Wamkelekile, Welkom
The authority of the Constitution
30 April 2026 | Story Kamva Somdyala. Read time 5 min.
Marking the occasion of 30 years since the signing of the Constitution of this country is an auspicious moment. It provides an opportunity to reflect, renew and recommit. However, it has not been as straightforward, as senior public sector leader Mandisa Fatyela-Lindie reflected.
Fatyela-Lindie, who holds postgraduate qualifications from the University of Cape Town’s (UCT) Nelson Mandela School of Public Governance, took the liberty of sharing some of her experiences of the document. She has held executive roles across key South African government departments, including acting director-general at the Department of Public Works, and has led national strategy, policy development, and regulatory frameworks.
The government notes that “The Constitution stands as the cornerstone of South Africa’s democracy, guaranteeing the protection of human rights, equality before the law, and the rule of law. It represents the culmination of decades of struggle against oppression and injustice and serves as a living document that continues to guide the nation’s pursuit of freedom, justice, and dignity for all who live in it.”
Reflect: social justice
“The common principle or thread running throughout the Constitution is social justice. It is key to mention upfront, as it has informed all policies adopted by government. Some of the key principles in the Bill of Rights, that are key, are equality, human dignity, freedom of association and freedom of expression,” said Fatyela-Lindie.
“Section 25 on property rights and Section 26 on housing are important, as they deal with the rights of people – not only to build social capital and generational family wealth, but just to know that they cannot be deprived of such. The apartheid state deprived multiple generations of Black folks access to these and to build generational wealth, and government has adopted policies to advance social justice and redress measures,” said Fatyela-Lindie. “That is the reason low-income people have access to free or subsidised houses (I wrote my recent MA dissertation on social housing, so I am passionate about this subject).”
She stressed that the state must demonstrate a progressive realisation of the rights of people. This, for example, means the delivery of social housing is determined by the availability of resources at any time, but it must be done. Given the fact that we live in a rich country, Fatyela-Lindie added, delivery of social services should be a no-brainer.
“The establishment of the Equality Court demonstrates the significance of this principle. Human dignity and dignity are captured as one of the non-derogable rights in the Constitution.”
Renew: constitutional education
“There was a television programme flighted by the SABC I was part of, called “Khululeka”. It was a constitutional education programme. The script was developed by some of the best-known producers this country has ever [had]. I remember walking with them, visiting various embassies and donors in Pretoria, looking for funding for this programme. And when we did not succeed, I threw my entire directorate’s small budget into it and the SABC, as the public broadcaster, aired it for free.”
“The country needs to implement a nationwide citizenship education programme.”
She added: “I was responsible for the implementation of a nationwide constitutional education programme and a Constitutional Week annually, subject to the approval of Cabinet. I did that by fundraising and creating strategic partnerships with constitutional institutions (Chapter 9 institutions) and we visited tertiary institutions to promote the Constitution. From the Constitutional Court, Justice Kate O’Regan supported the programme. Some state-owned enterprises (SOEs) provided funding for the programme. At a national level, in Cabinet, I had the loyal backing of the late Kader Asmal, who was passionate about constitutional education.
“I wish the state had intensified the funding of constitutional education, as it would have created a solid platform for ordinary South Africans to know where to go when their rights are violated. No leader can preside over a participative and successful developmental constitutional democracy without citizenship education.”
Recommit: it’s not complicated
Fatyela-Lindie concluded: “It’s not complicated! The country needs to implement a nationwide citizenship education programme, beginning in schools, targeting children and young people early in life. If that is done, the future of this constitutional democracy is guaranteed.
“Such education must be accompanied by improved service delivery, food security, right to health, education etc. As local government is at the coalface of service delivery, there needs to be increased investment to improve its delivery record. Fortunately, the process to review the local government White Paper is under way. Its role is constitutionally guaranteed after all and carries weight. Local government as one of the three spheres of government, forms part of the country’s intergovernmental constitutional ecosystem.”
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Please view the republishing articles page for more information.
