By Andries Cornelissen B. Proc, Practical Legal Training, Accredited and Certified Mediator, International Accredited and Certified Mediator London School of Mediation, Certified and Accredited Conflict Coach, Practicing Associate: The Association of Arbitrators, Certified and Accredited AHI Representative
The first sign of the potential problem was dwindling fog rolling in graciously from the ocean. Your manner of being is still at peace, as it is truly a beautiful and magical experience to see nature in action. Fog however does not roll in isolation, no, it consumes everything. It covers everything up until such a stage that you find yourself isolated from the rest of the world. You cannot see in front of you and that initial feeling of magic changes to a state of uncertainty as you try and find your way back. What once was a well-known route becomes a maze of obstacles. As darkness sets, fear becomes your companion as you walk slowly with uncertainty one little step at a time.
In our South African democracy, the warning signs were there, the signs of danger visible in what was reported on many forums. As citizens we found ourselves in a failing economic climate, record unemployment, state capture and then COVID came. Last year we got to know what an attack on democracy entails when hundreds of billions was lost due to public unrest. Many questioned if they still have rights.
In the month that we celebrate our constitutional values, it becomes important to remember that the Constitution of the Republic of South Africa is, and remains, the champion that guards us.
We all have rights and these rights form the cornerstone of the Constitution. Let’s stop to consider this for a minute.
What is a cornerstone?
The definition of a cornerstone is, ”an important quality or feature on which a particular thing depends or is based”.
Without a cornerstone a structure cannot stand. If we then say that the constitution is the cornerstone of our democracy, it then means that our democracy cannot stand without the Constitution and within the Constitution our rights are specifically guaranteed.
Chapter 2 in our Constitution is called the Bill of Rights:
The Bill of Rights applies to all law, and bindsthe legislature, the executive, the judiciary, and all organs of state.
Within the Bill of Rights our rights are guaranteed. The Bill of Rights is specific and calls on all such rights to be protected. Such rights include:
- Human Dignity
- Equality
- Life
- Freedom
- Security
- Privacy
- Labour Relations
As citizens we can rest assured that the Constitutional Court will and has been protecting constitutional rights since its existence. Throughout the years we have seen the Constitutional Court be the watchdog of each and every one of us. Ground-breaking decisions have been made that at times changed laws and or the governance of people.
The fact remains that we as citizens should know that our constitution is the light that will carry us through the fog of uncertainty. We should not lose hope. We should know that we do have rights, that those rights are guaranteed, and that the Constitutional Court will enforce them if and when necessary.