ConCourt’s ‘humanistic jurisprudence’ a source of pride, Ramaphosa says

As the country marked the 30^th anniversary of the Constitutional Court, President Cyril Ramaphosa has called for continued recognition of the apex court’s role in upholding democracy, saying its “humanistic jurisprudence is a source of pride.”

The Constitutional Court marked its 30th anniversary on Friday.

Human rights

Writing in his weekly newsletter, Ramaphosa discussed the threat to human rights across many parts of the world, with constitutionalism increasingly being tested.

Ramaphosa stated that in March this year, the UN Human Rights Council said the ‘world is facing a moment of profound instability’ – characterised by conflict, democratic backsliding, declining respect for the rule of law, right-wing populism, attacks on civil society and judicial independence being undermined.

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Freedoms  

He said the council stressed the need for countries to strengthen democratic institutions charged with safeguarding fundamental rights and freedoms.

“As South Africans, we can be proud that we continue to strive to live up to this obligation. Even as we face numerous challenges, our democratic order is in good health, anchored in a progressive constitution and a Constitutional Court that continues to safeguard the rights of all”.

‘Key facet’

Ramaphosa said the imperative for the establishment of a specialised constitutional court was a “key facet” of the multiparty negotiations that preceded the democratic transition.

“Whilst some believed that existing structures such as the Supreme Court could perform this task, the ANC advocated for a new court that was untainted by the past.

“Just as drafters of the constitution itself drew heavily on the experiences of other countries, when considering the model of the court, we looked to other jurisdictions for inspiration,” Ramaphosa said.

‘Uniquely South Africa’

Ramaphosa said while the ConCourt draws on the wisdom and support of international partners, it remains uniquely South African in its outlook, orientation, and values.

The president said the court’s first case in 1995, on the constitutionality of the death penalty, set the tone for a humanistic jurisprudence grounded in human dignity that endures to this day.

“In his judgment, one of South Africa’s finest legal minds, South Africa’s first black Chief Justice Ismail Mohamed, immortalised the vision of the new court,” Ramaphosa said.

“The South African Constitution is different,” Justice Mohamed writes.

“It retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of that part of the past which is disgracefully racist, authoritarian, insular and repressive, and a vigorous identification of and commitment to a democratic, universalistic, caring and aspirationally egalitarian ethos.”

Ramaphosa said throughout its “proud history”, the ConCourt has carried out its work without “fear or favour, not hesitating to hold even the most powerful in society to account.”

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