State of the Nation 2024
The nation’s compass - by Valli Moosa
What do you say when your nation is about to define for now and forevermore the rules by which it is governed?
What do you say at that very moment when South Africa finally turns its back on three hundred years of oppression?
This was the enormous burden weighing down on the 54-year-old leader of the majority in the Constitutional Assembly, Thabo Mbeki.
The Constitutional Assembly, under the Chairpersonship of the 44-year-old Cyril Ramaphosa, had completed its work. In the preceding two years, Ramaphosa had overseen a process of constitution drafting which the world marvelled at.
Both men understood the weight of the moment.
At 9.05am on 8 May 1996, the Deputy Chairperson of the Assembly, Leon Wessels, called on Ramaphosa to present the draft Constitution.
Ramaphosa used that famous phrase associated with him: “I present to you the Birth Certificate of the South Africa…”.
This was done under the watchful eye of 78-year-old President Nelson Mandela who was in attendance as an observer.
At 9.20am, Leon Wessels called on Thabo Mbeki.
What followed was South Africa’s greatest ever political speech. As Mbeki recited his opening words “I am an African”…. you knew that he had captured the great moment.
He spoke not in technical terms about this or that great feature of the Constitution, but rather about its bigger meaning - about its representation of the essence of our nation.
In this 30th year of our democracy, the Constitution remains the stable centre of South Africa.
It is often referred to as the supreme law. But it is much more. It is the manifesto of our nation. It is the charter of our freedom.
It serves as the mirror we use to judge ourselves.
It is the standard we expect those in political and economic power to respect.
It is the ultimate weapon of the poor, the weak and the disadvantaged.
It is the window through which the nation looks at the future we want.
The Constitution is used every day by citizens to speak truth to power.
But how is it that this modest document became so enduring and so central to daily discourse?
The deep legitimacy enjoyed by the Constitution is in no small way the product of the process of its making.
The founding fathers and mothers of our nation were of the view that how the constitution is created, who writes it and who decides on it was crucial to whether or not the nation as a whole will own it at that time and for generations to come.
It is thus that the Constitution was not drafted behind the backs or above the heads of the people.
The Constitutional Assembly, composed of 490 members was chosen by the 20 million people who voted in the remarkable 1994 elections.
The 490 came from every corner of South Africa representing every racial and language group and all religious backgrounds. They represented the full diversity of South Africa. Just look at the names of the members and you will see every corner of South Africa, all political persuasions, all religions. You will see among them young and old. You will see among them women and men.
Ramaphosa ensured that every single meeting of the CA was held in full view. The public and media were allowed to attend all meetings, discussions and debates. Nothing was done in secret.
From the moment of its election, the Constitutional Assembly understood that the writing of the final Constitution had to be genuinely participatory if it was to be credible.
The Constitutional Assembly launched the largest ever public participation campaign to date.
The CA asked the citizens to send in their thoughts. A staggering 1 753 424 submissions were received!
Discussions were held on radio and TV on an almost daily basis.
Members also did another remarkable thing. They travelled the country to speak to the citizens where they were. Public meetings were held in town halls, churches and schools at which citizens were able to directly speak to the CA members about their wishes.
When the new Constitution was finally voted upon, it was supported by an overwhelming majority in the CA. (As a matter of interest, only 2 members - less than 0,5 % - voted against).
It can comfortably be said that our Constitution was genuinely the making of the nation.
The Constitution remains South Africa’s stable centre because it genuinely captures the nation’s hope and aspirations. It is both of the people and for the people.
After 300 years of slavery, colonialism and apartheid, the Constitution gives us the right to choose our own government. The people can freely choose their own government. That’s big!
In May, this is exactly what the nation will be doing.
The right to vote was a central demand of the great South African freedom struggle.
The Constitution remains the flame of our democracy. It secures basic human rights, provides avenues to hold the state accountable, and creates the enabling conditions for a society based on human dignity, equality and freedom.
The Constitution serves as the instrument through which South Africans assert their rights. It serves as an instrument to transform our society from an unequal and unfair one, to one that is more equal and fair.
The Constitution asserts the inherent dignity of all.
It is a weapon in the hands of the underdog, of the racially discriminated against, of the economically marginalised, of the women who are subjected to patriarchy and for the protection of children.
The Constitution is our weapon for protecting and deepening our democracy – for assisting us in achieving the dream that no government rules without the consent of the people.
Thirty years after the start of democracy, the Constitution continues to serve as the pride of our nation.
Valli Moosa was one of the architects of the Constitution. He served as Minister of Constitutional Development in President Mandela’s cabinet. He is currently the Chairperson of We The People, an organisation that promotes knowledge and understanding of the Constitution.
This article originally appeared in the Sunday Times and is republished here with permission from the author.
Read the original article here.