Media Statement

The African National Congress (ANC) marks the 30th anniversary of the adoption of the Constitution of the Republic of South Africa, adopted by Parliament on 8 May 1996, as one of the greatest milestones in the democratic history of our country and people. Unlike all constitutions since the 1910 Union of South Africa, the 1996 Constitution became the first Constitution for all South Africans, a Constitution born out of struggle, sacrifice, negotiation and the collective aspirations of the oppressed majority for freedom, equality, dignity and justice.

This historic Constitution laid the foundation for the building of a united, non-racial, non-sexist and democratic South Africa. It established a constitutional order anchored in human dignity, equality, freedom and social justice, while creating the basis for reconciliation, nation building and redress after centuries of colonialism and apartheid dispossession. Guided by the values and traditions of the liberation struggle, it drew inspiration from the 1923 ANC Bill of Rights, the African Claims document of 1943, the Women’s Charter, the Freedom Charter of 1955, the Constitutional Principles for a Democratic South Africa of 1991, and the Reconstruction and Development Programme of 1994.

The ANC celebrates this important milestone with pride in the achievements of our constitutional democracy over the past three decades. The Constitution has guaranteed equal rights for all South Africans and entrenched fundamental freedoms, including freedom of speech, freedom of the media, the right to organise, the right to protest, and access to socio-economic rights such as education, healthcare, housing, social security and justice. It has guided our democratic journey towards healing the divisions of the past and advancing the project of nation building and reconciliation.

Over the past 30 years, the democratic state has progressively expanded access to basic services, education, water, sanitation, healthcare, electricity, social grants and public infrastructure to millions who were deliberately excluded under apartheid. The Constitution enabled the introduction of the social wage and created the framework for meeting the basic needs of the people, especially the poor and working class.

The ANC also takes pride in the progressive jurisprudence and transformation of the judiciary under the democratic Constitution. One of the defining moments of our democracy was the landmark Constitutional Court judgment in S v Makwanyane, where the Constitutional Court abolished the death penalty, affirming that capital punishment violated the fundamental rights to life and human dignity and constituted cruel, inhuman and degrading punishment. This decision reflected the moral and human rights foundation upon which democratic South Africa was built.The ANC further celebrates the transformation of institutions of state, including the judiciary itself. Justice Yvonne Mokgoro became the first female Justice of the Constitutional Court, paving the way for greater gender transformation in the legal fraternity and the apex court. Today, women constitute the majority in the Constitutional Court, reflecting the constitutional commitment to non-sexism and equality.

The Constitution remains a living instrument for socio-economic transformation and redress. Through Section 25 and progressive legislation such as the Expropriation Act, democratic South Africa continues to pursue land reform and restorative justice to reverse the legacy of dispossession. For the ANC, land reform is not symbolic, but a catalytic instrument for economic transformation, rooted in the historic Freedom Charter declaration that “The land shall be shared among those who work it” and that “The people shall share in the country’s wealth.”

Among the major democratic advances flowing from the Constitution are progressive laws aimed at expanding equality and access to opportunity, including the Basic Education Laws Amendment Act, which advances access, diversity and transformation in education in honour of the generation of the 1976 June 16 Uprising, particularly as the country approaches the 50th anniversary of that historic revolt. The National Health Insurance Act advances the constitutional vision of healthcare for all, while the Employment Equity Amendment Act strengthens the pursuit of equity and transformation in the workplace.

As we celebrate these achievements, the ANC also recognises that 30 years of democracy have primarily laid the foundations for transformation, and that much work still remains. The structural inequalities created by apartheid colonialism persist in the economy, in patterns of ownership, management, access to opportunity and spatial development. The struggle for economic transformation, inclusive growth, industrialisation, job creation, skills development, land reform and agrarian transformation therefore remains central to the full realisation of the Constitution’s promise of a better life for all.

The ANC notes with concern the growing pushback against the transformative values of the Constitution by forces opposed to affirmative action, Broad-Based Black Economic Empowerment, land reform and universal healthcare. We reject attempts to undermine transformation, sponsor secessionist tendencies, weaken national unity or reverse the democratic gains achieved since 1994. The Constitution obliges all of us to heal the divisions of the past through meaningful redress and inclusion.

At the same time, the ANC recognises that no Constitution is static or perfect. Constitutions evolve as societies evolve. What remains permanent, however, are the founding values of human dignity, equality, non-racialism, non-sexism, democracy and social justice that underpin our constitutional order.

On 8 May 1996, then Deputy President Thabo Mbeki delivered the historic I Am an African speech during the constitutional adoption process, affirming the identity, unity and destiny of the people of South Africa and the African continent. Guided by this vision, democratic South Africa has championed the African Agenda and African Renaissance, including the transformation of the Organisation of African Unity into the African Union in 2002, the adoption of Agenda 2063, and the advancement of the African Continental Free Trade Area as part of building “The Africa We Want.”The ANC recognises that the challenges associated with undocumented migration and sporadic outbreaks of frustrations against African migrants must be addressed responsibly, humanely and in partnership with neighbouring countries within the Southern African Development Community region. South Africa’s constitutional commitment to Pan-Africanism, solidarity, sovereignty, national security and unity among African peoples remains firm. South Africa belongs to all who live in it, united in diversity, and our democracy must continue to uphold both constitutional rights and the rule of law.

As we commemorate 30 years of the democratic Constitution, the ANC calls on all South Africans to defend and deepen our constitutional democracy, to reject racism, tribalism, xenophobia, sexism and division, and to continue working together to build a united, inclusive, prosperous and non-racial South Africa.

We reaffirm our commitment to the constitutional vision of a society based on democratic values, social justice and fundamental human rights. We honour all those who suffered, sacrificed and laid down their lives for freedom and justice in our land.

Together, let us continue advancing the constitutional promise of dignity, equality, unity in diversity and a better life for all.

May God bless South Africa and protect her people.

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