Prof Thuli Madonsela, Director of the Centre for Social Justice (CSJ), has a vivid memory of where she was 30 years ago on 27 April 1994, the day that South Africa became a true democracy. As presiding officer of the Hillbrow polling station in Johannesburg, she experienced mixed emotions. “My whole headspace was pregnant with amazing hope. But there was also a huge sense of responsibility and an element of fear that any ball I dropped in my polling station could cause things to explode," she recalls.
Most political deaths occurred in the four years preceding South Africa's general election in 1994 and there was considerable resistance to the advent of a democratic order, also from security forces within the apartheid establishment, Madonsela says. “There were valid concerns about the potential of violence on election day, but thank God, we had a peaceful election."
Looking back at her high expectations of what democracy would bring to South Africa, Madonsela notes that hindsight has taught her that dreaming and doing are different things. “I honestly thought thirty years into democracy inequality, which was the major source of contention in South Africa, would be history by now. Perhaps I was too naïve to think that structural inequality created over three centuries could be rooted out in three decades.
“I knew, of course, that a constitution is not a magic wand. I was aware that implementing a new Constitution and passing laws that prohibit discrimination and entrench equality was not going to bring immediate change. But somehow, my hopes were much higher than what we ended up with today."
Madonsela feels strongly that South Africa's failure to live up to the high ideals after political liberation should not be blamed on the Constitution. She has often said that the problem lies in the failure to understand and implement constitutional governance and accountability.
“South Africa has one of the most transformative modern constitutions in the world. In its Preamble, the Constitution unambiguously declares social justice as one of the core goals of its transformative agenda, together with advancing human rights and democratic values.
“Our failure to implement these principles in some cases can be linked to ineptitude and corruption, but I do have appreciation for people like Professor Tshepo Madlingozi who says the Constitution could have been a little bit more specific. For example, if you look at the restitution statement of Stellenbosch University (SU), it doesn't only recognise the injustices of the past and honour those who fought for justice, it also recognises the legacy of the past. So, if I were to redraft the Constitution, I would add injustices of the past and their legacy. Why is such a small detail important? It's important for those who are now rejecting the Constitution because they think that it does not recognise the consequences of past injustices."
Madonsela says another challenge in South Africa has been the gap between Constitutional Court judgements and how the legislature understands it's transformative task. She notes that Eastern Europe had been successful in democratising and systematising human rights after the fall of communism because the Venice Commission was established to help governments make sense of constitutional provisions and implement them accordingly.
Although great strides have been made in South Africa in terms of extending rights to all and improving aspects such as social security benefits, certain groups remain left behind. She specifically highlights the plight of women who have historically been victims of manufactured inequality. “Most unpaid work is still being done by women and the burden of care for others still falls primarily on women."
Madonsela refers to a new frontier of “unfreedom", a term first coined by Prof Sampie Terblanche, who had been an emeritus professor at SU. “It implies that while you are legally free, in practical and economical terms you're not free. Our government has not done enough to address persistent power asymmetries and to level the playing field. At the core of social justice is fairness to all as highlighted by John Rawls. The difficulty arises regarding determining what is fair. In the past, those within proximity to power and control over economic resources deemed it fair to get a lion's share of opportunities, resources, benefits and privileges. Unfortunately, we still have a situation where those who slice the cake know exactly which side their bread is buttered on."
In thinking about ways to strengthen South Africa's democracy, Madonsela says we should look beyond legal solutions and government interventions to also initiate meaningful conversations. “We need to get business leaders and civil society involved in discussions on issues such as food insecurity and access to the internet so we can unlock the potential of more people. If you want sustainable business success, you need a sustainable ecosystem. An unjust ecosystem is not sustainable. When people can't participate in the digital economy because of the high cost of data, it impacts their right to access to information. It excludes them from the crucial discourses about democracy and political debates happening online in addition to constraining economic freedom."
In her work at the Centre for Social Justice, Madonsela has been developing a theory of social justice to elevate people's justice consciousness as they engage in “everyday justice". She explains she first became interested in fairness when, as a child, she noticed her brother out playing while she did house chores. She wanted justice for herself. Then she noticed that her mother, and then other women, were also struggling – and she wanted justice for “us". Once she realised the extent to which laws discriminated against people of different races and other groups – those with HIV, the working class, religious people or those with disabilities – she wanted justice for all. “For justice to work, it should also have meaning in small places – in families, in factories, in workplaces, everywhere."
Madonsela and her team at the CSJ constantly strive to promote a greater understanding of social justice and to educate communities about human rights. The CSJ has been very active in supporting students on the SU campus who have been left destitute due to the NSFAS funding crisis and the so-called “missing middle" students.
“As a University community, we need to be actively involved in tackling the education funding crisis we find ourselves in. This is one of the steps we can take to ensure social justice is a lived reality for more people in our nation."
She expressed her gratitude towards the SU's leadership, staff, students and alumni for their dedication to substantive advancing freedom within both the University and broader society.
Madonsela pointed out that Freedom Day serves as a reminder that South Africa has not yet achieved full freedom and de facto equality. “But we all have the power to make a difference. You have the power to advance equality, even if you're poor. It starts with how we treat each other. On election day on 29 May we have an opportunity to choose leaders who are committed to upholding a society of equals, governed by democratic values that ensures the equal enjoyment of human rights so that every South African's potential is realised."
