South Africa
More than thirty years into democracy, South Africa remains steadfast in its commitment to build a society grounded in human rights, equality, and dignity. This was the central message from the Department of Justice and Constitutional Development, which recently reflected on the country’s journey towards a more just and equitable constitutional democracy.
In reflecting on how far we’ve come and the road ahead, the Ministry highlighted that the Constitution continues to serve as the foundation of transformation. “Our Constitution enjoins us to collectively strive towards the attainment of social justice, ensuring a just distribution of wealth, opportunities, and privileges in our society,” the Department of Justice and Constitutional Development said in a statement.
The Department of Justice and Constitutional Development has in recent years intensified its efforts to promote the values of the Constitution and the Bill of Rights. One of the Department’s most significant initiatives was the National Conference on the Constitution, held in March 2023, under the theme “Rule of Law, Accountability, Social and Economic Justice”. The conference brought together stakeholders from across the country to reflect on the gains of the past and to chart a way forward.
A key recommendation from the conference was the urgent need to broaden constitutional education and deepen public awareness, particularly in vulnerable and marginalised communities. These efforts include supporting community-based paralegals, enhancing access to legal advice, and running targeted constitutional rights education campaigns.
Despite constitutional protections, many South Africans—especially women in the informal sector—remain excluded from key social benefits. Research by the Department of Justice and Constitutional Development has identified serious gaps in the current maternity and parental benefit system. Self-employed workers, many of whom are women in the informal economy, are excluded from claiming these benefits, which exacerbates gender inequality and undermines economic participation.
The Constitutional Court, in landmark cases such as Grootboom and Treatment Action Campaign, affirmed that the State must take reasonable measures to realise socio-economic rights, within its available resources. However, implementation of these rulings remains inconsistent, particularly for those outside the formal employment system.
Another area of concern is the maintenance system, which continues to fail many women and children. According to the Department of Justice and Constitutional Development, courts are overwhelmed by maintenance complaints, and there are widespread delays due to capacity constraints, lack of trained personnel, and procedural inefficiencies.
The Department notes that this undermines children’s constitutional rights to parental care and adequate living standards, as outlined in section 28 of the Constitution and Article 27 of the United Nations Convention on the Rights of the Child. The South African Law Reform Commission has recommended streamlining the maintenance system and introducing urgent interim relief—similar to emergency measures under the Domestic Violence Act.
To address these challenges, the South African Law Reform Commission has proposed that the Unemployment Insurance Fund be extended to include self-employed workers, thereby expanding access to maternity and parental benefits. This proposal supports South Africa’s constitutional obligations, and international commitments under treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Sustainable Development Goals.
Introducing such a contribution scheme for informal workers would bring millions of South Africans into the social security net envisioned in section 27(2) of the Constitution.
As South Africa enters a new phase of constitutional review and reform, the Department of Justice and Constitutional Development is calling for the voices of citizens, civil society, and researchers to shape this next chapter. “The matters raised by our research are of great importance to the expansion of social justice in our country. We look forward to outcomes that will influence the review process currently underway,” the Minister concluded.
South Africa’s democratic journey is ongoing. With sustained commitment and inclusive reform, the promise of the Constitution—to build a non-racial, non-sexist society based on human dignity, equality and freedom—remains within reach.
