Chairperson of the National House of Traditional and Khoi-San Leaders, Kgosi Milton Seatlholo, Rapulana,
Deputy Chairperson of the National House of Traditional and Khoi-San Leaders, Inkosi Mavuso Langa, Ah! Zwelidumile,
Your Majesties, Kings and Queens,
Chairperson of the National Council of Provinces, Mr Amos Masondo,
Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula,
President of the Pan African Parliament, The Right Honourable Mambo Fortune Charumbira,
Delegations from Botswana and Lesotho,
Minister for Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma,
Ministers and Deputy Ministers,
Premiers,
Chairpersons and Deputy Chairpersons of Provincial Houses of Traditional and Khoisan Leaders,
Leaders of political parties,
President of Contralesa, Kgoshi Mathupa Mokoena,
Chairperson of the National Khoi-San Council, Mr Cecil le Fleur,
Directors-General and officials,
Guests,
Ladies and Gentlemen,
 
I am humbled to address the opening of the National House of Traditional and Khoi-San Leaders.
 
As this is the first time we meet since the reconstitution of this House in October 2022, allow me to begin by congratulating all those who have assumed positions of leadership.
 
We particularly congratulate the Chairperson and Deputy Chairperson.
 
We pay tribute and thank Inkosikazi Nomandla Mhlauli, who served this house and country with commitment, diligence and selflessness. Aaah Nomandla, you leave a formidable legacy and a strong foundation on which to build the South Africa we want.
 
It is my hope that this House will continue to advance the empowerment of women and the achievement of gender equality within this institution.
 
We should be inspired by our country’s many pioneering women leaders, such as Hosi N’wamitwa wa Valoyi, whose determined struggle against gender discrimination is a testament to the obstacles that women must conquer to secure their dignity and what is rightfully theirs.
 
Her story confirms that we are a democratic and empowering society. The heroic contributions of women leaders should not be relegated to fireside stories or to the fading culture of oral history.
 
Women’s emancipation and empowerment should remain one of the priority programmes of this House. We should approach the next reconstitution of the House with the assurance that women representation will increase, and significantly so.
 
Honourable Members,
 
You take office at a time when our country is facing many challenges. These include poverty, unemployment, inequality, the rising cost of living, the impact of the COVID-19 pandemic and devastating floods, and the scourge of gender-based violence and femicide.
 
While these challenges may at times appear insurmountable and overwhelming, we must take to heart the Guinean proverb which says: “No matter how long the winter, spring is sure to follow.”
 
We see this house as an important platform to address these challenges, now and into the future.
 
We pledge to work with you and support you in leading national recovery and reconstruction, and to build a South Africa that leaves no-one behind.
 
Over the years, I have greatly appreciated and benefited from the wise counsel of this House. I am convinced that if we work together, act boldly and decisively, we will be able to resolve our challenges as we did many times in the past.
 
As we reflect on what we need to move forward together we recall the words of the great Pan Africanist and son of the soil, Anton Muziwakhe Lembede, who said:
 
“We have to go out as apostles to preach the New Gospel of Africanism and to hasten and bring about the birth of a new nation. Such minor insignificant differences of languages, customs, etcetera, will not hinder or stop the irresistible onward surge of the African spirit.”
 
As representatives and leaders within our communities, it is up to us to carry with us that African spirit as we pursue an inclusive and just society.
 
Chairperson,
 
I wish to add my voice to the call for the formalisation and strengthening of the functioning of a Kings and Queens Forum.
 
We see it as an important platform to tap into the collective wisdom of our Majesties. The Forum will help us to address disputes around traditional leadership, gender-based violence and other social ills, initiation challenges and others.
 
The Forum will help us to document the history of our nation and the role of traditional leaders in our struggle and development as a nation.
 
In the 2023 State of the Nation Address we emphasised the importance of forging a consensus among all sectors of our society to rebuild our economy and address the developmental needs of our communities.
 
Our local economic development efforts will no doubt be enhanced by the work that the institution of traditional and Khoi-San leadership has come up with in the form of the Invest Rural Masterplan.
 
We welcome the plan’s focus on converting rural development challenges into investable opportunities, covering such critical areas as infrastructure development, agriculture, service delivery, financial inclusion and rural enterprise development.
 
I recall the late Inkosi Sipho Mahlangu sharing a copy of the Masterplan with me. He said we should use it as a blueprint for partnering to deepen socio-economic development in rural communities. May Inkosi Mahlangu’s soul continue to rest in peace and in honour of his memory may we ensure that we make effective rural development a reality.
 
One of the resolutions taken at the Local Government Summit last year was that the Masterplan should be shared with all municipalities so that it can inform their plans. Such an approach should complement and reinforce the District Development Model.
 
We will need the counsel of traditional leaders in identifying the endowments, competitive advantages and potential industrial opportunities of each of the localities with traditional leadership.
 
These are critical building blocks in building resilient, safe, sustainable, prosperous, cohesive, connected and climate smart communities.
 
Skilling our people is critical. In doing so we must harness indigenous knowledge systems.
 
We should use resources such as land. Communal land should be leveraged as capital that can support investment in community development.
 
I am pleased that the long-awaited Communal Land Administration and Tenure Summit finally took place in May last year.
 
The Summit came after a series of consultations coordinated under the leadership of the Inter-Ministerial Committee on Land Reform chaired by Deputy President David Mabuza. Very rich discussions took place at the Summit leading to insightful outcomes on the direction the country should be taking.
 
Some of the pertinent issues require policy interventions and will still need to be subjected to public participation as they take shape. The Inter-Ministerial Committee on Land Reform remains seized with the outcomes of the Summit to ensure that they are indeed taken forward.
 
The scourge of gender-based violence and femicide shows no signs of abating.
 
As leaders, as people of standing in our communities, we have to play our part.
 
We should make it impossible for perpetrators to live, work and socialise amongst us. We must shape the way boys and girls relate with each other. Let us nurture young men and women who see each other as equals and as partners in development and growth.
 
Those of us who are men ought to be found at the forefront of this fight, as we confront toxic masculinity and patriarchal practices that seek to oppress and supress women.
 
We take this opportunity to recognise the valuable contributions of progressive men and women. These include the National Men’s Parliament programme, of which this House is a partner, alongside Parliament and the SANAC Men’s Sector. Let us support programmes of this nature to drive collective action against patriarchy and all that is represents.
 
Another issue that is slowly reaching epidemic proportions is the deaths of initiates.
 
As part of the effort to address this problem, the Customary Initiation Act came into effect in 2021. The Act aims to protect lives, set norms and standards, and ensure that initiation takes place in a controlled and safe environment.
 
The 2022 summer initiation has just concluded in some of the provinces that practice summer initiation.
 
Based on preliminary information the challenges of illegal initiation schools and initiation casualties are still a big problem. Nonetheless, there are thousands of initiates who underwent this customary rite of passage successfully and safely.
 
Indeed, it is possible to have safe initiation practices. We congratulate the parents, initiation school principals, guardians and provinces that made this possible.
 
We also congratulate provinces that took decisive action to close illegal initiation schools. It is through such action and partnerships with parents and communities that we will achieve safe initiation practices and the realisation of the rallying call of “Mabaye bephila babuye bephila”.
 
AmaKhosi should continue to ensure the effective implementation of the Act. Those found to be on the wrong side of the law should be prosecuted and we should not be lenient on this. The lives of our sons and brothers depend on this.
 
Honourable Members,
 
We have made good progress in creating a sound legal basis for the institution of traditional and Khoi-San leadership to function. The Traditional and Khoi-San Leadership Act has now been signed into law. To give effect to this provision, government has appointed a Commission on Khoi-San Matters, and the Commission is currently receiving applications for recognition.
 
On the 2nd of February 2022, I took a decision to establish an Inter-Ministerial Task Team led by the Deputy President to resolve all matters raised by traditional and Khoi-San leaders.
 
It is pleasing to note that the Inter-Ministerial Task Team is gaining momentum, particularly on issues relating to communal land policy, and that there has been collaboration with Communal Property Associations.
 
The workstreams have been attending to matters around heritage promotion, and the Spatial Planning, Land Utilisation and Management Act, known as SPLUMA.
 
Proposals on the provision of administration grants to Traditional Councils and the recognition of headmen and headwomen are also under serious consideration.
 
I wish to thank Deputy President David Mabuza for leading this process.
 
Chairperson,
 
As I conclude please allow me to single out the importance of culture in our society. As the institution of traditional and Khoi-San leadership, we regard you as the custodians of our culture.
 
Culture does not discriminate, whether you are a person with a disability or not, whether you are a person with albinism or not.
 
Culture does not kill, whether you choose to undergo customary initiation or not.
 
Culture does not humiliate, whether you or are part of the LGBTQI+ community or not.

Culture does not promote unlawfulness. It certainly does not promote the abduction of young girls in the name of ukuthwala. Culture does not violate human rights, just because you are a woman in a traditional community.
 
The institution of traditional leadership must stand firm against the abuse of culture.
 
At the same time, the institution of traditional leadership must promote and safeguard the cultural practices and traditions that have held our people together over many centuries.
 
As we look to our future, let us remain firmly tethered to all that is noble and worthy in our past.
 
Let us draw on our rich history and enduring heritage as we focus on what must be done: building a better future for South Africa and for all its people.
 
I thank you.

President Cyril Ramaphosa offers his congratulations to the Matric Class of 2022 for outstanding individual and collective performances in the face of challenges arising from two years of the COVID-19 pandemic.
 
The National Senior Certificate results announced by Minister of Basic Education Angie Motshekga on 19 January 2023 highlighted numerous advances in the basic education system, including:
 
- An overall pass rate of 80.1 percent;
- An increase of just under 9 percent, compared to 2021, in the number of learners qualifying for Bachelor studies;
- A 77.2 percent pass rate among candidates from no-fee schools;
- A 91.5 percent pass rate in independent schools;
- Nearly two-thirds of distinctions have been achieved by female candidates, as evidence of growing gender equity in education,and
- A 10 percent increase in the number of female candidates obtaining Bachelor passes.
 
President Ramaphosa said: “The Class of 2022 deserves the congratulations and respect of the nation for rising above the challenges of COVID-19, loadshedding and a period of unrest.
 
“We must all work together to build a society where learners are not measured only by their resilience in testing times but where they can fulfil their potential in conducive conditions.
 
“The Class of 2022 has through its commendable performance made our future more hopeful; a future in which this generation of young South Africans will take our country to new heights.
 
“As much as we celebrate individual achievement, the Class of 2022 also constitutes a pass for our education system; it vindicates the extensive and unwavering investment we have made in education during nearly 30 years of freedom.
 
“We owe the achievements of 2022 to the diligence of learners alongside the commitment and support of teachers, who also endured the challenges of the year, as well as education officials.
 
“For the relatively small proportion of unsuccessful candidates, this is not the end of the road; you can pick yourself up and take advantage of a number of options that will empower you to continue your journey to success.”
 

Media enquiries: Vincent Magwenya, Spokesperson to the President – 082 835 6315
 
Issued by: The Presidency
Pretoria

President Cyril Ramaphosa extends his best wishes to the Government and people of the People’s Republic of China on the occasion of the Chinese Lunar New Year and Annual Spring Festival.

President Ramaphosa has, on behalf of the Government and people of South Africa, expressed his wish that the advent of the Year of the Rabbit will indeed endow citizens of the People’s Republic of China with the longevity, peace and prosperity associated with the zodiac sign for the year ahead.

South Africa values the vibrant economic relations and political cooperation that characterise its partnership with the People’s Republic of China.

President Ramaphosa said: “My dear brothers and sisters from China and all Chinese communities around the world: I wish you all a happy Lunar New Year and a prosperous Spring Festival 2023.

“On behalf of the Government and People of South Africa, I wish the Government and the people of China, including here in South Africa, a happy and fulfilling time of goodwill, celebration and friendship, as you renew the bonds between friends or reunite with family during this period.”

“As we enter the New Year, we are also celebrating the 25th anniversary of the establishment of diplomatic relations between the Republic of South Africa and the People’s Republic of China in 1998.

“In addition, South Africa will succeed China as Chair and host of the next BRICS Summit, during which we hope to receive His Excellency, President Xi Jinping in South Africa. These occasions provide ample cause for celebration.”

Media enquiries: Vincent Magwenya, Spokesperson to President Ramaphosa - +27 82 835 6325

Issued by: The Presidency
Pretoria

President Cyril Ramaphosa has declared a period of mourning for seven days from Tuesday, 17 January 2023, in honour of Dr Frene Ginwala, the late founding Speaker of South Africa’s democratic Parliament.

Dr Ginwala, an Esteemed Member of the Order of Luthuli, passed away at her at home in Cape Town on Thursday night, 12 January 2023, at the age of 90, following a stroke two weeks earlier.

In 2005, Dr Ginwala was honoured with the Order of Luthuli in Silver for her excellent contribution to the struggle against gender oppression and her tireless contribution to the struggle for a non-sexist, non-racial, just and democratic South Africa.

President Ramaphosa has directed that the National Flag be flown at half-mast at all flag stations around the country until the evening of Tuesday, 24 January 2023.

The Presidency will in the coming days announce details of an official memorial service that will take place in Johannesburg on Tuesday, 24 January. This event will serve as a national tribute to the late Speaker.

Media enquiries: The Presidency: Vincent Magwenya, Spokesperson to the President - 082 835 6315

Issued by: The Presidency
Pretoria

President Cyril Ramaphosa has welcomed the decision handed down by the South Gauteng High Court Division to interdict the private prosecution brought against him by Former President Jacob Zuma from proceeding until the application to set aside the private prosecution is heard.  

The court affirmed all of the President’s key contentions, namely on jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi. The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.  

The judgement confirms the positon of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law.

Media enquiries: The Presidency: Vincent Magwenya, Spokesperson to the President - 082 835 6315

Issued by: The Presidency
Pretoria

President Cyril Ramaphosa wishes to announce, with great sadness, that Dr. Frene Ginwala, founding Speaker of South Africa’s democratic Parliament and Esteemed Member of the Order of Luthuli, has passed away.

Dr Ginwala passed away at her at home on Thursday night, 12 January 2023, at the age of 90, following a stroke two weeks ago.

On behalf of the nation and of the legislative, executive and judicial components of the State, the President offers his sincere condolences to Dr. Ginwala’s family, her nephews Cyrus, Sohrab and Zavareh, and their families.

The President extends his condolences to Dr. Ginwala’s friends, colleagues and associates in South Africa and beyond.

Born on 25 April 1932, Frene Noshir Ginwala served the anti-apartheid struggle and South Africa’s democratic dispensation in a diversity of roles as a lawyer, academic, political leader, activist and journalist.

In 2005, she was honoured with the Order of Luthuli in Silver for her excellent contribution to the struggle against gender oppression and her tireless contribution to the struggle for a non-sexist, non-racial, just and democratic South Africa.

President Ramaphosa said: “Today we mourn the passing of a formidable patriot and leader of our nation, and an internationalist to whom justice and democracy around the globe remained an impassioned objective to her last days.

“Among the many roles she adopted in the course of a life she led to the full, we are duty-bound to recall her establishment of our democratic Parliament which exercised the task of undoing decades-old apartheid legislation and fashioning the legislative foundations of the free and democratic South Africa.

“Many of the rights and material benefits South Africans enjoy today have their origins in the legislative programme of the inaugural democratic Parliament under Dr. Ginwala’s leadership, with Nelson Mandela occupying the seat of the first President to be elected by the democratic Parliament.

“Frene Ginwala epitomised the ethos and expectations of our then fledgling Constitution and played an important role in building the capacity of Parliament through the transformation of activists and leaders into lawmakers who were in turn able to transform our country.

“Dr. Ginwala was similarly influential and instrumental in shaping the advancement of democracy and the entrenchment of democratic political processes and fundamental socio-economic rights in the Southern African Development Community and the continent at large.

“Beyond African shores, she positioned our young democracy both as one that had as much to contribute to as it had to learn from global precedents and experience.

“We have lost another giant among a special generation of leaders to whom we owe our freedom and to whom we owe our commitment to keep building the South Africa to which they devoted their all.”

Government respects the family’s wishes for a private funeral.

Details of an official memorial event will be announced in due course.

Media enquiries: Vincent Magwenya, Spokesperson to the President – 082 835 6315.

Issued by: The Presidency
Pretoria

Presidential Economic Advisory Council

On the 11th of January 2023, President Cyril Ramaphosa, chaired the meeting of the Presidential Economic Advisory Council (PEAC). This was the first meeting of the PEAC for 2023. In his opening remarks, President Ramaphosa acknowledged the difficulties that confront the global economy which invariably impact on South Africa’s growth prospects. 

The President reflected on the IMF’s ‘darkening outlook’ for the global economy in 2023, which is being fuelled by slowdowns in the US, China and EU economies, the ongoing war between Russia and Ukraine, the residual effects of the COVID-19 pandemic, increases in natural disasters around the globe, persistently high inflation and the global cost of living crisis.

Despite South Africa being snared by its own strong headwinds with devastating floods, the rising cost of living and the energy crisis, there was however encouraging signs of recovery as demonstrated by an increase of economic activity during the third quarter of 2022.

Promising activity in the agricultural, finance, insurance real estate and business services sectors enabled real GDP to expand by 1.6 per cent, and the size of the South African economy now surpasses pre-pandemic levels.

The meeting noted several recovery drivers that need to be sustained going into 2023 and beyond, these are;  

• 1.5 million Jobs were created over the past year, and in the year to the third quarter of 2022 total employment increased by 10.4 per cent.

• The Presidential Employment Stimulus, reached over one million participants.

• The structural reforms aimed at raising growth, attract investment and create more jobs. 

• Key reforms in the energy, IT, ports, rail, water and other sectors that are currently underway which will continue to improve the business operating environment as well as South Africa’s competitiveness as an investment destination. 

• The Just Energy Transition Investment Plan that will pave the way for additional investments into renewable based energy infrastructure.

• The R2 billion blended finance program launched by the Department of Agriculture Land Reform and Rural Development (DALRRD) working collaboratively with the Land Bank. The Blended Finance program is designed to address many challenges emerging farmers face. 

• The Presidential Employment Stimulus Initiative launched as part of the recovery package from Covid-19 shock, enabling subsistence and small-scale farmers to buy the inputs they need (about 100 000 farmers were assisted). This intervention helped to improve household food production.

The Council agreed that all social partners need to work hard on the expansion of areas of economic opportunity and employment and to find practical and sustainable solutions to mitigate load shedding, drawing from international experience and to alleviate poverty.

National Energy Plan update
 
President Ramaphosa deeply regrets the current energy situation which has placed the country into stage 6 load shedding. The President acknowledges the frustration of households, parents and learners who have commenced the school calendar year facing power shortages. The devastation to small businesses and the adverse impact to the economy remains severe for South Africa’s recovering economy. 

On the 15th of December, President Ramaphosa convened a National Energy Crisis Committee comprising of Ministers and various technical work stream leads. Whilst the President acknowledged some of the progress made in the executing elements of the National Energy Plan, he further demanded more urgency and speed in the implementation of all priority areas and actions laid out in the National Energy Plan. 

To date President Ramaphosa remains seized with finding a sustainable solution to the current energy crisis. The President has been regularly briefed on the situation at Eskom and on the roll out of the National Energy Plan. More engagements are scheduled for today and tomorrow for a review of the situation and direction on urgent measures that must be undertaken in order to mitigate against the impact of load shedding. 

Despite the current gloomy state of load shedding the National Energy Crisis Committee work streams continue to make progress on serval areas aimed at ensuring the stability of the grid and finding additional megawatts. Herewith are some of the areas of progress that are noteworthy.

• We have removed the licensing threshold through amendment to Schedule 2 of the Electricity Regulatory Act. This was gazetted on 15th December 2022.

• A dedicated team in the Department of Public Works and Infrastructure (DPWI) has been established to work closely with Eskom Transmission to expedite expropriation and servitudes. The Minister of Public Works and Infrastructure has in the last two months signed notices of intent to expropriate for 27 parcels of private land. 46 servitudes on DPWI land are being processed, of which 22 will be finalized in January 2023.

• Eskom has identified up to 1000 MW of additional power to be imported from Mozambique and other countries in the SADC region, pending negotiations and regulatory approvals. This is in addition to the 300 MW already secured through the Southern African Power Pool.

• Significant potential capacity has already been identified for the standard offer and emergency generation programme (potential of 1600 MW) developed by Eskom – this will be implemented as a matter of urgency by the utility as no NERSA concurrence is required. 

A net billing framework, and later a feed-in tariff, is being developed to credit customers for any surplus energy they are able to feed into the grid, this is targeting residential as well as commercial and industrial installations. Further consultations are planned for the current month of January to finalise arrangements with a broad range of stakeholders.

• Independent team has been assembled to diagnose challenges at power station level (including former Power Station Managers), starting with Duvha, Kusile, Kriel, Tutuka, Hendrina and Matla. This team is working with the management and board of Eskom.

• The process to improve the availability of spare parts & expertise from Original Equipment Manufacturers (OEMs) through more agile procurement is underway to source services from OEMs at Tutuka, Majuba, Kendal and Kusile.

• The process of excluding transmission infrastructure from the requirement to obtain environmental authorisation country wide in areas of low & medium environmental sensitivity has been completed. 

• NATJOINTS is coordinating the work of multiple agencies to address sabotage, theft and fraud at Eskom. Some arrests have been made, with progress driven by increased deployment of private security by Eskom.
  
World Economic Forum – Davos, Switzerland

On Tuesday 17 January 2023, President Ramaphosa will lead a delegation of Ministers and South African captains of industry to Davos, Switzerland, where he will participate at the World Economic Forum (WEF) events, in which he will lead the promotion of South Africa as an investment destination of choice. 

This year’s theme is "Cooperation in a fragmented world”. The President will be accompanied by Ministers Pandor, Gondongwana, Patel, and Kubayi.  

The South African delegation to WEF will add the country’s voice to discussions about global issues, with the overall aim to position the South Africa as a competitive business destination.

President Ramaphosa will participate in the Dialogue on Economics of Women’s Health, the Annual Welcome Dinner hosted Prof Klaus and Hilde Schwab, the dinner brings together heads of state, government and international organizations as well as members of the Board of Trustees, the International Business Council and Strategic Partners.

The President will also form part of the Annual Breakfast Meeting of the African Heads of State/Government entitled Africa Continental Free Trade Area. The AfCFTA is the largest free trade area in the world, by area and number of participating countries. 

Once fully implemented, it will be the fifth-largest economy in the world, with the potential to have a combined GDP of more than $3.4 trillion. The engagement at WEF will explore how public-private partnerships can support the implementation of the AfCFTA. 

The President will also attend the annual meeting on Investing on Infrastructure for Resilience. Details on bilaterla meetings will be provided in due course. 

Media enquiries: Vincent Magwenya, Spokesperson to the President - +27 82 835 6315

Issued by: The Presidency
Pretoria

Presidential Spokesperson, Vincent Magwenya, will later today, Thursday, 12 January 2023, update the public, through a hybrid media briefing, on the President’s public programme.   
 
The spokesperson also utilises the media briefing to address topical issues of public and media interest. 
 
Members of the media are invited as follows:

Date: Thursday, 12 January 2023
Time: 14h30
Venue: The Union Buildings, Pretoria 

Members of the media will also be able to participate virtually on the following link: https://tinyurl.com/5d29vjh6 
 
RSVP: Media wishing to attend the media briefing physically are requested to submit their details to Terrence Manase – 082 338 6707 / terrence@presidency.gov.za  
 

Media enquiries: Vincent Magwenya, Spokesperson to the President - +27 82 835 6315

Issued by: The Presidency
Pretoria
 

Minister of Justice and Correctional Services, Mr Ronald Lamola,
Justices of the Constitutional Court and Supreme Court of Appeal,
Judges President and Judges,
Ministers and Deputy Ministers,
Acting Chairperson of the National Council of Provinces, Hon Jomo Nyambi,
Members of the National Assembly and National Council of Provinces,
Heads of Chapter 9 Institutions,
Traditional Leaders,
Chancellor of the University of Venda, Adv Mojanku Gumbi,
Vice Chancellors of Institutions of Higher Learning,
Director General of the Department of Justice and Constitutional Development and other Directors General,
Distinguished Guests,
Ladies and Gentlemen, 

Thank you for this opportunity to reflect on 25 years of the implementation of our Constitution. 

Our Constitution is the product of long and protracted struggles for freedom, justice, equality, human dignity and a better life for all people. 

It is the product of the struggle against colonialism and apartheid, against oppression, subjugation and dispossession.

In the first certification case of the new Constitution, the Constitutional Court said:

“South Africa’s past has been aptly described as that of ‘a deeply divided society characterised by strife, conflict, untold suffering and injustice’ which ‘generated gross violations of human rights, the transgression of humanitarian principles in violent conflicts and a legacy of hatred, fear, guilt and revenge.”

Our Constitution is therefore more than the supreme law of our land. It is a firm and emphatic rejection of the political, social and economic system that came before it.

Our Constitution, which has now been in operation for over 25 years, constitutes a social compact on how we should relate to each other as a people, how we should relate to other nations as a sovereign state, and how we should govern ourselves and our resources. 

The Preamble to our Constitution gives a powerful sense of the context in which it was written, the past which it sought to correct and the future to which it aspired.

In the Preamble, we the people of South Africa firmly state that the purpose of the Constitution is to: 

- Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

- Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

- Improve the quality of life of all citizens and free the potential of each person; and,

- Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

By describing the purpose of the Constitution in these terms, the people of South Africa established the Constitution as an instrument of fundamental political, social and economic transformation.

The Constitution places on all institutions of state a responsibility to take those measures necessary to build a society that is in nearly all respects different from the society that came before.

It places emphasis on the work that must be done to heal the divisions of the past in circumstances where these divisions are manifested in the severe inequality of the present.

It calls for social justice in circumstances where a large proportion of South Africans live in poverty and where, despite substantial progress, many are still unable to access land, housing, water, food, health care and education.

The Constitution correctly recognises that to advance this transformational promise, all spheres of government and all organs of state are required to provide “effective, transparent, accountable and coherent governance”.

To ensure that organs of state execute their constitutional mandates effectively, the legislative branch of government has the power to hold respective executive organs to account and have oversight over the implementation of legislation and the conduct of other organs of state.

Parliament, as a representative of the citizens, has a clear mandate to hold the President, Deputy President and Ministers to account, individually and collectively, for the exercise of their powers and performance of their functions. 

Our legislative branch has over the past 25 years contributed to our constitutional democracy through the enactment of legislation that both transforms society and the relationship between citizens and state. This legislation includes those required to give effect to the provisions of the Constitution, such as the Promotion of Equality and Prevention of Unfair Discrimination Act, the Promotion of Administrative Justice Act and the Promotion of Access to Information Act. 

The work of the legislative branch in promoting good governance has been complemented by State institutions established to support constitutional democracy. These include the Public Protector, the South African Human Rights Commission, the Commission on Gender Equality, the Electoral Commission and the Auditor-General.

Each of these bodies plays an important role in the viability and sustainability of our constitutional democracy. They help to ensure the state gives effect to the ideals and vision of our Constitution. 

The Judiciary, by upholding the rule of law and protecting human rights, has played a pivotal role in our constitutional democracy. 

The enforcement of laws through the Judiciary is crucial in ensuring the sustainability and viability of our democracy. Laws bond individuals in a society together. 

Without the rule of law, our country is vulnerable to chaos, violence, rampant corruption, violation of human rights, persistent inequality and the collapse of state institutions. 

The Judiciary, led by the Constitutional Court and, in particular, founding members like Arthur Chaskalson and Pius Langa, has played a key role in giving effect to the founding values of the post-apartheid South Africa. 

It has played this role through groundbreaking judgments on many aspects of the Constitution. 

Following its establishment, the Constitutional Court has emerged as a uniquely powerful institution manifesting a moral constitutional authority. 

There is no viable state or effective constitutional democracy without the support and involvement of citizens in the different public formations. 

Apart from paying taxes, observing the law, and contributing to social and economic development, citizens also play an important role in the establishment of our various governance structures and in holding accountable those put in charge to serve the nation. 

Over the past 25 years of our Constitution, a lot of progress has been made in redressing the injustices of the past. 

Some of these measures include the provision of housing, water and sanitation, and social grants for the elderly, persons with disabilities and children. There has been a distinct improvement in access to land, education and health care services.

These are part of ongoing efforts to address economic and social injustices. 

However, despite numerous achievements, there are still many challenges in the realisation of the vision, values and prescripts of our Constitution. 

The persistently high levels of poverty, unemployment, inequality, corruption and violence show that our journey to the promised land is far from over.

The contours of our racist and sexist past still feature in private and public institutions, in business, in access to skills, wealth and opportunity, and in the spatial configuration of our cities, towns and rural areas. 

South Africa’s constitutional project will fail if vast inequalities and existing levels of poverty are not addressed by all levels of government. 

As the courts acknowledged in the case of Soobramoney v Minister of Health:

“We live in a society in which there are great disparities in wealth, millions of people are living in deplorable conditions and in great poverty. There is a high level of unemployment, inadequate social security, and many do not have access to clean water or adequate health services. These conditions already existed when the constitution was adopted and a commitment to address them, and to transform our society into one in which there will be human dignity, freedom and equality, lies at the heart of our new constitutional order. For as long as these conditions continue to exist that aspiration will have a hollow ring.” 

The success of our constitutional democracy will, to a large extent, depend on how these challenges are addressed. 

Therefore, as this Conference reflects on the road ahead, it should reflect on issues such as progress on land restitution and reform, electoral reform and governance, and transformation of the economy. It should also reflect on corruption, crime and national security, and how these issues impact on the exercise and protection of human rights.

It is my sincere belief that this gathering of South Africans in all their diversity will identify actionable measures that will materially contribute towards the achievement of our constitutional goals. 

This conference gives us an opportunity to reflect on the road we must traverse to strengthen our constitutional democracy and address the many challenges around the rule of law, accountability and social and economic justice. 

The strengthening and entrenchment of constitutional democracy requires ethical, committed and effective leadership in all spheres of our society, political will and the support of all our citizens. 

As we prepare to reflect on these issues, we should recall the words of former President Nelson Mandela on the occasion of the signing of the Constitution in Sharpeville on the 10th of December 1996. He said:

“Today we cross a critical threshold.

Let us now, drawing strength from the unity which we have forged, together grasp the opportunities and realise the vision enshrined in this constitution.

Let us give practical recognition to the injustices of the past, by building a future based on equality and social justice.

Let us nurture our national unity by recognising, with respect and joy, the languages, cultures and religions of South Africa in all their diversity.

Let tolerance for one another's views create the peaceful conditions which give space for the best in all of us to find expression and to flourish.

Above all, let us work together in striving to banish homelessness, illiteracy, hunger and disease.” 

These words provide an essential guide as we chart the road ahead.

I wish all delegates well and I look forward over the next three days to the robust and productive engagement from which our constitutional democracy and our nation will surely benefit.

I thank you.

President Cyril Ramaphosa has conveyed a message of condolence to the Government and people of the Republic of Senegal following a bus accident which resulted in the death of about 40 passengers and injuries to 80 travellers.

The accident is reported to have happened in the early hours of Sunday morning, 08 January 2022, when two buses collided in Senegal’s central Kaffrine region.

President Ramaphosa said: “On behalf of the people of South Africa, the Government and myself, I wish to extend our condolences to my dear brother, President Macky Sall, his Government, the bereaved families and the people of Senegal for their tragic loss.

“Our thoughts and prayers are with them during this difficult time of mourning their loved ones.”

Media enquiries: Vincent Magwenya, Spokesperson to President Ramaphosa – 082 835 6315

Issued by: The Presidency
Pretoria