Address by the Minister of Justice and Constitutional Development Mmamoloko Kubayi on the occasion of the NGO and Civil Society Stakeholder Engagement and the launch of the Human Rights Month
Programme director Ms Topsy Musi
Andries Nel, Deputy minister DOJ& CD
Dada Morero, Executive Mayor of Johannesburg
Professor Kathleen Van Der Linde, Dean of the Faculty of law
Adv. Doc Mashabane, DG of DOJ&CD
Leaders of the various civil society organizations
Distinguished guests
Ladies and gentlemen
Good morning,
We are gathered here today because we are all interested in creating a just, equitable and sustainable society. Given our apartheid past which was characterized by a range of injustices and lack of access to justice for the majority, creating such a society requires a paradigm shift.
The Constitution of the Republic of South Africa of 1996 is the framework and foundation upon which the transformation of law, state and society is anchored. Accordingly, the Preamble of the Constitution proclaims that the new paradigm can only be created: “...by establishing a society based on democratic values, social justice and fundamental human rights, and improving the quality of life of all citizens in the Republic.”
Today’s engagement is part of collective introspection into the work all us have been doing to advance the constitutional imperative of expanding access to justice for all, especially to the poor and vulnerable. Our quest to expand access to justice is based on the equality provision says that: “Everyone is equal before the law and has the right to equal protection and benefit of the law” and that “equality includes the full and equal enjoyment of all rights and freedoms”. It also goes on to highlight that “everyone has inherent dignity and the right to have their dignity respected and protected”.
These are very important values that all us who are gathered here today recognize that it requires capabilities for them to be turned into a lived experience. These capabilities are in the form of volunteers made up of men and women who work for civil society organisations, institutions, financial resources and other tools that are necessary to facilitate access to justice. Although the Constitution imposes a duty on the state to “respect, protect, promote and fulfil the rights in the Bill of Rights”, it is through collaborative work with civil society that this work can reach the majority of our society. It is for this reason that we treasure our collaboration with yourselves as civil society organisations and we seek to strengthen our working relationship.
It is within this context that today we are launching Human Rights Month. We were very intentional in launching is here in Soweto, repurposing our dark history when this very township was created, forcibly removing all of us to places like Soweto. On the 9th February 1955, 2000 policemen armed with guns, rifles and knobkierries forcibly moved the first batch of black families from Sophiatown to Meadowlands. This year marks 70 years since that fateful year. Here we stand 30 years later celebrating our hard earned democracy and who we are as a nation, tenacious, resilient and determined to fight oppression from Soweto to Palestine.
Our country transitioned from a past that was cemented in division on the basis of race. The struggle for the freedoms we enjoy today, came at the loss of many lives. As we celebrate a significant 30 year milestone in our constitutional democracy, anchored on human rights, the month of March, now known as human rights month, is an important occasion to reaffirm and recommit ourselves to striving towards our Constitution’s promise. Our constitution encapsulates the vision of Freedom Charter which was adopted 70 years ago, in June of 1955 which says amongst others that “South Africa belongs to all who live in it” and that “all shall be equal before the law”.
We are collectively striving towards the attainment of social justice that provides everyone with equal economic, political and social rights, and opportunities. We have, through our Constitution and legislative measures, taken the approach of social justice as a core value and principle, by placing an emphasis on securing the basic needs of all. Most notable has been the signing into law measures that seek to ensure equitable access to land, clean water, education, and medical care.
Our Constitution has set out the framework for our human rights realisation discourse and the Constitutional Court has been a pillar that has interpreted the core minimum of these provisions, as set out by the Bill of Rights.
Officially opened on the 14 February 1995, this year also marks 30 years since the inception of the constitutional court whose current building, at Constitution Hill, was partly constructed using bricks from the demolished awaiting-trial wing of the former number 4 prison. Constitution Hill is a beacon of our constitutional democracy, as a site that has been repurposed to preserve and reflect the history of South Africa, while celebrating its transition. It represents institutionalised social justice, serving as a location where constitutional principles are upheld to heal the divisions of the past. It is another symbolic reflection of the milestones our country has overcome and achieved.
Significant strides have been made in engendering the culture of human rights. We can today say that the right to life is guaranteed with the abolition of the death penalty; today the state bears a constitutional duty to provide effective remedies against domestic violence; rail service providers bear the obligation to protect the safety of commuters on trains. The law now provides for means whereby same-sex couples can enjoy the same status, entitlements and responsibilities accorded to heterosexual couples through marriage, and employers may not discriminate against anyone on the basis of their HIV-positive status, or any listed ground in section 9 of our Constitution that guarantees equality.
Gender equality has been advanced for African women to inherit under the African customary law of intestate succession, and the appointment by customary institutions of a female chief is now permissible. In any eviction of residents from their homes, the state bears a duty to engage meaningfully with them about possible steps that can be taken to alleviate their homelessness. Core minimums have been set out in ensuring equitable access to health care, HIV/Aids treatment, housing, education, water and all other socio-economic rights.
Our achievements over the years have not eradicated all challenges, as issues of unemployment, poverty and crime continue to hamper greater progress in the realisation of human rights, especially access to basic services, resulting in growing levels of inequality.
The 30 years anniversary of South Africa’s democracy has provided an opportunity to reflect on the progress made. In commemorating Human Rights Day 2025 and looking ahead to another 30 years, a call is being made for all stakeholders to implement actions geared for: “Deepening a Culture of Social Justice and Human Rights” which is the theme for this year’s human rights month celebration.
Meeting here today is very intentional and is part of my efforts, since I took office as a Minister of Justice and Constitutional Development, to engage with Communities and stakeholders. I have been visiting Courts and our offices across the country, so that I can have first-hand experience of how our citizens experience our services and challenges you may be experiencing so that together resolve them with the aim of nurturing and strengthening our democracy.
We dedicate this human rights month to commemorating and honouring those who lost their lives for the attainment of freedom and human rights in the country; to promoting the supremacy of the constitution and the rule of law, while acknowledging the injustices of our past; to making a call for accelerated action towards the realization of social justice as the key promise of our Constitutional Democracy; and to promote social cohesion, foster tolerance and respect for diversity.
As I conclude, may we remember that with rights and freedom comes great responsibility. We have a responsibility to do everything in our power to sustain a human rights culture, guided by the foundation laid by those who lost their lives in the strive for a society free from discrimination and the achievement of social justice.
Let us engage in honest discussions today with the aim of strengthening our collaboration and more importantly finding innovative ways of expanding access to justice for all our citizens.
Thank you
