Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development, at a Seminar and Exhibition of the 30th Celebration of the Constitution, hosted by the South African Judicial Education Institute (SAJEI), held at Freedom Park, Friday 26 June 2026
Programme Directors: Justice Nicholls and Judge President Mphahlele,
Deputy Chief Justice of the Republic of South Africa, Deputy Chief Justice Dunstan Mlambo,
President of the Supreme Court of Appeal, President Mahube Molemela,
Justices of the Constitutional Court and of the Supreme Court of Appeal,
Judges President and Deputy Judges President present here today,
Esteemed Colleagues of the South African Judiciary and our special guests from the eSwatini Judiciary,
Retired Chief Justice of the Republic of South Africa, Former Chief Justice Raymond Zondo,
Members of the Diplomatic Corps,
Members of the Council of the South African Judicial Education Institute,
Members of the Council of Freedom Park,
The Acting Secretary-General of the Office of the Chief Justice, Adv Potgieter,
CEO of Freedom Park, Dr Mufamadi,
The CEO of SAJEI, Ms Shimase,
Members of the legal profession,
Members of academia,
Representatives from various Government Departments and Chapter 9 Institutions,
Representatives from various Civil Society Organisations;
Members of the media;
Esteemed guests, colleagues and friends,
Good morning.
It is a deeply moving experience to stand before you at Freedom Park on 26 June, the day on which the Freedom Charter was adopted at the Congress of the People held at Kliptown in 1955, to share in reflecting on the journey of our Constitution and the sacred duty we share in safeguarding constitutional democracy and judicial independence.
The Freedom Charter contains many of the values and objectives contained in the Constitution of the Republic of South Africa.
This year we celebrate the 30th Anniversary of the adoption of our Constitution.
We do so under the theme "One Constitution, One Nation: Reflect. Renew. Recommit."
I respectfully request that we all rise, whether in body or in spirit, and 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."
The Preamble is a powerful reminder of where we come from, who we are, and the values that inform what we seek to become as a nation.
Today's seminar and exhibition conceptualise the Constitution as a "living memory" – and indeed it is.
It is a covenant - born of the struggle, shaped by negotiation, and sustained over time through jurisprudence, dialogue, and public participation.
Today we gather not only to celebrate thirty years of our Constitution, but to also honour the living memory of those who shaped it with courage, sacrifice, and conscience.
As we reflect on the shift from parliamentary sovereignty to constitutional supremacy, we also paused at the Wall of Names and in the solemn act of wreath laying, to remember the judges, the advocates, and the activists who gave the law a human face.
Their stories, their lives and their legacies remind us that justice is not abstract, but lived; not distant, but carried in the choices and commitments of those who stood for dignity, equality, and freedom.
In honouring them, we recommit ourselves to ensuring that the Constitution remains a shield for rights, a compass for justice, and a living project for generations to come.
The 30th Anniversary of the adoption of the Constitution
The Constitution has served as both a legal foundation and a moral compass, guiding us through turbulence and triumph, transformation, and trial.
The commemoration of its 30th Anniversary must therefore 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.
Just like the constitution making process, the national commemoration is an inclusive initiative involving multiple stakeholders, including government departments, Chapter 9 institutions, civil society, organised labour, business, youth formations, educational institutions – and those who are the very guardians of our constitutional democracy – the judiciary.
The continued vitality of the Constitution depends on the confidence and participation of the people of our country as well as the resilience of our democratic institutions.
Thirty years ago, South Africa emerged from the shadows of oppression into the light of freedom.
The Constitution we adopted was not merely a legal framework; it was the culmination of generations who dared to dream of justice, equality, and dignity.
It was the voice of those who marched in defiance, who languished in prison cells, and who sacrificed their lives so that future generations might live free.
Our Constitution ensures that never again shall the will of the powerful silence the rights of the vulnerable.
But this does not mean that we will not be confronted with challenges which test the mettle of our constitutional democracy.
As a country we are facing many challenges – we cannot shy away from that reality.
We need to address those challenges openly and honestly.
Many South African have raised concerns about migration and illegal immigration. They are asking difficult but legitimate questions.
They are concerned about jobs. They are concerned about pressure on public services. They are concerned about safety, security and the rule of law.
These concerns are real and they need to be addressed – and President Ramaphosa has done so in his address to the nation on 7 June.
Too many communities are experiencing poverty and inadequate access to opportunities.
In such circumstances, frustration can easily be directed at those perceived to be competitors for jobs and resources.
Yet we must recognise that illegal immigration is not the cause of all our economic challenges. We need economic growth, greater investment and the creation of millions of new jobs.
As a democracy, we have welcomed visitors to our country.
In line with our international obligations and our constitutional values, we accept people from other countries in need of protection from wars and violence.
Like every other country in the world, we have laws that determine who can come to our country, what they can do here and how long they can stay.
The basic principle is that every person within the borders of South Africa should be here legally.
Every person who works in our country must be legally permitted to work.
Every person who runs a business here must be legally permitted to run a business.
The challenge we have is that some people have migrated to our country irregularly and are here illegally.
South Africa has a right to implement policies and measures that prevent irregular migration.
South Africa is committed to protect, uphold and advance the human rights of all people in our country, whether citizens or foreign nationals.
The responsibility for enforcing immigration laws rests with the state and the state alone and only authorised government officials may act against violations of the law, including violation of our immigration laws.
No other person is allowed to confront someone to demand proof of nationality.
South Africans are not xenophobic as there is no space for xenophobia, racism, sexism, Afrophobia or any other forms of intolerance in South Africa.
We must not be tempted to join those who want us to turn against people who were not born in South Africa and who are in our midst.
We will not allow groups to use the legitimate concerns of South Africans to destabilise our country through inciting lawlessness and violence.
We will act against forces who are exploiting the concerns of our people about illegal immigration to further their own political, personal or criminal agendas.
At the same time, we can all agree that illegal immigration is a significant challenge.
As a country we need to work together – in accordance with our Constitution, our laws and our international obligations – to tackle illegal immigration. But we must do so without resorting to violence, intimidation, victimisation or xenophobia.
We are not taking a passive approach to the planned public protests of 30 June.
On the contrary, Government is implementing extensive intelligence-led, operational, intergovernmental and public-awareness measures aimed at preventing violence, maintaining public order, protecting constitutional rights and safeguarding all persons within the country.
We are committed to protecting lawful and peaceful protest while acting decisively against any unlawful conduct, vigilantism, intimidation, xenophobic violence or criminal activity that may arise.
We will, at all times, adhere to provisions of the Constitution and the law.
The role of the judiciary
At the heart of our Constitutional covenant lies the judiciary.
I want to quote the profound words of Chief Justice Madisa Maya at the J20 Summit of Heads of Constitutional Courts and Supreme Courts in September 2025, when she said –
"The Judiciary has always been the sentinel of society, the neutral ground upon which the powerful are held to account and the vulnerable find their voice.
We are the custodians of the social contract, entrusted with the sacred duty to interpret not only the letter of the law but also its spirit - the timeless pursuit of fairness, equity, and truth.
And on our watch, the instruments of justice upon which humanity relies to maintain social order and prosperity of her nations are most ruthlessly tested by a new and alien class of challenges, challenges that are amorphous, borderless, and are evolving at a pace that often outstrips the deliberate cadence of the law.
It is now not so unusual for our courtrooms to adjudicate cases that involve interests straddling continents. Our court rolls abound with disputes born in the digital realm and difficult social dysfunction and our precedents must wrestle realities which those who came before us could never have imagined."
We cannot celebrate the 30th Anniversary of the Constitution without affirming that independent, impartial and fearless courts are the very guardians of the Constitution.
They are the bulwark against tyranny, the shield against corruption, and the voice of justice when all others fall silent.
Our courts have brought us groundbreaking judgments which have changed the lives of people and of communities in significant ways.
They have held other arms of the State to account.
In his address at the inauguration of the Constitutional Court in 1995, the late President Mandela said –
"Constitutionalism means that no office and no institution can be higher than the law. The highest and the most humble in the land all, without exception, owe allegiance to the same document, the same principles. It does not matter whether you are black or white, male or female, young or old; whether you speak Tswana or Afrikaans; whether you are rich or poor or ride in a smart new car or walk barefoot; whether you wear a uniform or are locked up in a cell.
We all have certain basic rights, and those fundamental rights are set out in the Constitution."
He also reminded the judiciary of the fundamental importance of their task and that our constitutional democracy rests on their shoulders. He said –
"The authority of government comes from the people through the Constitution. Your tasks and responsibilities, as well as your power, come to you from the people through the Constitution. The people speak through the Constitution.
The Constitution enables the multiple voices of the people to be heard in an organized, articulate, meaningful and principled manner. We trust that you will find the means through your judgments to speak directly to the people.
…
When we look at you, we see for the first time the many dimensions of our rich and varied country. We see a multiplicity of backgrounds and life experiences. …
You will be dealing with the rights of millions of ordinary people. The Constitution which you will be serving is the product of their sacrifice and belief."
For the judiciary to fulfil this monumental task and strengthen constitutional democracy, it requires judicial independence.
But judicial independence does not exist in isolation.
It requires the active support of the state and the integrity of the other branches of the State. Without this, independence risks becoming fragile, vulnerable to erosion by neglect or interference.
The state must be more than a custodian of power; it must be a servant of the people.
Its role in strengthening judicial independence is threefold:
- Respect for judicial authority: ensuring that executive and legislative actions remain subject to constitutional review.
- Provision of resources: enabling courts to function effectively, free from financial or political constraint.
- Protection of judges and magistrates: safeguarding them from intimidation, ensuring their independence is not compromised by external pressures.
The state must not merely avoid interference; it must actively cultivate conditions in which judicial independence flourishes.
The public service is the daily face of the state. It is in the actions of civil servants that individuals and communities encounter the Constitution in practice. To support judicial independence and to strengthen our courts, government must –
- Implement court orders faithfully, without delay or obstruction.
- Operate with transparency and accountability, reducing the burden on courts to resolve disputes born of maladministration, and
- Embed constitutional literacy among officials, ensuring that respect for the rule of law permeates every level of governance.
- A professional and ethical public service is not a luxury; it is a necessity for the survival of our constitutional democracy.
Challenges we continue to face as a nation
In addition to illegal immigration, which I referred to earlier, we must also acknowledge other challenges that persist: poverty, inequality, unemployment, and corruption.
These are not abstract statistics; they are lived realities that test the resilience of our constitutional democracy.
When governance falters, courts are called upon to intervene.
But judicial independence cannot be sustained if it is constantly burdened by failures in administration. Strengthening democracy requires addressing these systemic weaknesses at their root.
We are reminded of the words of President Ramaphosa when he said, at the 30th Anniversary of the Constitutional Court –
"The reality we must confront is that there are significant challenges with constitutionalism today. There is a disconnect between the promise of our constitution and the lived realities of South Africans.
The promise of the Constitution is far from fully realised. Persistent inequality, threats to judicial independence, lack of implementation of court orders, and erosion of trust in institutions remain pressing challenges.
The advancement of socio-economic rights is not as far as we wish it to be, particularly with respect to housing and basic services.
It will forever remain a blight on our democracy that the applicant in the ground-breaking Grootboom judgment, Ms. Irene Grootboom, died in 2008 without her dream of a decent house being fulfilled.
Deepening respect for constitutionalism across all sectors must start with the state.
We must acknowledge the troubling irony of lauding the Constitutional Court's progressive judgments on one hand, especially on socio-economic rights, with the reality that the state apparatus has in many of these cases had to be compelled by this very court to fulfil its obligations.
This points to widespread and systematic shortcomings in service delivery that must be addressed. Our people should not have to resort to litigation to have their rights realised, and this is the paramount consideration."
The President also referred to the importance of judicial independence.
The Constitution establishes a democracy based on the supremacy of the Constitution protected by an independent Judiciary.
Judicial independence has two components: individual independence and institutional independence. Institutional independence can only be achieved if the Judiciary enjoys structural, financial, operational and perceived independence.
The notion of institutional independence is related to the doctrine of separation of powers and refers to the duty of all institutions to respect the fact that independence is guaranteed.
This means that the judiciary has to be independent of the other branches of state, namely the executive and parliament, which, like all other State institutions, have a duty to respect and abide by judgments and decisions of the judiciary.
The doctrine of separation of powers, the independence of the judiciary and the supremacy of the Constitution lie at the heart of South Africa's constitutional democracy – in fact, the doctrine of separation of powers constituted one of the 34 Constitutional Principles which became the building blocks of the Constitution.
The President, the Minister of Justice and Constitutional Development and I have all publicly stated Government's unwavering commitment to a single judiciary and a judicial-led court administration model.
Over the years steps have been taken to affirm the judiciary's independence.
In 2009 the then Chief Justice, Chief Justice Ngcobo, initiated a series of structural reforms aimed at securing institutional judicial independence and in 2010 we saw the creation of the Office of the Chief Justice.
The Constitution 17th Amendment Bill and the Superior Courts Act were both enacted within the broader context of rationalising the structure and management of the Superior Courts and made it expressly clear that the Chief Justice is the Head of the Judiciary.
In 2013 then Chief Justice Mogoeng submitted to the then Minister of Justice and Constitutional Development a Report titled: Capacitating the Office of the Chief Justice and Laying Foundations for Judicial Independence: The next frontier in our constitutional democracy: judicial independence (often referred to as the Institutional Models Report). The Institutional Models Report reflected the views of the Judiciary on the subjects of judicial governance and court administration.
In June 2025 the Executive, led by President Ramaphosa, met with the Judiciary to discuss government's commitment to the attainment of the independence of the Judiciary.
The transition towards Judicial institutional independence is at an advanced stage and R883 million is being transferred from the DoJ&CD to the OCJ over the medium term to allow the Judiciary greater control over its own administrative and financial functions.
In addition, R687 million has been allocated to increase judicial capacity, aimed at improving court operations, administrative support and the efficiency of the court system.
This financial allocation must also be understood in the context of the phased in approach transition towards a single judiciary and a judicial-led court administration model.
Government has committed to transforming the Judiciary into a fully independent arm of state, ending the current arrangement where court administration is controlled by the Department of Justice and Constitutional Development, and affirming that judicial independence is a constitutional imperative.
Government remains committed to advancing judicial institutional independence in a manner that is responsible, orderly and sustainable. In this regard, consultations have commenced with relevant stakeholders to build stable, credible and accountable administrative, governance and financial capabilities required to support a stronger and more independent institutional model - whilst ensuring continuity in court operations and maintaining public confidence in the court system.
Phase 1 of the transition took effect on 1 April 2026 and marked a significant milestone in the transfer of retained and shared services relating to the Superior Courts from the DoJ&CD to the OCJ. The services transferred to the OCJ include Security Services, comprising guarding services in the Superior Courts, close protection services to Judges facing threats to their lives, repairs and maintenance of security infrastructure in courts, cash-in-transit services, and reimbursement of Judges for security measures installed at their private residences. It also includes Facilities Management Services, such as day-to-day maintenance, planned maintenance, minor capital works, lease management, municipal services, and user changes on state-owned facilities.
Phase 2 will focus on the promulgation of enabling legislation to establish the Judiciary as a co-equal branch of government alongside the Executive and the Legislature, and this process is expected to be completed during the 2026/27 financial year.
In short, judicial independence is not the responsibility of judges alone. It is a collective duty:
- Government must ensure resources and respect for judicial authority.
- The public service must embody professionalism and constitutional values.
- Civil society, academia, communities, activists, the media and Chapter 9 bodies must remain vigilant, holding institutions accountable.
Together, we must recommit to building a capable state that supports the judiciary, our courts, the rule of law and, ultimately, constitutional democracy.
As we look to the future, let us remember: judicial independence is not a privilege bestowed by the state, but a constitutional guarantee owed to the people.
To strengthen it is to honour the sacrifices that birthed our democracy.
To defend it is to safeguard the freedoms of generations yet to come.
Another way in which we strengthen our courts and our constitutional democracy is through ongoing judicial education and training.
Strengthening constitutional literacy is a foundational component of judicial excellence and reinforces the judiciary's role in advancing transformative constitutionalism.
I want to commend the sterling work being done by SAJEI in equipping judicial officers to enhance jurisprudential development, promoting structured dialogue and continuous engagement on evolving human rights issues and enhancing innovative and context-responsive pedagogical approaches in judicial and legal training.
Strengthening collaboration between SAJEI, academic institutions, the legal profession and civil society, and benchmarking and integrating best practices from national and international judicial education programmes enriches training methodologies and content.
Strengthening our constitutional democracy through access to justice
The rule of law makes constitutional supremacy real rather than rhetorical.
It requires that power be exercised consistently, transparently, and in accordance with law rather than with discretion left unchecked.
And critically, it is not a concept confined to courtrooms or constitutional litigation.
It succeeds or fails in the daily conduct of decision-makers, of those in power, in the quality of the decisions they make, and in the willingness of institutions to be held to account without treating accountability as an imposition.
Where the rule of law is durable, people can plan their lives and vindicate their rights.
Where it is eroded, even gradually and even without deliberate intent, the constitutional promise recedes in ways that are difficult to reverse.
We live in a world where we are increasingly seeing a shift away from democratic values and a regression in human rights.
The aim seems to be to undermine the existing rule-based order in the world, and return human civilization to an era of might, privilege, and subjugation
Our Constitution commits us to build a society based on democratic values, social justice and fundamental human rights, a society in which every person is equally protected by law.
Yet we know the experience of justice is not always evenly distributed.
Many encounter the law not as protection but as distance: unfamiliar processes, complex language, unmanageable costs, and institutions that can feel alien and unapproachable.
This gap exists and persists because rights do not live only in texts; they live, or fail to live, in material conditions.
Access to land and shelter, work and income, transport and safety, education and healthcare, these conditions profoundly shape whether a person can assert a right, navigate an institution, secure representation, or sustain a claim.
As President Nelson Mandela pointed out in his "Black Man in a White Man's Court" statement in 1962:
"It is true that an African who is charged in a court of law enjoys, on the surface, the same rights and privileges as an accused who is white in so far as the conduct of this trial is concerned. He is governed by the same rules of procedure and evidence as apply to a white accused.
But it would be grossly inaccurate to conclude from this fact that an African consequently enjoys equality before the law."
The law is embedded in institutions; institutions are embedded in history; and history is embedded in relationships of power.
These relationships involve tension, between exclusion and inclusion, wealth and poverty, formal equality and substantive equality, promise and implementation.
And it is up to our courts to ensure that people are equal before the law.
Conclusion
As we celebrate this 30th Anniversary, let us carry forward the lessons of struggle, sacrifice, and conscience that we have honoured today at the Wall of Names and through the solemn act of wreath laying.
Those who gave the law a human face remind us that our Constitution is not static - it is a dynamic and living project that demands our vigilance, our participation, our recommitment and our renewal.
The next thirty years must be about deepening constitutional democracy, ensuring that dignity, equality, and freedom are not only principles on paper but realities in the lives of all South Africans.
In remembering the past, we strengthen our resolve to build a future where the Constitution continues to serve as both shield and compass, guiding us toward justice and unity.
Let us, with courage and conviction, continue to advance the transformative vision of our Constitution.
Let us ensure that constitutional democracy remains not only a promise on paper, but a lived reality for all.
Let us remember, as a nation – through the trials and tribulations - where we come from, who we are, what we have overcome and who we want to be.
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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