By Lehlohonolo Lehana.
President Cyril Ramaphosa has hailed the Constitutional Court as a symbol of South Africa’s enduring commitment to justice, equality, and transformation.
Ramaphosa delivered a keynote address at the celebration of the 30th anniversary of the Constitutional Court in Johannesburg on Friday.
The Constitutional Court is the apex court in South Africa, which was established following the country’s first democratic elections in 1994.
The Court was opened by the country’s first President, Nelson Mandela, in 1995. Its first President was Justice Arthur Chaskalson under then-Chief Justice Michael Corbett.
Ramaphosa extended his gratitude to all the Chief Justices and Senior Justices who have led the highest court in the land over the past three decades.
Over the years, the court has handed down some judgments that have had a profound impact on the law in South Africa, including the abolishment of the death penalty in 1995, the 2002 right to health care and access to HIV/Aids treatment, the 2004 right of access to social security by permanent residents, among many others.
“When the Constitutional Court was established 30 years ago, it was a bold response to a history that had denied the majority of South Africans basic human rights. The court was tasked with safeguarding the Constitution of 1996. Each role was deeply symbolic, and it acted as a symbol of a bold, immortal legal compass. This court was established and built on the grounds of Mandela to embody and become an instrument of justice,” he said.
Ramaphosa intimated that when the Concourt was established by former statesman, it sought to ensure that all South Africans’ basic human rights were protected as enshrined in the guiding document called the Constitution.
“As we cast our minds back to May 1996, when our Constitution was established, and in my capacity as the chairperson. It became our nation’s birth certificate, reflecting a history we have emerged from, built on the values of dignity, equality, and freedom. It sought to affirm the identity and legality of every human being…”
“Just as a parent would attend to the health of their child, the establishment of the court allowed it to be free, as it was born of struggle and hope.
Ramaphosa also announced plans for the judiciary to be established as an independent institution like parliament, a call that judges have been making for years.
“A joint committee is now in action to finalise this whole process of the independence of the judiciary. It has been an anomaly of our constitutional architecture that we’ve had parliament as an independent institution in our constitution fully and properly recognised, and the executive — but the judiciary has on an unfair basis had to depend on government on a variety of matters from getting approval on the appointment of people and not even being in complete control of their own budget,” said Ramaphosa.
“This comes to an end now. The judiciary will be independent. We will ensure the judiciary is rightly constituted as an equal branch of the state, same level as the executive and the legislature.”
At the meeting with the senior leaders of the judiciary led by the chief justice earlier this month, Ramaphosa and minister of justice Mmamoloko Kubayi committed to ensuring the independence of the state.
Chief Justice Mandisa Maya lauded the work of the Constitutional Court in the thirty years of its existence.
She outlined some of the most monumental judgments delivered by the Constitutional Court.
“In my view it would have to be its first judgement State versus Mokonyane which entrenched the right to life, which declared the death penalty unconstitutional and struck it down. “
Meanwhile, in celebrating the anniversary, the Democratic Alliance (DA) called for increased safeguarding of South Africa’s constitutional values.
DA spokesperson on Justice and Constitutional Development Advocate Glynnis Breytenbach said the Court’s jurisdiction was expanded over time to address gaps in the judicial system and strengthen constitutional supremacy in South Africa.
She explained that today, the court had final jurisdiction in all matters, and it had the power to review actions of the President, organs of State and Parliament.