Neelam Rahim | neelam@radioislam.co.za
3-minute read | 26 June 2025 | 14:00 CAT

South Africa marks three decades of judicial resilience and constitutional guardianship. 📷 @GovernmentZA/X.

As South Africa reflects on 30 years since the establishment of its Constitutional Court (Concourt), President Cyril Ramaphosa has lauded the institution as a “beacon of hope” in a global climate of democratic erosion. In his weekly newsletter, Ramaphosa warned that “the world is facing a moment of profound instability,” citing trends such as right-wing populism, judicial attacks, and democratic backsliding, particularly in the U.S. and elsewhere.

In conversation with Radio Islam International, Naledi Kuali, Executive Director of Defend Our Democracy, reiterated the critical role played by the Concourt since its inception. “It has remained committed to interpreting legislation in line with the values of the Constitution, values like the right to land, primary healthcare, electricity, and basic services,” she said.

One of the court’s most iconic rulings, she added, was its abolition of the death penalty, which “disproportionately affects the poor and unrepresented.” This foundational judgment helped set the tone for a legal system grounded in dignity and equality.

Kuali emphasized that the Concourt’s significance lies not only in its decisions but also in its unwavering commitment to principle, even amid public pressure or political noise. “Its job is to keep our base grounded in what we committed to in 1996,” she said. “Even if the popular opinion sways, the Court must stay the course.”

Importantly, the court’s composition has evolved to mirror the country’s diversity. Kuali noted: “We’ve seen strides in ensuring that judges come from various walks of life, gender, race, and legal experience, bringing a nuanced understanding of the South African context to jurisprudence.”

But the road ahead isn’t without challenges. Kuali warned of “attacks on the judiciary’s independence” and increasing calls to alter or even discard the Constitution. “This is not in favour of democratic principles,” she said firmly. “The court must not make permanent decisions based on temporary political waves.”

While criticisms exist, particularly on matters of moral interpretation the Concourt remains a critical guardian of rights, especially religious freedoms and constitutional protections. As Kuali concluded, its sustainability depends on its steadfastness: “Remaining unwavering is how we protect our democracy.”

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and Naledi Kuali.