITUTION @ 30: The Constitution’s promise is still contested and still unfinished
Thirty years into democracy, South Africa’s Constitution remains both a landmark achievement and a measure of what has yet to change. Mbali Ntuli, Mbekezeli Benjamin and Sizwe Mpofu-Walsh agreed that its promises remained unfulfilled, but differed on where the main failure lay: unequal economic power, weak implementation, or the design of the constitutional order itself.
Thirty years after the dawn of democracy in South Africa, the Constitution remains both a testament to the nation's progress and a reminder of the work that still lies ahead. While the promise of equality and dignity are enshrined within its pages, the reality for many South Africans remains far from fulfilling. The Constitution, according to Mbali Ntuli, founder of the civic organisation Ground Work Collective, has indeed delivered on political freedom.
However, opportunities are not distributed equally, with birthplace, family income, education, and community playing a significant role in shaping a person's prospects.
For Ntuli, the gap between the promise of the Constitution and the lived reality can be identified as a source of frustration within South African society. While she does not attribute this frustration solely to the Constitution, she does argue that its implementation, corruption, and inadequate support have hindered progress. She believes that rights become meaningful when people can use them to shape their lives, and advocates for stronger accountability between voters and their representatives.
Mbekezeli Benjamin, a research and advocacy officer at Judges Matter, echoes the sentiment that the Constitution still points towards a more equal society. However, he attributes the failures to the systems meant to realise its promise, rather than the text itself. Despite widespread poverty, unemployment, and a failure in land restitution, Benjamin notes that South Africans can now vote, protest, and criticise those in power with far less fear of reprisal.
He also highlights progress in areas such as same-sex adoption and marriage, school meals, and education, water, and electricity access.
Sizwe Mpofu-Walsh, an academic and podcast host, argues that while the Constitution has achieved some notable successes, it remains far below the mark. He attributes the unfulfilled promises to government failures, the influence of economic elites, and the inability to deliver basic services. However, he encourages South Africans to continue protecting the Constitution's achievements without treating it as untouchable.
Mpofu-Walsh stresses the importance of active engagement, careful leader selection, and holding various spheres of government accountable to ensure the Constitution's promises are fulfilled.
Written by urgent.news from Daily Maverick's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
