All South Africans, young and old, equally respect the legitimacy of the Constitution of the Republic of South Africa. This is what special guests, invited to Parliament to share their memories of their involvement in the drafting of the Constitution, told Members of Parliament and other invited guests at the launch of the 20th anniversary of the Constitution and the establishment of the National Council of Provinces (NCOP) at Parliament on Friday.
The drafters said the Constitution enjoys an unshaken reputation for integrity among all South Africans.
Ms Thoko Didiza, House Chairperson of the National Assembly (NA) and Programme Director of the launch of the 20th Anniversary of the Constitution and the establishment of the NCOP, said the Constitution is regarded by South Africans as their shield and protector. When South Africans feel that there is transgression of the law, she said, they go to the Constitution for the application of justice and arbitration.
Calling upon one of the drafters of the Constitution and the former Member of the NA, Mr Mac Maharaj, to preside over the discussions, Ms Didiza praised all those who worked tirelessly day and night to draft the Constitution.
Among those involved in drafting the Constitution and invited to Parliament to celebrate where Prince Mangosuthu Buthelezi, Mr Valli Moosa, Ms Brigette Mabandla (former Minister of Justice and Constitutional Development), Dr Leon Wessels (former Deputy Chairperson of the Constitutional Assembly), Ms Sheila Camera and Reverend Kenneth Meshoe. Other drafters present included Judge Richard Goldstone, Ms Geraldine Fraser-Moleketi and Mr Willie Hofmeyr.
At the event the special guests agreed that the Constitution derives its legitimacy from the fact that its drafting was inclusive of all South Africans. They said it is a document that embraces all South Africans and is admired around the whole world.
Mr Moosa said the leaders of political parties agreed that before the process of drafting the Constitution, “the playing fields had to be properly levelled”. He said the agreement on the levelling of the playing fields was a remarkable step in many ways and included agreement around the fact that the issue of the inclusivity of the process of drafting the Constitution was a non-negotiable starting point. “Agreement on the levelling of the playing fields ensured the delivery of a legitimate Constitution,” said Mr Moosa.
Although he praised the Constitution and its achievements in strengthening the South African democracy, Prince Buthelezi also appealed for amendment on the chapter on the Head of State. He said the Head of State should be above party politics. According to Prince Buthelezi, so long as the Head of State is also the head of a political party, the dignity of the Office of the Head of State would be affected by the problems of the party. “I have been insisting that there must be a separation between the Head of State and party politics” he said.
The leaders of political parties also participated in the discussions. The parties represented were the Democratic Alliance (DA), the Inkatha Freedom Party, the United Democratic Movement, the Congress of the People, Agang South Africa and the National Freedom Party.
Praising the Constitution, the Chief Whip of the DA, Mr John Steenhuisen, said one of its strengths in the last 20 years was its ability to unite the nation in its diversity. On the separation of powers between the three arms, “the judiciary has played its role fearlessly,” Mr Steenhuisen said.
Mava Lukani
6 March 2017
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