<-- Back to events and advice index
Advice and Events
We, the people of South Africa
The theme for this year's Freedom Day is "Joining hands to celebrate 100 years of struggle for human rights and constitutional democracy". As such, the spotlight falls on South Africa's Constitution, which exemplifies human rights, democracy and freedom.
The theme for this year's Freedom Day is "Joining hands to celebrate 100 years of struggle for human rights and constitutional democracy". As such, the spotlight falls on South Africa's Constitution, which exemplifies human rights, democracy and freedom.
"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."
These words from the preamble of South Africa's Constitution, refer to the fundamental human rights included in the Constitution.
South Africa's Constitution is widely recognised as one of the most progressive in the world. Human rights occupy pride of place in the Constitution with the Bill of Rights having attracted interest worldwide.
Contained in Chapter 2, the Bill of Rights is the part of the Constitution that has had the greatest influence on South Africans. The first words of the chapter introduce the Bill of Rights as a "cornerstone of democracy" that enshrines the rights of all South Africans."
Among other things, it protects our freedom and our dignity; it promotes equality, tolerance, responsible behaviour and respect for human life and supports all the other values in the Constitution.
SA first
Among the rights included in the Bill of Rights are the right to life, equality, human dignity, freedom of expression, freedom of religion, freedom of association, political rights and the right to peaceful assembly and demonstration.
These are the "first generation" rights, which are guaranteed in most democratic countries.
However, a distinctive feature of our right to equality is that it includes a prohibition against unfair discrimination based on sexual orientation. South Africa is the first country in the world to insert such a clause in its Constitution.
Our Bill of Rights also contains socio-economic rights, or "second generation" rights. These place a duty on government to work to provide education, health services, water and housing.
The last group of rights in the Bill of Rights, the "third generation" rights, has also attracted admiration for our Constitution. They include the right to having the environment protected, the right of access to information and the right to just administrative action.
The rights conferred by the Constitution have been the basis of a number of ground-breaking court cases. Examples include cases involving the rights for women, children, workers and gays and lesbians.
Supporting democracy
Another significant feature of our Constitution is that it has set up several independent bodies to support and safeguard democracy.
These are the:
- Auditor-General
- Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
- Commission on Gender Equality
- Human Rights Commission
- Independent Electoral Commission
- Public Protector
Collective wisdom
South Africa's Constitution was signed into law on 10 December 1996, and took effect on 4 February 1997. It is the supreme law of the land and no other law or government action can supersede the provisions of the Constitution.
The Constitution represents the collective wisdom of the South African people, as it has been arrived at by general agreement.
The process of drafting the Constitution involved many South Africans in the largest public participation programme ever carried out in South Africa.
After nearly two years of intensive consultations, political parties represented in the Constitutional Assembly negotiated the formulations contained in this text. It represents an integration of ideas from ordinary citizens, civil society and political parties from inside, as well as outside the Constitutional Assembly.
-Louise van Niekerk
Shanine Hendricks
I think the Constitution is very important for South Africans. It allows them to understand their rights as human beings and to ensure that they uphold and respect the law at all times. Without it society would be in chaos. The constitution isn't just important, it is the MOST important document ever crafted in South Africa. It is the one document that affects every single citizen in this country every single day. Marlet Venter
South Africa has one of the most advanced constitutions in the world, which is based on freedom and equality for all citizens. The Bill of Rights especially makes most South Africans feel safe in the knowledge that their basic rights are constitutionally protected. As the highest law in the country, our Constitution was born after a great deal of debate and negotiation. I was therefore shocked to learn that government wants to make some changes and it is disturbing to think that it may take power or freedom away from the people.Gizelle Athman
The Constitution contains the most important rules of our political system. It protects the rights of the people inside the country, and it explains their obligations. It defines the institutions of South Africa, what their powers are, and how they may use their powers. All South Africans should know about the Constitution and what it means for them, yet the shocking thing is that most South Africans think it's just a small irrelevant book.