Deputy Minister Andries Nel: Human Rights Day Debate in the National Council of Provinces

Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development, in a Human Rights Day Debate in the National Council of Provinces under the theme: Deepening a Culture of Social Justice and Human Rights

Honourable Deputy Chairperson,
Honourable Members,

I respectfully request that we all rise, whether in body or in spirit, and 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."

Deputy Chairperson, we appeal to you, and the Chairperson, to consider making the reciting of the Preamble to the Constitution a standard practice when we meet as the freely elected representatives of the people of South Africa to discharge our duties and responsibilities in terms of the Constitution.

It is a powerful reminder of where we come from, who we are, and the values that inform what we seek to become as a nation.

This important debate takes place in the year that we celebrate the 30th anniversary of the adoption of the Constitution in 1996.
We will do so under the theme: One Constitution, One Nation: Reflect. Renew. Recommit.

We must approach this Human Rights Day in the same spirit. We must reflect, we must renew, and we must recommit.

The theme for today's debate: "Deepening a culture of social justice and human rights" - is not only fitting but also also urgent.

It calls upon us to reflect on the journey we have travelled, to renew our commitment to constitutional values, and to recommit ourselves to building a society where justice, dignity, and equality are not abstract ideals but lived realities.

We must answer the question posed by President Cyril Ramaphosa at the adoption of the Constitution on 8 May 1996 when, as Chairperson of the Constitutional Assembly, he said:

"People will ask what can be said about this constitution.

This constitution, with its Bill of Rights, is the mirror of South African society.

It reflects both the history from which we have emerged, and the values we now cherish - human dignity, equality and freedom.

It proclaims to the world that we are a society committed to democracy, to the rule of law and the protection of human rights.

It proclaims to all South Africans, the landless, the homeless, the women, the workers and the children of this country, that their basic needs and aspirations matter enough to be included in the country's constitution.

It celebrates the richness of the diversity of cultures, religions, and beliefs of South Africans, and affirms that all belong as equals in our one nation.

It commits the State to respecting, protecting, promoting and to fulfilling the rights in the Bill of Rights and acknowledges that it is not enough for the Government simply to refrain from violating people's rights.

It is also necessary for the Government to take positive measures to ensure the full and equal enjoyment of human rights by all South Africans. Through this constitution, we hope to transform our society from one that is based on injustice and strife to one based on justice and peace."

This anniversary coincides with the commemoration of two other important milestones in our struggle to build a united, non-racial, non-sexist, democratic, and prosperous South African nation: the 70th anniversary of the 1956 Women's March to the Union Buildings and the 50th anniversary of the 1976 student uprising.

As we celebrate the rights we have enshrined in our Constitution, we recall the events at Sharpeville on that day in 1960 when apartheid police opened fire on unarmed protestors, killing 69 people and injuring many more.

Human Rights Day reminds us of the sacrifices of our past, the struggles of our present, and the hopes of our future.

The Constitution is the supreme law of the land, the basis for the transformation of our society into a united, non-racial, non-sexist, democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms.

Our Constitution is both revolutionary and transformative. It advances the objectives:

• Of building a South African nation, united in its diversity.
• Of building a democratic and developmental state that meets the needs of the people.
• Of building a transformed, inclusive, and thriving economy that works for all South Africans; and,
• Of building a united, non-racial, non-sexist, democratic, and prosperous society based on the best of human values.

The Constitution has profoundly transformed South Africa's political and legal landscape into a constitutional democracy.
The Constitution is progressive because it not only recognises the injustices and inequalities of the past but places an obligation on government and citizens - women and men, young and old - to work to "heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights".

Our Constitution requires government to pursue transformation policies that meet people's socio-economic needs and redress the injustices and inequalities created by colonialism, apartheid, and patriarchy, to "improve the quality of life of all citizens and free the potential of each person."

It affirms that the people shall govern, that all shall be equal before the law and that dignity, work, shelter, education, health, social security, and basic safety are not privileges but fundamental rights to be enjoyed by every citizen.

For three decades, our Constitution has anchored democratic governance, created independent institutions, expanded access to justice, and enabled major social advances in housing, education, healthcare, water, electricity, social protection, and infrastructure.

These gains have raised the standard of living of millions who lived on the margins of the apartheid state.

It has mandated decisive action to dismantle the legacies of racial, gender and class super-exploitation.

Reflecting on Achievements and Confronting Inequalities

We must celebrate these achievements, but celebration must be matched with renewal and recommitment - and implementation.

We must confront the persistent inequalities that remain.

Democracy has, no doubt, improved lives, yet corruption, unemployment, and poverty continue to erode hope.

Whilst gender equality has advanced, gender-based violence remains at levels which are unacceptably high and been classified as a crisis.

Social justice demands that we confront these realities honestly and decisively.

The Constitution promised transformation. We must ensure that promise is not betrayed.

This 30th anniversary takes place amid increasingly strident attacks on constitutional values, the rule of law and a rules-based international order.

Across the world, the values of democracy, equality, equity, inclusion, human solidarity, gender equality, and social justice are under attack.

The fundamental assertion of the Universal Declaration of Human Rights that, "… the inherent dignity and … the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," is under threat.

These universal values are enshrined in the Freedom Charter and the Constitution of the Republic of South Africa.

This attack seeks to delegitimise any government that aims to address inequalities, whether between nations, communities, genders, races, and individuals.

It seeks to undermine the existing rule-based order in the world, and return human civilization to an era of might, privilege, and subjugation.

The vast majority of South Africans, and indeed of global humanity, embrace these values of freedom, equality, non-racialism, non-sexism, and human solidarity.

However, there is an increasingly vocal minority in our country that make common cause with this global attack and actively propagate falsehoods.

Their aim is to undermine South Africa's constitutional democracy, non-racialism, non-sexism, and the transformation project.

They employ multifaceted tactics, including the propagation of blatant false hoods such as claims of "white genocide," to attract sympathy and solidarity from global racist movements and individuals.

Reversing the gains of democracy by any means has become an increasingly open objective of domestic anti-transformation forces and their global allies.

Therefore, given these challenges, the current situation demands that we build the broadest united front to defend, consolidate and advance our Constitutional democracy and status as a sovereign country in the family of nations.

We must defend and advance the Constitution and the institutions of our constitutional democracy and ensure that they work for all South Africans.

We must defend and advance the rights of workers, the unemployed, the informal sector, small businesses, professionals, farmers, and the middle class.

We must defend and advance quality basic services and the expansion of housing, education, healthcare, electricity, water, sanitation, the social security net, roads, broadband services, and infrastructure to millions of South Africans.

The Preamble to our Constitution enjoins us to: "Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations."

Sovereignty is based on the fundamental principle that every state has the right to govern its own territory and decide on its internal affairs without any foreign interference.

This coming Saturday, 21 March, thousands of people will march to Constitution Hill on Human Rights Day.

They will be joining the People's March in Defence of South Africa's Sovereignty and Democratic Gains.

This sends a powerful message that we are a nation, united in our diversity around our Constitution and in defence of our statehood and sovereignty.
Minister Mmamoloko Kubayi, the Minister of Justice and Constitutional Development, will be there to receive their memorandum on behalf of government.
Defence of our sovereignty must be rooted in dignity, common values, and national pride among all South African citizens.

The 30th Anniversary of the Adoption of the Constitution presents a profound opportunity for South Africa to take stock and chart a renewed course for the next three decades of democratic consolidation.

The Constitution has served as both a legal foundation and a moral compass, guiding the nation through turbulence and triumph, transformation, and trial.

Yet, its continued vitality depends not only on institutions but on the daily confidence and participation of the people.

The commemoration must therefore be a national civic renewal campaign - a coordinated, multi-sectoral programme that reaffirms constitutionalism as the cornerstone of national identity and as a living instrument for justice, equality, and development.

Cabinet has adopted a programme providing for a yearlong, whole of government and whole of society celebration. Its goals include:

• Celebrate and reaffirm constitutional values.
• Educate and engage citizens, especially the youth.
• Reflect and evaluate the performance of democracy.
• Promote the rule of law in everyday life.
• Strengthen institutional trust and accountability.
• Foster national unity and social cohesion.
• Recommit to transformation of our society.

Just like the constitution making process, the national commemoration will be an inclusive initiative involving multiple stakeholders, including government departments, Chapter 9 institutions, civil society, organised labour, business, traditional and religious leaders, youth formations, and educational institutions.

The programme will include public dialogues, civic education, cultural events, youth engagements, symbolic events at historic sites such as Sharpeville and Constitution Hill, and other community driven initiatives to deepen constitutional awareness and social cohesion.

We must use this as an opportunity to educate and empower citizens, especial young people, on the Constitution, on their rights and responsibilities as citizens, and how they can enforce these rights.

That is why this year we will promote the reading the Preamble at schools and public events; host dialogues, moot courts, and youth debates; translate constitutional materials into all languages, braille, and audio formats; and mobilise the creative sector to tell the stories of ordinary people whose lives have been transformed by constitutional justice.

Constitutional literacy must become the property not only of lawyers, but of learners, workers, students, traditional leaders, faith-based communities.

Only when every person understands their rights, and respects the rights of others, can social justice truly take root.

We urge all public representatives through their Parliamentary Constituency Offices to play an active role in this campaign.

Let us show ourselves to be equal to the challenge posed by President Nelson Mandela when he said, at signing the Constitution into law at Sharpeville on 10 December 1996, that:

"Today we cross a critical threshold.

Let us now, drawing strength from the unity which we have forged, together grasp the opportunities and realise the vision enshrined in this constitution.

Let us give practical recognition to the injustices of the past, by building a future based on equality and social justice.

Let us nurture our national unity by recognising, with respect and joy, the languages, cultures and religions of South Africa in all their diversity.

Let tolerance for one another's views create the peaceful conditions which give space for the best in all of us to find expression and to flourish.

Above all, let us work together in striving to banish homelessness; illiteracy; hunger and disease.

In all sectors of our society - workers and employers; government and civil society; people of all religions; teachers and students; in our cities, towns, and rural areas, from north to south and east to west - let us join hands for peace and prosperity.

In so doing we will redeem the faith which fired those whose blood drenched the soil of Sharpeville and elsewhere in our country and beyond.

Today we humbly pay tribute to them in a special way.

This is a monument to their heroism."

One Constitution. One Nation. Reflect. Renew. Recommit.

I thank you.

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