Speeches

Speech by the Minister of Justice and Correctional Services, Ronald Lamola at the National Conference on 30 years of the State of Human Rights in South Africa: “Three decades of respect for and promotion of Human Rights”, 18 March 2024

HIS EXCELLENCY PRESIDENT CYRIL RAMAPHOSA,
SPEAKER OF THE NATIONAL ASSEMBLY,
CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES,
MINISTERS AND DEPUTY MINISTERS PRESENT HERE,
CHIEF JUSTICE AND OTHER JUSTICES OF THE CONSTITUTIONAL COURT AS WELL AS THE SUPREME COURT OF APPEAL PRESENT,
JUDGES PRESIDENT AND OTHER JUDGES PRESENT,
SADC MINISTERS OF JUSTICE,
CHAIRPERSON OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS, HON. COMMISSIONER RÉMY NGOY LUMBU,
UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS, MR V TÜRK,
CHAIRPERSONS & MEMBERS OF THE UNITED NATIONS TREATY BODIES INCLUDING FORMER SOUTH AFRICAN MEMBERS OF THE TREATY BODIES ,
MEMBERS OF THE DIPLOMATIC CORP
THE HOUSE CHAIRPERSON OF COMMITTEES IN THE NATIONAL COUNCIL OF PROVINCES, HONOURABLE JOMO NYAMBI,
MEMBERS OF THE NATIONAL ASSEMBLY AND NATIONAL COUNCIL OF PROVINCES PRESENT HERE,
PREMIERS,
EXECUTIVE MAYOR OF SEDIBENG MUNICIPALITY,
MAYOR OF EMFULENI LOCAL MUNICIPALITY,
COUNCILLORS,
HEADS OF INSTITUTIONS SUPPORTING DEMOCRACY,
CHAIRPERSON OF THE HOUSE OF TRADITIONAL LEADERS AND OTHER TRADITIONAL LEADERS PRESENT,
UNIVERSITY CHANCELLORS,
DIRECTOR GENERAL OF THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND OTHER DIRECTORS- GENERAL,
DISTINGUISHED GUESTS, LADIES AND GENTLEMEN,

The year 2024 marks a significant milestone in our country's Constitutional Democracy - 30 years of progress and growth.  

The Department of Justice and Constitutional Development, as the guardian of our Constitution, has taken the initiative to host a National Conference focusing on Human Rights in South Africa. Under the theme "Three Decades of Respect for and Promotion of Human Rights," this conference aims to reflect on our journey towards equality and justice.

It is crucial to remember the sacrifices made during the struggle against the oppressive Apartheid regime.

The tragic events at Sharpeville & Langa serve as a stark reminder of the brutality faced by those fighting for freedom.

The peaceful protests against apartheid laws, the violence inflicted on innocent protesters, and the global outrage that followed - all shaped our nation's history and commitment to human rights. 

As we commemorate Human Rights Day on the 21st of March, let us honor the memory of those who fought for our democracy. Let us reaffirm our dedication to eliminating all forms of discrimination and injustice.

Our country’s transition from a divisive past was dawned through the Constitution of the Republic of South Africa, 1993 (Interim Constitution) which had the objective of ensuring a non-violent transition and to ensure reconciliation within the country.

Its preamble provided for the creation of a democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.

Chapter 2 of the 1996 Constitution contains the Bill of Rights which is the cornerstone of South Africa’s human rights framework, a commitment to build a culture of human rights and to reverse the centuries of gross violations of human rights, inequality and the indignity suffered by the majority of the population.

In his Address to the Constitutional Assembly on the Occasion of the Adoption of the 1996 Constitution, on 08 May 1996, Former President Mandela clearly articulated the obligation and commitment in stating that:

“The new constitution obliges us to strive to improve the quality of life of the people. In this sense our national consensus recognizes that there is nothing else that can justify the existence of government but to redress the centuries of unspeakable deprivations, by striving to eliminate poverty, illiteracy, homelessness and disease.

While in the past, diversity was seen by the powers that be as a basis for division and domination, while in earlier negotiations, reference to such diversity was looked with suspicion; today we affirm in no uncertain terms that we are mature enough to derive strength, trust, and unity from the tapestry of language, religious and cultural attributes that make up our nation”

In the 2024 State of the Nation Address, President Ramaphosa re-emphasizes the point:

“It is this Constitution that has guided our collective efforts over the last three decades to fundamentally change our country for the better, and it must stand at the centre of the work we do now to build a better life for all…..Just as we cannot deny the progress South Africans have made over the last 30 years, nor should we diminish the severe challenges that we continue to face”.

The core essence of our Constitutional democracy is anchored in the need to ensure an improved quality of life for all and to unlock the potential of each person.

Government’s efforts over the past 30 years has been geared towards this common goal. Our Constitution and its promises (provisions) underpin a transformational agenda which cannot be seen as a linear process.

This is best articulated by the former Chief Justice Pius Langa, in his 2006 speech on the nature of “Transformative Constitutionalism”. He stated that:
“transformation is not a temporary phenomenon that ends when we all have equal access to resources and basic services and when lawyers and judges embrace a culture of justification.

Transformation is a permanent ideal, a way of looking at the world that creates a space in which dialogue and contestation are truly possible, in which new ways of being are constantly explored and created, accepted and rejected and in which change is unpredictable but the idea of change is constant.

This is perhaps the ultimate vision of a transformative, rather than a transitional Constitution.

This is a perspective that sees the Constitution as not transformative because of its peculiar historical position or its particular socio-economic goals but because it envisions a society that will always be open to change and contestation, a society that will always be defined by transformation”.

This statement speaks not only to what we envisage as transformation, but it further articulates the salient roles we must all undertake towards change.

It calls for continued dialogue, where we may not always agree and have points of contestation, based on our freedom of expression and active participation, which are fundamental rights within our constitution and democratic dispensation.

The conference today seeks to adhere to this statement and the outcomes of which should far surpass discussion and should find resonance in our programmes and plans towards advancing human rights and transformation as the main goal.

The Conference seeks to reflect on the past 30 years since the advent of constitutional democracy in South Africa, particularly around issues affecting human rights. It also serves as a commemorative event towards South Africa’s Human Rights Day on 21 March 2024, as we approach the 30th anniversary of constitutional democracy and human rights in South Africa on 27 April 2024.

As we convene at this conference, it is important to reflect on the effectiveness of our institutions in promoting democracy and human rights over the past three decades.

Despite having the highest inequality rate globally, our Equality court cases are predominantly focused on Hate Crimes and Racism rather than Equality issues.

The trends in cases handled by the Public Protectors office offer valuable insights into the most pressing issues that need to be urgently addressed within our democratic system.

The discussions at the conference will serve as an evaluation of the advancements made in upholding human rights, with the hope that active participation from all attendees will enrich the content and deliberations. Deliberations should propel us towards achieving an equal society in the next 30 years of our constitutional democracy.

Our conference on the Criminal Procedure Act hosted in the last week of February, has highlighted an urgent need to address the rights of the victims of crime by ensuring that the entire criminal justice system is victim centric.

It gives me great pleasure to call upon his excellency President Cyril Matamela Ramaphosa to deliver the key note address.

Thank you