Invited guests rise as former President Thabo Mbeki is greeted by Chief of Justice Arthur Chaskalson at the entrance to Constitutional Hill in Johannesburg at the official opening on 21 March 2004. Photo: Shayne Robinson
To celebrate the 21st anniversary of South Africa’s Constitution, the public is invited to celebrate the Constitutional Court and its role as the defender of human rights.
The event will take place on 10 December and will include the unveiling of the arch for the Arch Monument which will be installed at Constitution Hill in celebration of the Constitution and of Archbishop Emeritus Desmond Tutu’s invaluable contribution to the country’s democracy.
Speaker of Parliament, Frene Ginwala; former President Thabo Mbeki; and Chief Justice Arthur Chaskalson shake hands at the entrance to Constitutional Hill in Johannesburg at the official opening on 21 March 2004. Photo: Shayne Robinson
Back in 1994, the Constitutional Court precinct stood proudly as a symbol of a new South Africa at the Old Fort prison complex.
“The Old Fort was the Robben Island of Johannesburg,” said then-Constitutional Court Judge Albie Sachs.
“A new Constitutional Court rising would dramatise the transformation of South Africa from a racist, authoritarian society to a democracy. A more South African centre of repression and hope could not have been found.
“Above all, it had history – this wasn’t just a neutral space, this was a space of intense drama, of human emotion, of repression, of resistance. And here was the chance to convert negativity into positivity.”
The Constitutional Court precinct in Hillbrow stands as a beacon of hope for all South Africans. Photo: Shayne Robinson
The first 11 judges of the court consisted of seven white and four black members. Two were women. The new members of the Court were all aware of the transformational nature of the new Constitution and the heavy responsibilities which were to be undertaken.
On 21 March 2004, Human Rights Day and 10 years after South Africa became a democracy, the Constitutional Court was inaugurated at Constitution Hill.
Then-President Thabo Mbeki, speaking at the opening said, “The court represents the conversion of the negative, hateful energy of colonialism, subjugation and oppression into a positive, hopeful energy for the present and the future; a celebration of the creative potential of our people that has given us an architectural jewel.
“Constitution Hill also makes the statement that central Johannesburg will continue to grow and thrive, no longer a place of segregation and urban decay, but a leader in our country and continent as the city of the future.”
The Constitutional Court has played a vital role in the last 21 years of South Africa’s history, with some of the landmark rulings being the abolition of the death penalty in 1995 and prisoners’ right to vote in 1999. It then took the bold step of protecting the rights of same-sex couples and, in 1999, it recognised that gay couples should have the same legal rights as heterosexual couples. In 2005 it ordered Parliament to draw up legislation allowing same-sex couples to marry.
There is no doubt that the Constitutional Court is a vital part of society and will continue to play an important role in the next 21 years.
