Ramaphosa urges renewed commitment to constitutionalism at 30th anniversary of Constitutional Court

News24

4 hours ago

President Cyril Ramaphosa calls for continued recognition of the Constitutional Court's role in upholding democracy.
He noted the gap between the Constitution's promises and the daily struggles of many South Africans, especially regarding basic service delivery.
Ramaphosa confirmed steps to ensure judicial independence, including giving the judiciary control over its own budget and operations.
As the country marked the 30th anniversary of the establishment of the Constitutional Court, President Cyril Ramaphosa has called on all sectors of South African society to recommit to the principles of constitutionalism.
Speaking at Constitution Hill in Johannesburg on Friday, Ramaphosa said the occasion was not only a celebration, but also an opportunity for reflection and renewed purpose.
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'The Constitutional Court was established as a bold response to a painful past, a past in which the law was used to exclude, repress and divide,' Ramaphosa said. 'Thirty years later, this institution continues to serve as a cornerstone of our democracy.'
He paid tribute to the founding justices and legal professionals who had helped shape the court's jurisprudence in its formative years.
Reflecting on the symbolism of the court's location on the site of an apartheid-era prison and military fort, Ramaphosa said the institution represented a transformation of justice in South Africa.
This building, once a place of suffering, now houses a court that upholds dignity, equality and freedom.
Cyril Ramaphosa
Ramaphosa recalled his role as chair of the Constitutional Assembly when the Constitution was adopted in 1996. He likened the document to a birth certificate for the nation, affirming its identity, legitimacy and access to rights. Without it, he said, the country would be 'cast adrift and vulnerable to the excesses of unchecked power'.
The president acknowledged the court's legacy in shaping democratic life and delivering key judgments on housing, healthcare and equality. He highlighted landmark rulings such as the abolition of the death penalty in S v Makwanyane, the right to housing in the Government of the Republic of South Africa v Grootboom, and access to HIV treatment in Minister of Health v Treatment Action Campaign.
These were not just legal decisions; they changed lives and contributed to building a more inclusive society.
Ramaphosa
The president was candid about the continuing challenges facing constitutionalism in South Africa. He pointed to the gap between the rights promised in the Constitution and the lived reality of many citizens, citing persistent inequality, service delivery failures and delays in the implementation of court orders.
'The irony of praising judgments that affirm socioeconomic rights, while the state must be compelled to fulfil them, is not lost on us,' he said. 'People should not have to go to court to access basic services.'
He noted that, while the judiciary had remained largely resilient in the face of political and societal pressures, systemic challenges continued to affect its ability to function effectively. The Constitutional Court, in particular, has faced mounting caseloads since its jurisdiction was expanded in 2013 to include matters of general public importance.
In response, Ramaphosa announced progress in addressing judicial independence and institutional support. He confirmed that the judiciary would soon enjoy full independence, with control over its own budget and administration – a long-standing concern among legal stakeholders.
'This anomaly in our constitutional architecture is being resolved,' he said.
The judiciary will now stand as an equal branch of the state, alongside the executive and the legislature.
Ramaphosa
Budget allocations for 2024/25 have included funding for court services and judicial training, and to fill vacancies.
Ramaphosa reaffirmed government's commitment to supporting the judiciary through infrastructural, financial and administrative means.
He also acknowledged the role of civil society, legal practitioners and the public in upholding the rule of law. 'The court derives its legitimacy from the public's confidence in the justice system.'
Ramaphosa concluded by urging all South Africans to ensure that the values enshrined in the Constitution continued to define the country's national identity.
'As we look to the next 30 years, we must ensure that the Constitutional Court remains a living institution, principled, responsive and rooted in human dignity.'
He paid tribute to former president Nelson Mandela, who inaugurated the court in 1995, saying: 'He would be proud that this institution continues to serve the people with strength and integrity.'