ANDRIES NEL

On May 8 1996, South Africa’s Constitutional Assembly adopted the country’s new constitution — a moment that reverberated far beyond the halls of parliament.

Many people forget that while the interim constitution was the product of political negotiations, the final constitution was truly created by the people of our country.

After South Africa’s first democratic elections in 1994, the newly elected parliament formed the Constitutional Assembly, which was responsible for crafting the final constitution of 1996.

The 1996 constitution had to comply with 34 constitutional principles — principles which were agreed to as “non-negotiables” during the transitional negotiations — and the Constitutional Court would ultimately have to decide whether the constitution passed the test.

The creation and drafting of the 1996 constitution was the culmination of two years of intense negotiations, compromise and, most importantly, unprecedented public participation.

As a young MP and member of the Constitutional Assembly, the level and intensity of public involvement — whether civil society organisations, political parties or the public at large — were immense and inspiring. Whether through letters, hearings, submissions, media campaigns, town hall discussions and direct engagements, South Africans made their voices heard, thus ensuring inclusivity and legitimacy. Millions of people played a role in shaping the final version.

In many ways, the process was as significant as the outcome: it was democracy in action, a nation collectively writing its own future.

At the same time, the mood in the country was one of exhilaration and hope. After decades of apartheid, the constitution was embraced as a promise of renewal. It was hailed as a document that would be able to bind together a fractured society and enshrine the values of equality, human dignity and freedom.

For millions of South Africans, it was not just a legal framework or the supreme law of the country but rather a statement that the injustices of the past would not be repeated and that the new South Africa would be built on justice, freedom and human rights.

The hopes and dreams invested in the constitution were immense. It sought to heal divisions, guarantee fundamental rights, and establish a system of checks and balances between the legislature, executive and judiciary. It built legitimate and trusted democratic institutions.

Ultimately, as we celebrate its 30^th birthday, the fundamental question we must answer is the same question posed by President Cyril Ramaphosa at the adoption of the constitution on May 8 1996, when, as chairperson of the Constitutional Assembly, he said: “People will ask what can be said about this constitution.”

What can be said about this constitution 30 years after its birth?

The constitution was designed to be a living document, adaptable to the needs of a changing society, while remaining rooted in democratic values.

The constitution has brought with it a range of human rights and fundamental freedoms which sought to end all forms of oppression.

It has created and enshrined freedoms that had long been denied to the majority of South Africans. It is the ultimate protection against the abuse of power.

The constitution was designed to be a living document, adaptable to the needs of a changing society, while remaining rooted in democratic values.

Over the past 30 years, the constitution has achieved remarkable successes.

South Africa has held a number of free and fair elections under its framework, ensuring democratic stability. The courts have consistently upheld human rights, from freedom of expression to gender equality, and landmark rulings have shaped the country’s social fabric and given significant access to human rights and justice. Through justiciable socio-economic rights, millions of people were given access to education, basic services, water, sanitation, housing and healthcare services.

Internationally, our constitution is admired as one of the most progressive in the world, a model for nations seeking to entrench human rights and democracy. Domestically, it remains a source of pride, even as citizens grapple with the gap between its promises and the realities of daily life.

This does not mean that we should not look critically at the constitution.

No constitution anywhere in the world can, in and of itself and by its mere existence, erase the deep economic inequalities left by decades of colonialism and apartheid. Poverty, unemployment and crime continue to challenge our resolve as a nation. Gender-based violence and corruption further strain the ideals envisaged in the constitutional text. These are challenges which we need to confront daily.

The constitution’s legacy is commemorative and critical. It is a celebration of a nation’s rebirth, of the courage to imagine a new society based on the will of the people, improving the quality of life and freeing the potential of each person.

But it is also a reminder of the unfinished work — of the persistent inequalities, the challenges of governance, and the need to continually renew and recommit to our democratic project.

Thirty years on, the constitution endures as a living document, guiding South Africa through triumphs and trials and reminding us of how far we have come as a nation and how much further we must still go.

As we celebrate 30 years of the adoption of the constitution, we are reminded that our constitution is a source of pride and inspiration and also a mirror that reveals our country’s ongoing challenges. We need to honour the achievement of 1996 while acknowledging the complexities of building a truly equal society.

This significant milestone presents a profound opportunity for South Africa to take stock and chart a renewed course for the next three decades of democratic consolidation.

The constitution has served as a legal foundation and a moral compass, guiding the nation through turbulence and triumph, transformation and trial. Yet, its continued vitality depends not only on institutions but also on the daily confidence and participation of the people.