The preamble of South Africa’s Constitution featured high on the agenda when the Joint Constitutional Review Committee (CRC) received a briefing on submissions received during the 2025 cycle.
The committee’s Content Advisor, Ms Sisanda Siphamla, informed the committee that 1 400 emailed submissions were received in 2025. Of these, 1 052 were deemed not to be in line with the committee’s mandate (Category 3 submissions). These included general complaints on issues such as corruption in governance, dissatisfaction with service delivery, matters already addressed in existing legislation, and submissions received outside the prescribed 30-day period from 1 May, as set out in the Joint Rules.
Ms Siphamla noted that the remaining 348 submissions fall within the committee’s mandate and largely propose that the preamble be amended to state: “South Africa belongs to its legal citizens” rather than “all who live in it”, as the current wording states. Submitters argued that the current wording of the preamble does not adequately protect the interests of South African citizens, in the context of concerns about perceived unfairness, limited access to national resources and the impact of corruption.
In May last year, the committee called for written public submissions on the annual review of the Constitution in accordance with section 45(1)(c) of the Constitution. This is a crucial element of the committee’s mandate. Members of the public were informed that in addition to their written submissions, submitters should also indicate if they are interested in making oral presentations to the committee.
Co-Chairperson Mr Patrick Sibande said the committee will now seek legal advice on the substance and feasibility of the submissions.
The committee was informed that matters selected for review must be processed with due regard to urgency and national importance. In line with this, it will first obtain legal advice on the primary proposal submitted, namely the amendment of the preamble to specify that South Africa belongs to its legal citizens, as opposed to the current wording, “all who live in it”, before deciding whether to proceed with public hearings.
Co-Chairperson Adv Glynnis Breytenbach noted that the committee ordinarily invites submitters who have expressed interest to present their views through oral submissions. This process gives effect to Parliament’s constitutional obligation to facilitate public participation and ensures meaningful public involvement in the law-making process.
“Once we have received legal advice on the submissions, we will inform South Africans of the next steps in the process and outline our future engagements,” concluded Mr Sibande.
Rajaa Azzakani
30 March 2026
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