Today Parliament launched the 20th Anniversary of our country’s first democratic Constitution. The notable crafters and drafters of the Constitution such as Mr Valli Moosa, Prince Mangosuthu Buthelezi, Mr Mac Maharaj, Mr Roelf Meyer, Ms Geraldine Fraser-Moleketi, Ms Sheila Camerer, Ms Brigitte Mabandla, Rev Kenneth Meshoe, to name just a few, were on hand, mingling and sharing pleasantries, and they symbolised, as they did while serving as Members of Parliament, the principles of reconciliation and nation-building, which constitute the spirit and the letter of our Constitution.
This reconciliatory mood was further complemented by both the African National Congress and Democratic Alliance Chief Whips, Mr Jackson Mthembu and Mr John Steenhuisen, respectively, who for the first time sat together on the same bench, a gesture that underscored the tenets of our Constitution.
Present also were the Justices, leaders of Chapter 9 Institutions, religious leaders and university students who came to observe and pay tribute to this august event and moment in history that paved the way for our constitutional democracy.
In her opening remarks, one of the House Chairpersons of the National Assembly, Ms Thoko Didiza, stated that Parliament felt in its wisdom to mark the 20 years of our Constitution to reflect on where and why its drafters gave us the Constitution they gave us. “We are here today to reflect on what informed them to come with the clauses they came up with. And what is their impact on our society today. This is a good opportunity to undertake such an introspection,” she said.
What made our Constitution unique is that it was a result of a participatory outcome and we are here today to learn from the wisdom of those who drafted it. “As beneficiaries we are here to listen to the pioneers and have a conversation with them to get to understand why we are where we are today.”
A curtain raiser of this momentous moment was a documentary on the events that led to the inception of the Constitution. It reflected on the behind-the-scenes discussions, heated debates, disagreements that led to many impasses and hard-earned compromises on various clauses that now form part of our Constitution. As narrated by those featured in it, the difficulty was to find common ground: to satisfy both the white minority interests and the expectations of the majority of the population who demanded the rights, freedom and liberties they were denied before.
This documentary marks the definitive moments that underpin the spirit and letter of our current Constitution. This is no more evident than in the utterances that Mr Cyril Ramaphosa, one of its drafters, made on the eve of its adoption. “This is the birth certificate of our country that our people have long waited for. They expect nothing less than a transformational, if not a revolutionary document.”
Reflecting on the 20-year celebration of our Constitution, he proclaimed: “The last 20 years have been dramatic, and we have done a great deal to change the social contours of our country and the quality of life of our people has been improved. But not on the economic side. We still need an inclusive growth. In your hands you have a Constitution meant to deal with what prevents our people from getting a better life economically and otherwise.”
The Speaker of the National Assembly, Ms Baleka Mbete, gave a broad overview of the making of our Constitution and the milestones that occasion its inception, which she referred to as the ‘finest moment of our country’.
“The ultimate adoption of our Constitution should be understood within the context of an imminent disaster. The struggle was escalating on all fronts. The situation was degenerating into a civil war. And the apartheid regime realised that it could not rely on the strength of its military to stay in power. These are stark realities that led to the process of negotiations of our new Constitution and the ultimate process of its adoption,” she said.
The roles that Nelson Mandela, FW de Klerk and OR Tambo played is worth reflecting upon. The role of OR Tambo’s foresight on the future of this country is elaborated on in his seminal biography Beyond the Engeli Mountains. In it is declared that Tambo was constantly bothered by a dream that: “The apartheid regime would one day want to talk and make an agreement to end the system of apartheid. Tambo’s nightmare was that the ANC would not understand such a message because they (ANC and National Party) don’t speak the same language. And this would lead to a great disaster.”
The Speaker of the National Assembly drew those in attendance to this analogy to underscore the far-reaching foresightedness of OR Tambo that underpins his visionary capabilities. “Tambo has always thought ahead and led strategically. This was no more evident than his appointment of a Constitutional committee, which led the ANC’s constitutional negotiations that resulted in our current Constitution.”
Our Constitution came at a great human cost and sacrifices, she emphasised. “The negotiations between the warring parties took place in a very volatile and violent context. We might try to wipe this from our memory, but that is a reality. But we decided that we as South Africans had to find a solution to own problems. Hence we were in charge of our own negotiation process. This was to ensure that when an agreement was reached, we were ready to embrace its dynamics and how to address them ourselves.”
We could not reach a settlement without compromise, she stressed vehemently. “Both sides had to make compromises. It had to be done to accommodate others. We had to do that because we had to find each other, implement what was agreed upon and live together. That is why our Constitution is called a ‘peace pact’. It contained all the fault lines and flaws of our society, many of which are still evident to this day.”
She further added: “The fault lines of class differences, of economic inequalities along racial lines still exist. This can be traced back to South Africa’s past which had a deeply divided society with untold injustices and legacy of hatred.”
Our Bill of Rights, she asserted, in our Constitution is a direct response to these collective and historical transgressions of apartheid. “It affirms the democratic values of human dignity, equality and freedom. It also promotes a non-racial, non-sexist, universal suffrage and a multiparty system of government.”
The 20 years of our Constitution were a theatre of experimentation with regard to our political and cultural differences. This period can be seen as the mirror of the participatory nature of the processes that led to its adoption. Processes that sought to shoulder the burden of the socio-economic expectations of the majority of our people. This consideration bequeathed our Constitution with a unique economic feature that is absent in other Constitutions. “Our Constitution has a rare feature of socio-economic commitments. We had to pronounce that there shall be an effort to deliver services that will attend to the daily socio-economic problems of our people so that they can have a qualitative life.
“Today, we are here to pay tribute to the crafters and drafters of our Constitution what they bequeathed us will underscore our country’s greatest achievement and its finest hour. The youth of this country must appreciate the sacrifices made by those who came before them. “Bear in mind you are standing on shoulders of heroes and heroines who made great sacrifices for us to be where we are today. Leave your own mark. The fate of this country is in your hands. And put the anthem and flag of this country in your hearts.”
By Abel Mputing
3 March 2017
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