Why do we have a Constitution?

After the end of apartheid in South Africa, there was a need to establish a democratic system of government that upholds human rights, dignity, freedom, and equality of all people.
Such a democratic system is best implemented and guaranteed by means of a Constitution. The Constitution of a country contains a set of rules and values to guide the actions of those who govern and those who are governed. It explains how the government must be organised and how it must operate and allocate the roles and responsibilities of state institutions.
Today, South Africa is what we call a Constitutional democracy. Negotiations for a new Constitution started in the early 1990s, with an interim Constitution adopted by Parliament in 1993. A lot of people were involved in the making of the final Constitution for a democratic South Africa. The Constitutional Assembly was responsible for the drafting of the final constitution after feedback was gathered from the public.
The Constitution of the Republic of South Africa was adopted in December 1996. President Nelson Mandela signed it into law and it became effective on the 4 February, 1997. The Constitution of 1996 is the country’s first democratic Constitution. It has been hailed across the world for protecting such a wide spectrum of rights, and because of its concern for the marginalised and vulnerable.
Before the Constitution became the highest law in the country, South Africa was governed by the white minority on the basis of a system of parliamentary sovereignty. That means that Parliament was supreme and could make and pass any legislation it chose to, provided that the correct parliamentary procedure was followed. Even when the legislation infringed on human rights and gave absolute power to the president, the courts could not declare it invalid.
The Constitution contained no Bill of Rights and the courts had no power to check whether the laws conformed to the Constitution. Law making was not guided by constitutional values and principles, only by the interests of politicians in Parliament.
Today, the supremacy of our Constitution ensures that lawmakers and government have to follow the rules and values outlined in the Constitution. Being the supreme law of our country means that any law and conduct can be tested against the Constitution and can be declared invalid, if it clashes with the Constitution.

At the same time, a Constitution is a living document, and amendments are possible. In South Africa, this has happened several times since the Constitution’s adoption in 1996. Some of these amendments were technical changes. Other changes were made in reaction to new developments in the country.
To change the Constitution requires a two-thirds majority of votes in the National Assembly in support of the amendment. This makes it difficult to change the Constitution to ensure that a governing party, with a simple majority, cannot change the Constitution only to advance its own interests.
Now, let’s have a closer look South African Constitution. The Constitution starts with a preamble, which explains its purpose. The preamble of our Constitution affirms that we, the people of South Africa, have freely adopted the Constitution to heal the divisions of the past, and to establish a society based on democratic values, social justice, and fundamental human rights.
Our Constitution contains 14 chapters, each of which deals with one specific topic.
Chapter 1 contains the founding values on which the Republic of South Africa is based. These values are reflected in specific provisions contained in the rest of the Constitution.
Chapter 2 contains the Bill of Rights, widely regarded as the cornerstone of our South African democracy. The bill requires the state to always respect, protect, promote, and fulfill the rights guaranteed in the Bill of Rights. It can be regarded as a kind of rulebook for both the state and citizens on how to treat people.
Chapter 3 directs the different levels of government at national, provincial, and local levels to work together and explains how this must be done. Chapters 6 and 7, set out the powers and functions of provincial and local government, and explain how they must function.
Chapters 4, 5 and 8 lay out the structure, roles, and responsibilities of the three branches of the state, being the executive, the legislature, and the judiciary.
Chapter 9 deals with the state institutions supporting and protecting our constitutional democracy, also referred to as the ‘Chapter 9 Institutions’. Examples include the Public Protector or the South African Human Rights Commission.
Chapter 10 deals with public administration. This means that it refers to the people who work in, and are paid by, the public service.
Chapter 11 refers to the security service of the country, which is carried out by the defence force, police service and the Intelligence Service.

Chapter 12 of the Constitution provides recognition of the institution, status, and role of traditional leaders.
Chapter 13 deals with the general financial matters of the Republic.
Finally, chapter 14 of our Constitution sets our various general provisions, including, for example: international agreements and the application of international law. This chapter also deals with issues such as funding of parties and provides definitions on different types of legislation and organs of states.
Now, to summarise: why do we have a Constitution?
As we have learned, our Constitution of 1996 is the supreme legal document of the Republic of South Africa. It protects our rights as citizens and offers special provisions to hold political leaders accountable, in line with democratic values and principles. We are no longer subject to the whims of an authoritarian regime, but can be active citizens in a constitutional democracy.
South Africa chose to follow a worldwide trend, by adopting a supreme Constitution to guide society towards the establishment of a meaningful democracy, in which the ideals of freedom, equality, justice, good governance, and peace, can be pursued. The Constitution protects us against the abuse of power and contains a promise for a better future.
We have inherited the fruits of the work of former president Nelson Mandela and millions of South Africans who fought for democracy during the struggle against apartheid. It is of utmost importance that we, as citizens, protect the Constitution against possible threats and help to ensure that political leaders adhere to the provisions of the Constitution. Our Constitution is our blueprint for a better future.