South Africa’s Constitution charts our way

Wednesday, June 12, 2024

By Michael Currin

South Africa recently concluded its seventh democratic general elections, ushering in a new chapter in our democracy, as there was no outright majority winner. While this may in some regards feel like unchartered waters for many South Africans and will require political parties to work together in a new way through a government of national unity, this is not entirely new territory for our nation. Above all, this period will be guided by our world acclaimed Constitution, which lays the foundation for a democratic and open society in which government is based on the will of the people.

The Constitution was designed to create an environment for all South Africans to work together in the interest of advancing our nation and the rights of her citizens. It enshrines the rights of every South African and explains our obligations as citizens to each other and the country within those rights.

Importantly, in this period following the elections, the Constitution sets out specific timelines within which members of elected political parties must be sworn in as new lawmakers and within which the National Assembly must sit and elect the Speaker and President. The first sitting of the National Assembly must occur no more than 14 days after election results are declared.

As the legislative authority of the Republic, the National Assembly must ensure a government by the people by choosing a President, who must within five days, then assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution at an inauguration ceremony. The Constitution empowers the President to appoint the Deputy President and Ministers and assign them functions. 

These precepts of the Constitution have long been a foundation upon which we have built our nation and continues to guide our actions in the administrative processes of our democracy. We once again lean on our nation’s founding document for direction, stability and certainty.

Moreover, our Constitution empowers government and society at large to take steps to promote equality by advancing people who have been disadvantaged by unfair discrimination.

It is regarded as one of the most progressive in the world and many of its provisions are based on the Freedom Charter. The charter was adopted in 1955 in Kliptown following wide consultation with thousands of people about the South Africa they would like to live in. Its preamble is incorporated in the Constitution.

While South Africa is a diverse country it is strengthened by a common heritage and common values as outlined in the Constitution. Our social cohesion as a nation is informed and rooted within our Constitution. It shows how South Africans can unite and work towards a common goal.

The Constitution anchors our vision of a “South Africa that belongs to all who live in it, united in our diversity”. Without a high degree of social cohesion and without unity of purpose it is difficult to envisage South Africa overcoming the obstacles that stand in the way of prosperity and equity.

It is important to stress that our Constitution does not solve problems in themselves; however, it gives us a platform to solve problems. It contains checks and balances to ensure accountability and the protection of the rights of citizens are adhered to and respected.

As the country continues on its democratic journey towards a new administration, the work of the State, will not be impacted. Our service delivery programmes continue in line with commitments in the Strategic Plans and Annual Performance Plans of government departments. The Constitution compels officials in all institutions of public administration to be accountable to the people they serve.

South Africans can therefore rest soundly, knowing that our democracy remains robust and strong in line with our Constitutional commitments. As we prepare to enter our seventh administration, let us make the tenets of the Constitution part of our daily lives to build a better nation.

*Michael Currin is the Deputy Director-General: Intergovernmental Coordination and Stakeholder Management at GCIS