South Africa: A Country of Contradictions
On paper, South Africa is a model country. Our Constitution is widely regarded as one of the most progressive and transformative in the world, noted particularly for its emphasis on human rights and equality.
Our Constitutional court is also globally respected, hailed for its robust application of local and international laws to interpret and protect people’s rights.
Our Constitution prohibits discrimination on the basis of sexual orientation, and outlaws racism and sexism. In 2006, for example, South Africa became the first country in Africa – and only the 5th in the world – to legalise same-sex marriage.
And yet, our own President, Cyril Ramaphosa, recently admitted that “There is a disconnect between the Constitution and the lived reality of South Africans.” He made the remark in a keynote address marking the 30th anniversary of the Constitutional Court in Johannesburg last month.
He went on to say, “The reality we must confront is that there are significant challenges with constitutionalism today. The promise of the Constitution is far from fully realised. Persistent inequality, threats to judicial independence, lack of implementation of court orders, and erosion of trust in institutions remain pressing challenges.”
Which leaves us asking, “what good is a world-leading constitution if it cannot be implemented?”
It’s just one of many contradictions that plague South Africa. Unfortunately, there are many others.
Energy and the environment
On one hand, as a proud member of the international community, South Africa has ratified the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, underlining its commitment to reducing greenhouse gas emissions and enhancing climate adaptation initiatives.
On the other, our ongoing reliance on fossil fuel projects – and no tangible commitment to weaning ourselves off them anytime soon – flies in the face of everything these agreements are trying to achieve.
President Ramaphosa’s endorsement of the Upstream Petroleum Resources Development Act (UPRDA) raises significant concerns about the coherence of our climate policies and our commitment to complying with international climate agreements.
Experts worry that the government is prioritising resource extraction and economy-driven development over climate adaptation and sustainability – a direct contradiction of Section 24 of the Constitution.
These concerns are further validated by the recent granting to eight of our coal-fired power stations of “limited exemptions” from minimum emission standards prescribed in air quality regulations.
Eskom has previously admitted that it’s simply too expensive to retrofit its aging plants with the new technology required to reduce harmful emissions.
Six of the plants – Lethabo, Kendal, Tutuka, Majuba, Matimba and Medupi – benefit from these exemptions until April 2030, while Duvha and Matla have until 2034.
But, as this article in BOSA so rightly states, “South Africa needs urgent action, not recycled deadlines.”
Education and Inequality
The right to a basic education is enshrined in Section 29 of our Constitution. What’s become unclear in recent years, however, is just how basic is basic education?
The 30% pass mark, introduced in the 1990s, means on paper, our country celebrates average matric pass rates upwards of 80%.
In reality, this translates to a practice that, instead of improving levels of teaching and increasing the quality of education so more of our children pass, simply lowers the bar to make it a whole lot harder to fail.
Instead of helping our children, we’re setting them up for failure later on.
Weak foundations from basic education means our universities have a 60% drop-out rate
Those who do pass often enter the workplace underprepared for the demands of the private sector.
Many students share their Financial Aid grants with impoverished family members, leaving little for themselves. Many go to bed hungry; some go days without food.
Safety and Insincerity
On paper, South Africa has detailed laws to protect its citizens and uphold safety standards and human rights.
You don’t need me to tell you that the reality is far removed from this lofty goal.
Earlier this year, Police Minster Senzo Mchunu released the latest crime stats which were quick to celebrate the admittedly slight decline in murder, rape and robberies. However, South Africa still has a murder rate of 42 per 100 000 people – one of the highest in the world.
Gareth Newham, head of justice and violence prevention at the Institute for Security Studies, believes our current policing model is outdated and no longer fit for purpose. “We don’t need more officers, we need officers who can work with data, learn new skills, think critically, and apply modern investigative methods,” he says.
“The mindset that all we need to do is add more money and more people to the SAPS is a false assumption. We need to start thinking about how to reduce the size of the organisation so that we have far greater, better-paid, highly skilled professionals, with far lower levels of corruption and waste, to target the criminals that are committing most of the serious harm.”
Housing Hype vs Homelessness
The backlog of subsidised housing is around 2.4 million. According to an article in The Conversation, the government’s housing model is broken in four key areas:
It’s become financially unsustainable for the government, and the shrinking housing budget proves it.
Fewer houses are being delivered (75,000 units in 2019 and only 25 000 in 2023), but the demand is growing.
Quality is a huge problem – the focus is on mass delivery, not workmanship.
The model is prone to corruption and political interference – contracts are often awarded to family and friends, or corruption networks.
“Despite numerous policies and programmes that specifically speak to low-cost housing (i.e. RDP and social housing, etc.) and vulnerable groups (EHP, Special Needs Housing Policy, etc.), the policies and programmes have not always been implemented in the most efficient way,” said a spokesperson for the Development Action Group (DAG).
“Some of the gaps include insufficient funding, mismanagement of available resources, inadequate capacity to deliver, poor intergovernmental cooperation, inadequate land management, poor coordination between departments on land decisions, and a lack of policy certainty.”
Human Settlements spokesperson Tsekiso Machike has emphasised that housing remains a priority, with clear targets set in the 2024-2029 Medium Term Development Plan (MTDP). These include delivering 237 000 RDP units and upgrading 4 075 informal settlements.
Yet our President himself recently admitted that housing and basic services were particular areas of concern for the government.
“It will forever remain a blight on our democracy that the applicant in the ground-breaking Grootboom judgment, Ms Irene Grootboom, died without her dream of a decent house being fulfilled,” he said.
I’m reminded of the popular saying, “All the gear and no idea” – a phrase used to describe someone who, when starting a new hobby, goes out and buys all the gadgets, gizmos and shiny new things associated with it. The problem then comes when he realises that he doesn’t know how to any of it.
Yes, we have a Constitution that, on paper, is the envy of many countries more developed than South Africa. Yet we seem to have no more idea of how to use it to its intended purpose and potential than a kitten trying untangle of a ball of wool.
So what can we do?
I think Justice Leona Theron of the Constitutional Court of South Africa summed it up perfectly when she said, “[We need to] find the path to becoming the people that our Constitution deserves.”
And it’s this that’s key. Our Constitution is not the problem. It’s the people who fail to respect its guidelines that have created our country of contradictions.
And until people change, nothing will.