[SAFM] The Reality Check Series - Day 3: The prospects and limits of the Constitution in contributing to theResolution of the National Question

30th anniversary of the adoption of the Constitution

On the third day of Reality Check, Professor Tshepo Madlingozi reflected on the 30th anniversary of South Africa’s 1996 Constitution and its role in addressing the National Question.

Building on the previous day’s discussion of reparations and reconciliation, he argued that meaningful nation-building requires a truthful reckoning with the past, alongside concrete efforts to repair historical harm. Reparations and reconciliation, he suggested, are inseparable: sustainable reconciliation cannot be achieved without justice, redress and accountability.

Against this backdrop, Madlingozi turned to the Constitution as a foundational instrument for building a united, non-racial and non-sexist society. He highlighted the Constitution’s commitment to healing the divisions of the past, advancing social justice, protecting human rights, and promoting equality, dignity and freedom. In this sense, he argued, the Constitution should be understood not merely as a legal document, but as a framework for forging a genuinely post-colonial and post-apartheid nation.

Madlingozi described South Africa’s constitutional project as one of transformative constitutionalism, the use of law to transform society and overcome the legacies of racism, inequality and exclusion. By placing social justice and socio-economic rights at its centre, the Constitution provides both a foundation and a roadmap for creating a more egalitarian society.

At the same time, he acknowledged the limitations of the Constitution as a product of political compromise and identified several obstacles that continue to undermine its transformative potential. These include low levels of constitutional literacy, barriers to accessing justice, the politicisation of the courts, and state dysfunction that hampers the implementation of constitutional rights and court rulings.

Madlingozi concluded that resolving the National Question requires a deeper public understanding of the Constitution and a renewed commitment to using it as a foundation for building a just, inclusive and cohesive nation.

Click here to listen to the full interview: