South Africa’s Constitution does indeed provide protection against abuses. The fact that there are so many attempts to amend it – for example, to make expropriation without compensation possible – serves as proof.
The Constitution is not set in stone. It is a living document and if it is fully applied in both letter and spirit, it will accommodate and protect everyone.
For too long, the ANC has been allowed to manipulate the Constitution to suit itself – it sometimes sounds as if this party drafted the Constitution all on its own. That is not true. It was an extensive process in which many parties, including the Freedom Front Plus (VF Plus), participated.
In this way, I had the honour of contributing, on behalf of the party, to, among other things, section 185 on the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
It is important for a country’s constitution to be drafted by its people for the people; it should be a reflection of the people’s hearts and minds.
A constitution may indeed be amended from time to time if a valid need and reason exist. It is not final. However, it appears that certain parties do not only wish to amend it, but almost want to do away with it.
An example is the EFF, which wants to scrap private property rights entirely – while the party’s leader owns property worth more than R35 million. Clearly, the notion of property rights suits some people sometimes, but not all the time.
South Africa’s Constitution is supposed to promote nation-building and social cohesion among all people. The question that remains is whether it has succeeded in creating a united national identity.
It is true that some people get the impression that their needs and aspirations are disregarded, in spite of the Constitution.
Unequal treatment regarding certain past events can be cited as an example. There are currently legal actions against certain persons for alleged abuses, while others are overlooked. This demonstrates prejudice.
In this regard, the interim Constitution made it clear that there should be mutual understanding and not revenge, restoration and not retaliation, ubuntu and not victimisation.
Is this what all people in the country experience? If not, it is unfair. The Constitution was drafted with the objective of ensuring equal and fair treatment for all.
There is still some leeway in the Constitution – sections that have not been fully implemented or that have room for improvement. When this is done, it will greatly contribute to promoting social cohesion and ensuring that all communities, including minorities, feel accommodated.
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