As the Constitutional Court of South Africa marks its 30th anniversary, legal experts and human rights advocates are reflecting on its pivotal role in shaping the nation’s democracy and safeguarding citizens’ rights.
Since its establishment, the court has delivered landmark judgments that have redefined justice in post-apartheid South Africa. Among its most significant rulings was the 1995 decision abolishing the death penalty, affirming the constitutional right to life. Another historic case, Minister of Health v Treatment Action Campaign (2002), ensured access to life-saving HIV/AIDS treatment for mothers and children, setting a global precedent for health rights enforcement.
A Living Constitution for All
Speaking at Constitution Hill during the anniversary celebrations, Sasha Stevenson, Executive Director of Section 27, praised the court’s accessibility and impact. “South Africa is fortunate to have a constitution that serves as the foundation of our society,” she said. “But having the document isn’t enough—we must work daily to make it real.”
Stevenson highlighted two key cases that spanned her organization’s engagement with the court:
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The 2002 Treatment Action Campaign case, which led to South Africa’s massive antiretroviral (ARV) program, saving millions of lives.
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A 2024 victory for blind and visually impaired citizens, where the court ruled against criminalizing the conversion of written materials into accessible formats pending legislative reform.
Challenges and the Path Forward
Despite progress, Stevenson emphasized the need for stronger enforcement mechanisms, particularly in cases like Michael Komape’s, which addressed unsafe school sanitation in Limpopo. “Time-bound court orders are crucial,” she noted, citing the years of monitoring required to ensure compliance.
She also commended the court’s openness, allowing public attendance—a rarity globally—and urged continued civic engagement to uphold constitutional values.
A Legacy of Justice
Reflecting on her time as a law clerk under former Chief Justice Pius Langa, Stevenson described the court as a symbol of hope. “This building represents what South Africa strives to be—a place where justice is real for everyone.”
As celebrations continue, the court’s legacy remains a testament to its role in transforming South Africa’s legal landscape. Yet, as Stevenson reminded, “The work is far from over.”