From ensuring same sex marriages, access to HIV/Aids treatment, to ensuring social justice is affirmed, the country’s Constitutional Court, which on Friday celebrated 30 years of existence, has been hailed for its contribution to the country’s constitutional democracy.

President Cyril Ramaphosa reflected on the apex court’s contribution to freedom, dignity, and justice during his keynote address at the court’s headquarters at Constitution Hill, Braamfontein..

Ramaphosa also extended his gratitude to all the Chief Justices and Senior Justices who have led the highest court in the land over the past three decades.

Over the years, the court has handed down some judgments that have had a profound impact on the law in South Africa, including the abolishment of the death penalty in 1995, the 2002 right to health care and access to HIV/Aids treatment, the 2004 right of access to social security by permanent residents, among many others.

“When the Constitutional Court was established 30 years ago, it was a bold response to a history that had denied the majority of South Africans basic human rights. The court was tasked with safeguarding the Constitution of 1996. Each role was deeply symbolic, and it acted as a symbol of a bold, immortal legal compass. This court was established and built on the grounds of former president Nelson Mandela to embody and become an instrument of justice,” he said.

Ramaphosa intimated that when the Concourt was established by former statesman Nelson Mandela, it sought to ensure that all South Africans’ basic human rights were protected as enshrined in the guiding document called the Constitution.

“As we cast our minds back to May 1996, when our Constitution was established, and in my capacity as the chairperson. It became our nation’s birth certificate, reflecting a history we have emerged from, built on the values of dignity, equality, and freedom. It sought to affirm the identity and legality of every human being…

“Just as a parent would attend to the health of their child, the establishment of the court allowed it to be free, as it was born of struggle and hope.

“We believe that never again shall South Africa be governed without equality, dignity, and justice for all. This court has contributed not just judicial validation but has also elevated the consciousness of our people and contributed to building trust in our legal and judicial system. It has also contributed to advancing social cohesion and reconciliation, which has been enhanced by this court through its judgments, ensuring that all people are treated fairly, while promising a sense of belonging to all citizens,” he added.

On the recent challenges, South Africa’s fifth democratically elected president added that despite recent challenges with the court being dragged into the political arena, those who have led the court have managed to keep it out of politics and political interference through some of its judgments and the impeccable work they have done and continue to do.

“This court has contributed a rich jurisprudence. These judgments have not been mere legal decisions but have shaped and strengthened our democracy and affirmed the rights of same-sex couples, the sick, and the infirm…

“The court has been drawn into the political arena, yet it has managed to withstand this pressure and has remained steadfast in upholding the democratic order we have established. This has ensured that this court becomes a court we are all proud of as it, over the years, withstood political pressure in defence of our political power,” he added.

siyabonga.sithole@inl.co.za

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