This week on 10 December we marked the 28th anniversary of the signing into law of our Constitution. This year has seen some pretty significant public sentiment against this important and robust founding document of our democracy. The tenth of December is also International Human Rights Day and it was not by coincidence that former president Nelson Rolihlahla Mandela signed this seminal document on this day in 1996.
As I reflect on the Constitution and how it came into being, which, contrary to popular and populist belief, was through extensive consultation with ordinary South Africans from all walks of life spanning the length and breadth of the country and solidly researched and workshopped by experts, it is as concerning as it is sad that it is now being used by some as a means to sow division among us.
The South African Constitution was a labour of love for the country and its people to heal and unite, as is evidenced in its preamble stating:
“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 (instead of just recognising only those who fought for justice) Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.”
Each of these words are fraught with the struggle and contestation for our country’s soul. The drafting of the Constitution represented an exciting forward-looking time in our history where political leaders put aside their differences to come together and craft a progressive document that would not only be the country’s blueprint, but also the shield and armour of our people’s rights.
Notably, the calibre of the drafters informed the outcome of the seminal document; these were men and women who participated in the process not for narrow political party interests, but because of their love for our country first. Many of them have passed away, but many still remain steadfastly defending our Constitution. They do so not to stop it being critiqued, as it was long established that it is a living document open to amendments, as is evidenced by the 18 amendments it has had thus far, but to stop it from being arbitrarily attacked and abused.
We have yet to see the depth of thought, work and most importantly leadership put into arguments countering the current Constitution and the proposal of a counter document. Until that level of debate, dialogue and work ethic presents itself, I say long may our founding document live on. And long may it continue to safeguard our democratic and social justice imperatives as we build a South Africa we can all be proud of.
What I love about our Constitution is that it challenges us to be better than we know ourselves to be, and that surely is worth fighting for. DM
This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
