Speeches

Remarks by the Minister of Justice and Constitutional Development, Minister Mmamoloko Kubayi, DDPA, DIRCO Conference Centre, 11 September 2026

Programme Director
Deputy Ministers
Members of the Diplomatic Corps
Director -Generals
Representatives of Chapter 9 and 10 institutions
Representatives of Civil Society Organisations
Members of the media
Distinguished guests
Ladies and gentlemen

Good morning

In 2001, South Africa was honoured to host the World Conference Against Racism, racial discrimination, xenophobia and related intolerance in South Africa (WCAR) - authorized by United Nations General Assembly Resolution #52/111 of 12 December 1997. That conference, convened here on South African soil only seven years after our own first democratic election, produced the Durban Declaration and Programme of Action (DDPA) which, a quarter-century later, is still the most comprehensive global blueprint for confronting racism and intolerance in all their forms.

It is fitting that we mark this anniversary in South Africa. We are a sovereign democratic state anchored on the constitutional values of ubuntu, human dignity, equality, non-discrimination, and social cohesion. These values apply to all persons within its borders, including migrants. The country's historical legacy of racial discrimination continues to shape social relations and integration dynamics. As a result, social cohesion and nation-building remain central to South Africa's transformation agenda.

This includes fostering a sense of shared belonging, promoting diversity, and reaffirming the heritage and dignity of all peoples, including migrants and other non-citizens residing in the Republic.

The Conference covered issues such as redress for transatlantic slavery and the second-class citizenry issue in Palestine-Israel. "Concerning the Middle East and related issues, the Conference expressed concern about the plight of the Palestinian people under foreign occupation and recognised the inalienable right of the Palestinian people to self-determination and the right to an independent state."

The Conference also set a platform for the world to truly and honestly reflect on matters of human rights and self-determination. Revered for its constitutional democracy and commitment not to allow the oppression of one by another, South Africa has lived up to the conviction of its first democratically elected President Nelson Mandela who said: "Never, never, and never again shall it be that this beautiful land will again experience the oppression of one by another".

The Durban Declaration and Programme of Action (DDPA) affirms equality and non-discrimination as key human rights values. It calls for the protection of all people from unfair discrimination and emphasizes the responsibility of government and institutions to foster inclusive, equitable, and respectful societies.

The Declaration did not confine itself to abstractions. Article 66 to Chapter III of the Durban Declaration and Programme of Action (DDPA) calls on "States to establish and implement without delay national policies and action plans to combat racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations."

South Africa answered that call. Our National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance - the "NAP", was approved by Cabinet and launched in 2019, following a multi-stakeholder process led by the Department of Justice and Constitutional Development, in consultation with government departments, Chapter 9 institutions and civil society. It is implemented as a whole-of-government, whole-of-society programme, with the highest level of the NAP coordinating structure (Plenary) convened by the Minister of Justice and Constitutional Development and comprising eight ministries, with coordination across multi-sector stakeholders and extending from Director-General level down to technical implementation on the ground.

The NAP does not stand alone. It sits alongside South Africa's Social Cohesion Strategy, coordinated by the Department of Sport, Arts and Culture; the National Development Plan 2030; and the White Paper on International Migration, which insists that migration be managed in a manner that is based on respect for human rights and serves national development and social cohesion.

We have also legislated, The Broad-Based Black Economic Empowerment Act, 2003, and the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023 - assented to in May 2024. These are some of the more recent pieces of legislation that have been enacted to give the NAP's commitments the force of law: to redress historical exclusion, and to ensure that hatred expressed as crime or as speech carries real legal consequence.

Article 79 of the DDPA warns that the obstacles to eliminating racial discrimination lie less in an absence of good intention than in a want of political will, weak legislation, and the persistence of racist attitudes and stereotyping. Government has sought to answer that warning directly - including through the coordination, at the highest political level, of three Inter-Ministerial Committees on Migration, Social Cohesion, and Population Policy, as well as a NAP Plenary structure that is chaired by and reports to the Minister of Justice and Constitutional Development. This is not a bureaucratic footnote. It is what political will looks like when it is structured to be held accountable.

In addition to the NAP, South Africa has key national processes and institutional mechanisms through which South Africa prevents and responds to racism, xenophobia and related intolerance, and strengthens social cohesion and the rule of law. These include:

• Social Cohesion Strategy 2012 (as revised); South Africa's social cohesion strategy as coordinated by the Department of Sport, Arts and Culture aims to bridge historical divides and build a unified national identity;
• National Development Plan (NDP) 2030; South Africa's NDP is a long-term strategic blueprint adopted in 2012 to eliminate poverty and reduce inequality.
• White Paper on International Migration which is a policy framework aimed at managing migration in a way that supports national development, security, and social cohesion. It emphasizes that migration should be proactively and strategically managed to contribute to economic growth, fill critical skills shortages, and align with national priorities such as the National Development Plan 2030 (NDP).

The NAP Implementation Plan sets out a number of strategic activities that each relevant government department must implement towards achieving the goal to combat racism and related intolerance. Through the NAP Implementation Plan, South Africa outlines indicators and activities for a five-year cycle towards achieving the objective to combat racism and related intolerance. Among others, these include transforming the economy to ensure participation of black people, youth and women and integrated strategy for land-redistribution. In this regard, South Africa shows its commitment to promote universal respect for all human rights, economic, social, cultural, civil and political, including the right to development, as a fundamental factor in the prevention and elimination of racism, racial discrimination, xenophobia and related intolerance as affirmed under article 78 of the General issues of the DDPA.

Article 79 of the General issues of the DDPA indicates that there is a firm belief that the obstacles to overcoming racial discrimination and achieving racial equality mainly lie in the lack of political will, weak legislation and lack of implementation strategies and concrete action by States, as well as the prevalence of racist attitudes and negative stereotyping. Given its commitment to overcome racial discrimination and achieving racial equality, and racist attitudes, South Africa has passed various laws which: enjoin the state to advance persons who were previously discriminated against; foster participation of black people in the economy; share the natural resources; and punish hate speech and hate crimes. These include the Broad Based Black Economic Act 53 of 2003, the Expropriation Act 13 of 2024, and the Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023.

Importantly, in showcasing political will, the NAP has elevated government's response to dealing with incidents concerning violence against migrants. This includes government's efforts being coordinated at the highest level through three Inter-Ministerial Committees on: Migration; Social Cohesion; and Population Policy.

Various court cases have been heard by the courts and judgments made on the implementation of the NAP. One such recent judgment is that of Kopanong Africa against Xenophobia and others v Operation Dudula and Others ((2025), wherein the court directed and ordered the government of the Republic of South Africa to take reasonable steps to implement the NAP, including by taking steps to establish an early warning and rapid response mechanism regarding threats of xenophobic hate speech and hate crimes. The judgment is not a criticism but rather an affirmation of the independence of the judiciary which holds the executive to the commitments it has made, both to its own people and to the international community.

South Africa has not confined its commitment to the DDPA to our own borders. At the 61st Session of the United Nations Human Rights Council earlier this year, our delegation placed the DDPA@25 Road Map at the centre of the global anti-racism agenda, advocating for a victim-centred approach to systemic discrimination and supporting the drafting of a comprehensive UN declaration on the human rights of people of African descent. We have consistently urged fellow member States to move beyond symbolic commitment towards concrete policy responses to the contemporary faces of intolerance - Afrophobia, xenophobia, and the rapid spread of hate speech online.

As we meet to celebrate national Heritage month, as a country, we always remember what the DDPA urges us to do at Article 15(b) under the Programme of Action, that we should: "promote better knowledge of and respect for indigenous cultures and heritage". Recalling the harsh history of South Africa as endured by indigenous persons, their cultures and heritage were diminished and depicted as barbaric.

Heritage Month, celebrated every September, encourages South Africans to recognize and value the country's rich cultural, linguistic, and historical diversity. Heritage Month and the DDPA are closely linked through their shared focus on diversity, inclusion, respect for different cultures, and the promotion of social cohesion. One of the goals of Heritage Month is to foster understanding among different communities and strengthen nation-building, underscoring the DDPA's promotion of tolerance and pluralism as essential elements of inclusive societies free from racism and discrimination.

Since 1994 to date, efforts taken by government and other structures including our constitutional institutions such as the South African Human Rights Commission (SAHRC); the Commission for Gender Equality (CGE); and the Commission of the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) have and continue to encourage indigenous people to recover their diminished heritage and cultures.

This year, 2026, South Africa celebrates another significant milestone, the 30th Anniversary of the South African Constitution. Our Constitution aligns strongly with the DDPA, as both are founded on the principles of human dignity, equality, non-discrimination, diversity, and social justice. The South African Constitution provides the legal framework to achieve these goals within South Africa. It guarantees equality before the law and prohibits unfair discrimination on grounds such as race, gender, ethnic or social origin, culture, language, religion, and disability.

Together, the Constitution and the DDPA remind us that respect for diversity, social justice, and inclusion are essential for building a united, non-racial, and democratic South Africa. The Constitution seeks to heal the divisions of the past and establish a society based on democratic values, social justice, and fundamental human rights, and the DDPA recognizes the lasting effects of historical discrimination and calls for measures to address inequalities resulting from past injustices.

The theme of the 30th Anniversary of the Constitution "One Nation. One Constitution. Reflect. Renew. Recommit" is therefore appropriate.

The DDPA remains relevant to South Africa because it provides a framework for addressing racism, inequality, xenophobia, and discrimination while promoting human dignity, diversity, social cohesion, and equality. Its principles support the vision of the South African Constitution and continue to guide efforts towards building a united, inclusive, non-racial, and democratic society. It is still a long journey, but we will get there!

States bear the primary responsibility for eliminating racial discrimination. But twenty-five years on, we know that the promise of Durban cannot be fulfilled by governments alone. It requires parliaments, courts, national human rights institutions, civil society, educators, the media, technology companies and communities, each holding the others to account. The task before us, twenty-five years after Durban, is not to renew a commitment in words. It is to turn the commitments already made into structural change that people experience - in how they are treated at a taxi rank, in a queue at Home Affairs, online, and before the law. Racism is not inevitable, and it is not immutable.

The Durban Declaration and Programme of Action remains a living framework and a shared call to confront racism, protect human dignity, and build a world in which every person, wherever they were born, can live free of discrimination. I wish you good and sound deliberations as we build a better world for all.

Thank you very much!