ALM Cross-Post: Constitutional Conversations with Justice Albie Sachs

Editors’ Note: this Constitutional Conversation was originally published on the African Law Matters blog, on 25 January 2022. Please see a post from Professor David Bilchitz introducing the African Law Matters blog. We are proud to partner with African Law Matters and we look forward to our future collaborations.

25 years after Nelson Mandela signed the South African Constitution into law, Dr Helen Taylor asked Justice Albie Sachs to share his insights on the constitutional negotiations, the role of the Constitutional Court in the certification process, and the challenges ahead for constitutional democracy in South Africa.

“The key elements of constitutionalism … are built into the very character of South Africa today. And this is what we were dreaming of when we fought against apartheid. It wasn’t only against apartheid, it was for something — it was for an open and democratic society.

“But it’s not enough to be a free, open society — we want a just society, we want an equal society, we want real equality for all our people in the most basic elements of decent living conditions and opportunities.”

“That we haven’t achieved yet. But instead of the Constitution being the problem, the Constitution provides the mechanism to bring about the changes that we want.”

This is a powerful message about the transformative potential of the South African Constitution. Watch the full episode here: