Input by the Deputy Minister of Justice and Constitutional Development, the Hon. Andries Nel, MP, at the Speaker’s Webinar Commemorating 30 Years Since the Adoption of the Constitution - Theme: “Defending the Constitution: 30 Years of the Executive’s Role” 8 May 2026
Programme Director,
Honourable Speaker,
Representatives of civil society organisations, labour federations and NEDLAC,
Fellow Members of Parliament,
Distinguished guests,
Fellow South Africans,
Speaker, thank you for the invitation to participate in this important national reflection marking thirty years since the adoption of the Constitution of the Republic of South Africa.
The 8th of May 1996 remains one of the defining moments in the history of our country.
On that day, the Constitutional Assembly adopted a Constitution born from struggle, building on fundamental documents such as the Freedom Charter, and the active participation of the people of South Africa.
As a young MP, I was deeply privileged to be amongst the 490 members of the Constitutional Assembly. It was a central demand of the liberation movement that the Constitution had to be written by elected representatives of the people in an open and participatory manner.
The members of the Constitutional Assembly represented the unity of South Africa’s diversity: women and men, old and young, black and white, urban and rural, workers and professionals, trade unionists, former combatants, traditional leaders, academics, civic leaders, and artists.
I found the level and intensity of public involvement, whether civil society organisations, political parties and the public at large, truly inspiring.
Whether through letters, hearings, submissions, media campaigns, town-hall discussions and direct engagements, South Africans made their voices heard, thus ensuring the inclusivity and legitimacy. Millions of people played a role in shaping the final version.
In many ways, the process itself was as significant as the outcome: it was democracy in action, a nation collectively writing its own future.
It represented not merely a legal transition, but a moral and political commitment to build a democratic society founded on human dignity, equality and freedom.
For many South Africans, the Constitution was, and remains, a solemn promise: that never again would our country be governed through oppression, exclusion and arbitrary power.
We will be celebrating this milestone under the theme: One Constitution, One Nation: Reflect, Renew, Recommit.
As we commemorate this milestone, we must recognise that constitutions do not defend themselves.
Their endurance depends on institutions, leadership, public participation and constitutional culture.
The Executive, alongside Parliament, the judiciary and civil society, carries a profound responsibility to uphold and advance the values contained in our constitutional order.
Over the past three decades, the democratic Executive has played a central role in transforming the South African state from an instrument of apartheid into a constitutional state accountable to the people.
This transformation has not been abstract.
It has involved the repeal of unjust laws, the creation of democratic institutions, the expansion of socio-economic rights, and the construction of a legal framework grounded in accountability and equality.
Under constitutional democracy, government authority is no longer exercised through parliamentary sovereignty unchecked by rights.
Instead, all public power is constrained by the Constitution and subject to judicial scrutiny, transparency and democratic oversight.
This constitutional architecture fundamentally changed the culture of governance in South Africa.
The Executive has had to learn, and continues to learn, that constitutional governance requires more than administration. It requires justification, consultation and accountability.
The Constitution also placed positive obligations on the state.
It requires government not only to respect rights, but to progressively realise them.
This has shaped policy and legislation across every sphere of government — from housing and healthcare to labour protections, education, social security and access to justice.
Much progress has been made.
Millions of South Africans today enjoy access to housing, electricity, clean water, social grants and healthcare services that were systematically denied to the majority before 1994.
Labour rights entrenched in section 23 of the Constitution have strengthened workplace protections and collective bargaining. Constitutional jurisprudence has advanced the rights of women, children, persons with disabilities and vulnerable communities.
Importantly, constitutional democracy has also enabled citizens and civil society organisations to hold the Executive accountable through the courts, Chapter 9 institutions and public advocacy.
That accountability is not a weakness of government. It is one of the great strengths of constitutional democracy.
Indeed, one of the most remarkable features of our constitutional journey has been the emergence of a vibrant constitutional culture in which courts, Parliament, civil society organisations, labour formations and ordinary citizens actively engage in defending constitutional values.
The organisations participating in this webinar, including those involved in public interest litigation, civic education, budget oversight and socio-economic rights advocacy, have all contributed meaningfully to deepening constitutional democracy in our country.
Their work reminds us that the Constitution belongs not to government alone, but to the people of South Africa.
At the same time, thirty years later, we must speak honestly about the challenges confronting our constitutional project.
Poverty, inequality and unemployment remain severe.
Gender-based violence continues to undermine the dignity and safety of women and children.
Corruption and state capture damaged public institutions and weakened public trust.
Many communities still experience inadequate access to basic services and justice.
These realities test the credibility of constitutional democracy.
They remind us that political freedom without social and economic transformation remains incomplete.
The task before the Executive today is therefore not only to defend the constitutional order institutionally, but to ensure that constitutional rights are experienced materially in the daily lives of our people.
Defending the Constitution means strengthening ethical governance and building capable institutions.
It means ensuring that the rule of law applies equally to all.
It means protecting the independence of the judiciary and Chapter 9 institutions.
It means ensuring that public resources are used honestly and effectively.
It means building a professional public service committed to constitutional values.
And critically, it means renewing the social compact envisioned by our Constitution through active partnership between the state, labour, business and civil society.
The constitutional vision of South Africa was never intended to be static. It is a living project requiring each generation to deepen democracy and expand justice.
As government, we therefore welcome robust public debate, democratic activism and constructive criticism. Constitutional democracy thrives when citizens participate actively and institutions remain accountable.
Programme Director,
As we look ahead to the next thirty years, we must continue building constitutional literacy, especially among young people who did not experience apartheid directly.
We must defend democratic institutions against cynicism, populism and disinformation.
And we must continue striving for a society in which the promises of the Constitution are not theoretical ideals but lived realities.
The Constitution remains our national covenant.
It continues to provide the framework through which diversity can coexist with unity, power can be exercised with accountability, and justice can be pursued peacefully and democratically.
Thirty years ago, South Africans chose constitutionalism over conflict, democracy over authoritarianism, and human dignity over oppression.
That choice continues to define us.
Let us therefore recommit ourselves: government, Parliament, labour, civil society and citizens alike, to defending, advancing and realising the transformative vision of our Constitution.
In the spirit of the theme “One Constitution, One Nation: Reflect, Renew, Recommit” I request that everyone join in reciting 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.”
I thank you.
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