By Thapelo Molefe
President Cyril Ramaphosa has warned that despite the Constitutional Court’s historic role in defending democracy, the country faces a disconnect between the promise of the Constitution and the lived realities of South Africans.
Speaking at the 30th anniversary celebration of the Constitutional Court on Friday, Ramaphosa cited persistent inequality, threats to judicial independence, a lack of implementation of court orders and erosion of trust in institutions as ongoing challenges.
“The reality we must confront is that there are significant challenges with constitutionalism today. The promise of the Constitution is far from fully realised,” he said.
The Constitutional Court was established in a newly democratic South Africa, and this was seen as a bold institutional response to a history that had denied the majority of South Africans their basic human rights.
It was then tasked with interpreting and safeguarding the rights enshrined in the Constitution.
“But its role was always more than legal—it was deeply symbolic. It was a noble symbol of our democratic order; both immortal and legal compass,” the president said.
“We celebrate the existence of this court over the 30 years in which it has defended our democratic vision… This court has been the guardian, watching over our nation’s legal health just as a parent would attend to the health of their growing child.
“Without the Constitution, our country would be cast adrift and be vulnerable to the excesses of unchecked power.”
He outlined the achievements of the court, saying it contributed greatly towards national cohesion and reconciliation.
Ramaphosa said the court’s judgments affirmed that dignity, equality and freedom were not reserved for the powerful, but granted to all.
However, challenges remain.
He admitted that the advancement of socio-economic rights was not where the government should be, particularly when it came to housing and basic services.
“It will forever remain a blight on our democracy that the applicant in the ground-breaking Grootboom judgment, Ms Irene Grootboom, died in 2008 without her dream of a decent house being fulfilled.”
The president said deepening respect for constitutionalism across all sectors must start with the state.
“We must acknowledge the troubling irony of lauding the Constitutional Court’s progressive judgments on one hand, especially on socio-economic rights, with the reality that the state apparatus has in many of these cases had to be compelled by this very court to fulfil its obligations,” the president said.
He added that this pointed to widespread and systematic shortcomings in service delivery that must be addressed.
“Our people should not have to resort to litigation to have their rights realised, and this is the paramount consideration. At the same time, the potential for reducing litigation against the state must be addressed and this requires structural change,” Ramaphosa said.
The court had at times been dragged into political controversies and managed occasional friction with the executive over separation of powers, he said.
“And yet amidst all these, the Constitutional Court has not been shaken, but stood firm as a credit to the democratic order,” he noted.
“It has withstood political pressure, defended the separation of powers and asserted that no person or institution is above the Constitution.”
To ensure that the judiciary executed its duties independently, effectively and with dignity, Ramaphosa said the government must and would provide a range of institutional, infrastructure, financial, administrative and legal support.
This support was crucial to maintaining judicial independence, which was a cornerstone of democracy and the rule of law.
“Enhancing access to justice and improving court services has been allocated for in this year’s budget, and there have been increases for improving superior court services for judicial education and support, for the filling of vacant posts and to address other funding shortfalls.”
The president reaffirmed the government’s commitment to providing necessary support to courts, saying it was taking steps to advance the independence of the judiciary.
A joint committee would develop an action plan to be finalised in six weeks.
“We will ensure the judiciary is rightly constituted as an equal branch of government with the legislature and the executive.”
He said the Constitution remained a beacon of democracy and a compass for the country’s journey.
“May it continue to stand as a testament to justice, accountability and the resilience of the South African people.”
The president paid tribute to the court’s judges, past and present, to the clerks, legal scholars and advocates whose work has deepened the constitutional culture.
He said their integrity, intellect and independence have given life to the ideals of the Constitution.
“South Africa faces many challenges; poverty, inequality, joblessness and under-development. Yet we move forward as a collective with confidence, fortified by the knowledge that you, the guardians of our constitutional order, are with us, alongside us, guiding us,” Ramaphosa concluded.
“As we look to the next 30 years, let us ensure that the Constitutional Court remains a living institution—responsive, principled and deeply rooted in the values of ubuntu, accountability and human dignity.”
INSIDE POLITICS