The reality for many South Africans remains one of poverty and social exclusion. Why are the constitutional rights not a reality in the country? The reasons are in a complex mixture of factors, says Prof Sandy Liebenberg, Distinguished Professor at Stellenbosch University; HF Oppenheimer Chair in Human Rights Law and Vice President: UN Committee on Economic, Social and Cultural Rights Department of Public Law, Faculty of Law, in an opinion-editorial on Human Rights' Day (21 March 2019) in the media.

Liebenberg describes the reasons further by stating that fundamentally, South Africa hasn't been proactive or effective enough in achieving a more just redistribution of resources.

“Here both public and private institutions are falling short. In the public sector, a strong, ethical and pro-poor public service is needed to regulate private power effectively and to take the re-distributive measures mandated by the constitution. However, there are strong indications that private wealth is gaining a disproportionate influence on the levers of state power," she says.

According to her is a government is no longer able to govern in the interests of society as a whole, particularly those most disadvantaged, when corruption becomes entrenched. “Such developments undermine the state's ability to dismantle the deeply seated structural barriers which prevent a more just distribution of resources in the country."

Liebenberg continues: “In the private sector many institutions and organisations have also failed to embrace the constitution's transformative vision. This is illustrated in the Employment Equity Commission's latest report which shows that the private sector has failed to redress the legacy of the past when it comes to employment. White people still represent 72,4% of those in top management levels in the private sector, compared to 10,8% for Africans." These figures are grossly disproportionate to the share of the economically active population of these groups.

In conclusion, Liebenberg says, that rights in the Bill of Rights are simply words on paper. To have real meaning they must be supported by a living politics anchored in the constitution's foundational values. These values are democracy, the rule of law, accountability and transparency, human dignity, non-racism and non-sexism. And placing the impoverished and marginalised at the centre of society's concern.

Read the rest of Liebenberg's article at https://www.iol.co.za/news/politics/opinion/humanrightsday-many-south-africans-are-still-not-enjoying-basic-rights-19875816