Speeches

Keynote Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at the Graduation Ceremony of the City of Tshwane’s Legal Training and Mentorship Programme, held at the Tshwane Leadership and Management Academy, Thursday 23 October 2025

Programme Director Ms Shanaaz Majiet, MMC Kholofelo Morodi, MMC Aaron Maluleke, our host Cllr Malesela Rakabe, Municipal Manager Johann Mettler, Adv Anisha Dharumrajh, graduates, distinguished guests,

I convey the warm greetings of Minister Mmamoloko Kubayi, Minister of Justice and Constitutional Development, who is currently representing South Africa at the signing of the United Nations Convention Against Cybercrime in Vietnam and who is also accompanying President Ramaphosa on his State Visit to the country.

I ask that we rise - whether in body or in spirit - to recite the Preamble to the Constitution of the Republic of South Africa:
“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.

We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to:
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”

I have long urged that we normalise this practice whenever we meet, because the Preamble is our moral compass.
It reminds us not only of who we are, but of what we aspire to become.
It is both a mirror and a mandate - the soul of our constitutional democracy expressed in words.
The role of local government in our constitutional democracy
Local government plays a fundamental, and very direct, role in fulfilling the Preamble’s vision of a democratic and just society by ensuring that everyone has access to essential services, human dignity and opportunities to improve their quality of life.

We cannot speak about, nor commit ourselves to, freeing the potential of each person if their rights to basic services are denied.

Today’s event is testament to the transformative power of service delivery innovation and is a bold step toward strengthening good governance and the rule of law within local government.
The City of Tshwane’s Legal Training and Mentorship Programme is a pioneering initiative.
It reflects a deep understanding that legal capacity and skills are not a luxury in government – but a necessity.
By investing in development and training the City is not only empowering its employees but also safeguarding its mandate to deliver quality services to its residents.

Municipalities are the heartbeat of public service delivery in South Africa.
As the sphere of government closest to the people, they are entrusted with the responsibility of providing essential services such as water, sanitation, electricity, housing, and local infrastructure.
This proximity to communities places municipalities at the frontline of development, making them not only service providers but also agents of transformation and social justice.

The Constitution enshrines the role of municipalities and establishes local government as a distinct and autonomous sphere.

It outlines the objects of local government, including providing democratic and accountable governance, ensuring sustainable service delivery, promoting social and economic development, and encouraging community involvement.
These constitutional imperatives position municipalities as key drivers of the developmental state envisioned by the Constitution.

Good service delivery is not merely about ticking boxes - it is about human dignity.
When municipalities function effectively, they uphold the constitutional promise of equality, access, and participation.
Conversely, when they fail, the consequences are felt most acutely by vulnerable communities.

Good governance in municipalities
In the Constitutional Court’s judgment in Joseph v City of Johannesburg (CCT 43/09) [2010] ZACC 30, the Court emphasized the role of municipalities in realizing constitutional rights.

The Court highlighted the importance of government having to act in a manner that is responsive, respectful and fair when fulfilling its constitutional and statutory obligations and stated:
“This is of particular importance in the delivery of public services at the level of local government. Municipalities are, after all, at the forefront of government interaction with citizens. Compliance by local government with its procedural fairness obligations is crucial therefore, not only for the protection of citizens’ rights, but also to facilitate trust in the public administration and in our participatory democracy.” [Para 45]

This judgment underscores that municipalities are not just administrative bodies - they are constitutional actors with a direct duty to uphold and advance human rights through service delivery.

Their decisions and actions have a profound impact on the daily lives of citizens, especially the most vulnerable.
Strengthening good governance, transparency, constitutional awareness, legal knowledge and capacity, and litigation management are vitally important.

By investing in internal legal training and skills development municipalities like the City of Tshwane are aligning their operations with the values of accountability, transparency, and responsiveness.

These efforts ensure that public resources are protected, that disputes are resolved efficiently and that service delivery is not disrupted by costly and lengthy legal challenges.
Building a capable developmental state

Municipalities are the cornerstone of South Africa’s developmental vision.
The National Development Plan calls for municipalities to become engines of inclusive growth, spatial transformation, and participatory governance.

It calls for municipalities to align their Integrated Development Plans with national priorities, professionalize their workforce, and adopt innovative approaches to service delivery.
This includes strengthening internal legal capacity and skills, improving financial oversight, and fostering partnerships with civil society and the private sector.

In this context, legal training and litigation management are central to good governance.
By equipping municipal officials with legal expertise and constitutional awareness, we protect public resources, reduce service disruptions, and uphold the rule of law.
This is how we move from policy to practice, from vision to impact.

Why legal training matters
Legal training within municipalities is essential for several reasons:
Firstly, it empowers municipal officials to uphold the law and creates a better understanding of legal processes and how to give effect to the human rights of the people they serve.
Secondly, it builds institutional knowledge – thus enhancing service delivery.

Thirdly, it’s cost effective as it mitigates the risks of unnecessary litigation and having to face protracted legal battles.
Legal training for municipal staff is a strategic investment in the integrity and effectiveness of local government.
When officials are equipped with a sound understanding of legal frameworks, of proper procurement processes, or how to recognise fair administrative practices, they are better able to interpret legislation, to apply policy correctly and to make decisions that are both lawful and ethical.

This reduces the risk of procedural errors, unlawful expenditure, and regulatory non-compliance - key factors that often lead to audit findings and reputational damage.

A legally literate municipal staff establishment strengthens internal controls and promotes accountability and transparency.
Staff who understand contract management and administrative justice are more likely to uphold transparent processes and resist corrupt practices.

This directly supports the achievement of clean audits, as it ensures that financial and operational decisions are made within the bounds of the law.

Moreover, legal training empowers municipalities to manage litigation proactively.
Instead of acting in a way that gives rise to potential legal disputes, trained officials can identify risks early, resolve conflicts more effectively, and avoid costly court battles.

Managing litigation proactively means -

• identifying systemic weaknesses before they escalate into legal disputes;
• protecting public funds from unnecessary legal expenditure, and
• upholding accountability by ensuring that officials act within the bounds of law and ethics.

By building legal capacity within local government, we are not just improving compliance - we are cultivating a culture of good governance, ethical leadership, and responsive service delivery.

Conclusion
Congratulations to all the legal mentees - you represent the future of ethical, competent and service-oriented legal practice in government.

Your journey has not only transformed your careers and your skills – it will transform your communities.
Carry this responsibility with pride and determination.

Let us reaffirm our commitment to building a capable, ethical and developmental state.

Legal training and skills development are not peripheral - they are central to this mission.

I thank you.