Opening Remarks by Deputy Minister of Justice and Constitutional Development, Hon Andries Nel, at a Ministerial Stakeholder Engagement with the Legal Profession
Programme Director, Mr Isaac Chowe,
The Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi,
The Acting Director-General of the Department of Justice and Constitutional Development, Ms Kalayvani Pillay,
The Acting Solicitor-General, Mr Felix Mbeki,
The CEO of the Legal Sector Charter Council, Ms Charity Nzuza,
Ms Nokuthula Khumalo from the South African Women Lawyers Association,
Mr Zincedile Tiya, the Secretary of Nadel,
Mr Nkosana Mvundlela, the President of the Black Lawyers Association,
Mr Manchini Motloung, the President of LSSA,
Members of the legal profession,
Distinguished guests and friends,
Good morning.
We ask that we all rise, whether in body or in spirit, to recite the Preamble to the Constitution of the Republic of South Africa:
We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to
- Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
- Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
- Improve the quality of life of all citizens and free the potential of each person; and
- Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
We welcome everyone present here today and thank you for the alacrity and enthusiasm with which you have responded, at such short notice, to join us in discussing the important and urgent constitutional imperative of transforming the legal profession.
Indeed, the transformation of the legal profession is inextricably linked to the realisation of the values and objectives outlined in the Preamble to the Constitution.
Our Constitution is both revolutionary and transformative.
Guided by the Constitution, South Africa’s political and legal landscape has been profoundly transformed into a constitutional democracy.
The Constitution is progressive because it not only recognises the injustices and inequalities of the past but places an obligation on government and citizens – women and men, young and old – to work to “heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights”.
We need to transform our society to transform the legal profession, and we need to transform the legal profession to transform our society.
The Department of Justice and Constitutional Development has a mandate to promote constitutional values, the rule of law, and human rights.
Central to this mandate is ensuring transformation within the legal profession in-line with the prescripts of the Constitution.
The Department remains committed to this mandate.
In the spirit of building a “democratic and open society in which government is based on the will of the people and every citizen is equally protected by law” Minister Kubayi has convened this stakeholder engagement to provide legal practitioners with a progress report on the work of the Department of Justice and Constitutional Development, and the Office of the Solicitor-General in particular, in driving transformation and empowering previously disadvantaged professionals.
In 2022, Cabinet approved the Briefing and Outsourcing of State Legal Work Policy.
This policy aims to achieve the following objectives:
- Giving effect to constitutional objectives by promoting effective and sustainable economic participation within the legal profession.
- Establishing a uniform approach to briefing and outsourcing by implementing empowerment mechanisms for historically disadvantaged practitioners, with a specific focus on women.
- Ensuring the equitable allocation of legal work through clear regulatory systems and specific targets for briefs issued by the Offices of the State Attorney (OSA).
Appropriately, this dialogue takes place as we celebrate the 30th anniversary of the adoption of the Constitution in 1996.
We will celebrate this milestone under the theme: “One Constitution; One Nation: Reflect, Renew, Recommit.”
The commemoration must be a national civic renewal campaign: a coordinated, multi-sectoral programme that reaffirms constitutionalism as the cornerstone of national identity and as a living instrument for justice, equality, and development.
Cabinet has adopted a programme providing for a yearlong, whole-of-government and whole-of-society celebration. Its goals include:
- Celebrate and reaffirm constitutional values.
- Educate and engage citizens, especially the youth.
- Reflect and evaluate the performance of democracy.
- Promote the rule of law in everyday life.
- Strengthen institutional trust and accountability.
- Foster national unity and social cohesion.
- Recommit to transformation of our society.
Just like the constitution-making process itself, this year’s national commemoration must be an inclusive initiative, by involving multiple stakeholders, including government departments, Chapter 9 institutions, civil society, academia, organised labour, business, traditional and religious leaders, youth formations, and educational institutions.
The programme will include public dialogues, civic education, cultural events, youth engagements, symbolic events at historic sites and other community driven initiatives to deepen constitutional awareness and social cohesion.
This is why we want to encourage the legal profession to join us in these events and discussions and to organise – within your own structures – events, engagements, dialogues and, very importantly, community outreach and social investment projects and programmes to strengthen access to justice, to uphold the rule of law and to further advance constitutional values.
Whether it’s through assisting in National Wills Week, or mentoring learners for the National Schools Moot Court Competition, or becoming Commissioners in our Smalls Claims Courts, or assisting your local Community Advice Office, there are many ways in which the profession can get involved and can further contribute to the spirit and the ideals of our Constitution.
We have much to celebrate, we also have much to be concerned about and to reflect on.
This 30th anniversary takes place amid increasingly strident attacks on constitutional values, the rule of law and a rules-based international order.
Across the world, the values of democracy, equality, equity, inclusion, human solidarity, gender equality, and social justice are under attack.
When the President of a country stands up and launches an unbridled attack on the Supreme Court of his country after it declared his imposition of tariffs to be unconstitutional and says: "They're just being fools and lapdogs for the Rhinos and the radical left Democrats” and then proceeds to claim, without providing any evidence, that "It's my opinion that the court has been swayed by foreign interests.”
He then launches personal attacks on two of the judges, which he appointed, saying: “I’m ashamed of certain members of the court – absolutely ashamed – for not having the courage to do what’s right for our country” and that “I think it’s an embarrassment to their families, you wanna know the truth, the two of them.”
These sentiments are echoed by his Vice President who said that: “This is lawlessness from the Court, plain and simple.”
It cannot, therefore, surprise us then when that President’s ambassador says about our own Constitutional Court: "I don't care what your courts say."
These words might have been withdrawn by the mouth, but time will tell whether they have been withdrawn in the heart as well.
Unfortunately, we are not without challenges at home.
The 2025/26 IEC Voter Participation Survey conducted by the Human Sciences Research Council (HSRC) for the Independent Electoral Commission (IEC) was released in March 2026.
It concludes that the 2026 Local Government Election (LGE) is being planned in the most challenging pre-electoral climate observed over the last thirty years, marked by high levels of pessimism, frustration and disengagement and geographic disparities in patterns.
The Survey identifies the following trends:
Firstly, widespread disillusionment with political leadership persists, leading to growing demands for more decisive, authoritarian approaches to governance.
- Popular support for democracy is at a historic low: preference for democracy fell from around 65% in mid-2000s to 36% in 2025/26. Support for democracy as the preferred system it is not a majority view in any province (range: 28%-46%), indicating that commitment to democracy is present but not dominant.
- A fatalistic view that holds that the type of political regime ‘does not matter’, as opposed to authoritarianism, is rising fastest, growing to 34% in 2025/26.
- Openness to non-democratic alternatives is increasing - more than one in four (26%) now see non-democratic options as acceptable in 2025/26 (the highest recorded to date). Support for non-democratic alternatives is notable (19%-33%) and particularly high in KwaZulu-Natal (33%) and Mpumalanga (30%).
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The openness to non-democratic alternatives is characterised by, amongst others, belief in:
(aa) Strong, decisive leadership: 71% believe our elected leaders should be strong and tough rather than sensitive and tender.
(bb) Instrumental authoritarianism: a notable minority supports leaders acting without institutional or procedural constraints.
(cc) Rule-breaking: 35% believe elected leaders should be prepared to break the rules to get things done.
(dd) Executive autonomy: 23% feel elected leaders should be able to make decisions without consultation.
(ee) Ignore courts: 26% feel elected leaders should ignore laws/court decisions they believe are wrong.
These trends must concern all of us, both as citizens and as lawyers.
The fundamental assertion of the Universal Declaration of Human Rights that, “… the inherent dignity and … the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” is under threat.
These universal values are enshrined in the Freedom Charter and the Constitution of the Republic of South Africa.
This attack seeks to delegitimise any government that aims to address inequalities, whether between nations, communities, genders, races, and individuals – including the transformation of the legal profession.
It seeks to undermine the existing rule-based order in the world, and return human civilization to an era of might, privilege, and subjugation.
The vast majority of South Africans, and indeed of global humanity, embrace these values of freedom, equality, non-racialism, non-sexism, and human solidarity.
However, there is an increasingly vocal minority in our country that make common cause with this global attack and actively propagate falsehoods.
Their aim is to undermine South Africa’s constitutional democracy, non-racialism, non-sexism, and the transformation project.
They employ multifaceted tactics, including the propagation of blatant falsehoods such as claims of “white genocide,” to attract sympathy and solidarity from global racist movements and individuals.
Reversing the gains of democracy by any means has become an increasingly open objective of domestic anti-transformation forces and their global allies.
Therefore, given these challenges, the current situation demands that we build the broadest united front to defend, consolidate and advance our constitutional democracy and status as a sovereign country in the family of nations.
We must defend and advance the Constitution and the institutions of our constitutional democracy and ensure that they work for all South Africans.
We must defend and advance the rights of workers, the unemployed, the informal sector, small businesses, professionals, farmers, and the middle class.
We must defend and advance quality basic services and the expansion of housing, education, healthcare, electricity, water, sanitation, the social security net, roads, broadband services, infrastructure, and access to justice to millions of South Africans.
The Preamble to our Constitution enjoins us to: “Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.”
Sovereignty is based on the fundamental principle that every state has the right to govern its own territory and decide on its internal affairs without any foreign interference.
Defence of our sovereignty must be rooted in dignity, common values, and national pride among all South African citizens.
The 30th Anniversary of the Adoption of the Constitution presents an opportunity for South Africa to take stock and chart a renewed course for the next three decades of democratic consolidation.
Yet, its continued vitality depends not only on institutions but on the daily lived experiences of people.
We must use this as an opportunity to educate and empower citizens, especially young people, on the Constitution, on their rights and responsibilities as citizens, and how they can enforce these rights.
That is why this year we will promote the reading of the Preamble at schools and public events; host dialogues, moot courts, and youth debates; translate constitutional materials into all languages, braille, and audio formats; and mobilise the creative sector to tell the stories of ordinary people whose lives have been transformed by constitutional justice.
Constitutional literacy must become the property not only of lawyers, but of learners, workers, students, traditional leaders and faith-based communities.
Only when every person understands their rights, and respects the rights of others, can social justice truly take root.
We urge all members of the legal profession to play an active role in this campaign.
We look forward to a vibrant and constructive engagement.
We thank you.
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