Mmamoloko Kubayi Hails Constitution as Bedrock of SA’s Democracy at 30

South Africa's Constitution remains the country's most important safeguard for democracy, rights and accountability, Justice and Constitutional Development Minister Mmamoloko Kubayi told Parliament on Tuesday, as lawmakers marked the 30th anniversary of the Constitution of the Republic of South Africa.

Delivering a statement in the National Assembly, Kubayi said the Constitution should be celebrated not as a flawless document, but as a living framework that continues to anchor democratic governance, guide social transformation and protect the rights of all South Africans.

Constitution Still Central to Democratic Stability

Marking three decades since its adoption, Kubayi described the Constitution as a foundational instrument that has helped sustain South Africa's democratic order in a complex and evolving political landscape.

"We celebrate the 30 years of the Constitution not because it is perfect but it is a vital framework for the sustenance of our democracy, progressive realisation of human rights, and accountability," she said.

Her remarks framed the anniversary as both a celebration and a call to action, urging lawmakers and public office bearers to recommit themselves to improving the lives of citizens.

Mandela's Vision Recalled in Parliament

Invoking the words of former President Nelson Mandela from the day the Constitution was adopted, Kubayi said government's legitimacy rests on its ability to confront poverty, disease, illiteracy and inequality.

She said the 30-year milestone should prompt reflection on whether South Africa is doing enough to fulfil the Constitution's promise of dignity, justice and shared prosperity.

"It is time for all of us to reflect on this 30 years of our Constitution and recommit to improve the quality of life of the people," Kubayi said.

A Historic Turning Point in 1996

Kubayi recalled 8 May 1996 as a defining moment in South Africa's democratic journey, when elected representatives adopted the Constitution as the supreme law of the land.

She noted that the document emerged after extensive negotiations involving political leaders, legal scholars, negotiators and broad public participation, giving it both legitimacy and historic weight.

"The adoption of the Constitution marked a significant and irreversible moment in our people's march towards a united, non-racial, non-sexist and democratic South Africa," she said.

According to Kubayi, the Constitution did more than formalise democratic rules and institutions. It also gave expression to the aspirations of the majority and became part of South Africa's national identity.

Parliament's Diversity Reflects Constitutional Success

Highlighting the current composition of Parliament, Kubayi said the presence of 18 political parties in the 400-seat National Assembly demonstrates the enduring strength of constitutional democracy.

She said the range of parties represented in Parliament reflects the Constitution's success in enabling free political participation and competitive elections.

"The parties represented here today were freely elected in open, free and fair elections representing the will of the people," she told MPs.

Kubayi linked this directly to the democratic principle that "The people shall govern", describing it as one of the core pillars of South Africa's constitutional order.

Constitution Born from a Painful Past

The Minister said the democratic Constitution must be understood against the backdrop of apartheid and colonialism, systems she described as rooted in racial oppression, exclusion and dispossession.

She said the Constitution was drafted with two core purposes: to secure peace and stability after years of conflict, and to lay the foundation for the transformation of South African society.

"Broadly speaking, our Constitution was drafted to achieve peace, unity and stability after many years of painful and violent struggle," she said.

Kubayi added that the Constitution was deliberately designed to dismantle institutionalised racial hierarchy and lay the groundwork for a society based on democratic values, social justice and fundamental human rights.

Judiciary Praised as Defender of Rights

Kubayi also pointed to the role of the judiciary as one of the Constitution's major achievements, saying South Africa's courts have asserted their independence and consistently defended citizens' rights.

"Our judiciary has been consolidated into a unitary hierarchical structure that has asserted its independence with decisiveness and stood the test of time as a protector and defender of people's rights," she said.

She argued that the Constitution's long-term brilliance lies in its ability to guide a progressive transformation project, even as social and economic challenges remain unresolved.

Anniversary a Call to Deepen Transformation

While acknowledging that South Africa still faces deep inequalities and unresolved injustices, Kubayi said the Constitution continues to provide the roadmap for building a more equitable and inclusive society.

Reflecting on the preamble's declaration that South Africa belongs to all who live in it, black and white, she said the country chose reconciliation and coexistence over division, despite its painful past.

The 30th anniversary, she suggested, should not only honour a legal milestone but also renew a national commitment to making constitutional promises real in people's daily lives.