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Ramaphosa hails Constitutional Court as pillar of South African democracy

Ramaphosa hails Constitutional Court as pillar of South African democracy

IOL News7 hours ago

President Ramaphosa has hailed the Constitutional Court as a living monument to justice, celebrating 30 years of defending democracy, dignity, and equality from the historic grounds of Constitution Hill..
President Cyril Ramaphosa on Friday paid tribute to South Africa's Constitutional Court, calling it 'a national treasure' and 'a living monument to justice' as it marked its 30th anniversary on the historic grounds of Constitution Hill.
Speaking from the steps of the former prison where freedom fighters were once jailed, and where the apex court now stands, Ramaphosa hailed the Court as the soul of the nation's constitutional democracy.
He was speaking at the 30th anniversary celebration of the Constitutional Court in Braamfontein, Johannesburg, on Friday.
'Built on the ruins of oppression,' he said, 'this Court rose as a guardian of dignity, equality, and justice. It has not only interpreted the Constitution—it has given it life.'
Reflecting on the adoption of the Constitution in 1996, which he helped usher in as Chairperson of the Constitutional Assembly, Ramaphosa described the ConCourt's legacy as 'one of courage, clarity and conscience.'
'The Constitutional Court has not bowed to power. It has defended the powerless. From abolishing the death penalty to upholding the rights of the poor, the marginalised, and the forgotten—its judgments have changed lives,' he said.

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Ramaphosa said the dependence of the judiciary on the government has been odd. 'A joint committee is now in action to finalise this whole process of the independence of the judiciary. It has been an anomaly of our constitutional architecture that we've had parliament as an independent institution in our constitution fully and properly recognised, and the executive — but the judiciary has on an unfair basis had to depend on government on a variety of matters from getting approval on the appointment of people and not even being in complete control of their own budget,' said Ramaphosa. 'This comes to an end now. The judiciary will be independent. We will ensure the judiciary is rightly constituted as an equal branch of the state, same level as the executive and the legislature.' At the meeting with the senior leaders of the judiciary led by the chief justice earlier this month, Ramaphosa and minister of justice Mmamoloko Kubayi committed to ensuring the independence of the state. 'Within the principle of the separation of powers, each arm of the state has a responsibility to co-operate with, and provide support to, the other arms of the state in giving full effect to our constitution. It requires, in particular, that we create conditions in which each arm of the state can fulfil their respective mandates without hindrance,' said Ramaphosa at the time. 'It is an opportunity to develop common approaches on issues that are critical to the effective functioning of the judiciary. At the core of our deliberations is our shared commitment to safeguarding and entrenching the independence of the judiciary and ensuring that it has the space and means to administer justice.' Presidency spokesperson Vincent Magwenya said as much as the judiciary has always been independent, some aspects including its finances have been under the department. 'It's always been independent but on some administrative aspects they were dependent on the department. So those administrative areas will now be fully managed by the judiciary as they should be,' he said. TimesLIVE

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JOHANNESBURG - This year marks 30 years since South Africa's highest court opened its doors not just as a courtroom and as a beacon of hope for justice, equality and Constitutional supremacy. Established after apartheid the Constitutional Court doors were first opened by former President Nelson Mandela in the land in 1995. Its first President was Justice Arthur Chaskalson under then Chief Justice Michael Corbett. Among the first justices on the bench were Richard Goldstone, Pius Langa and Ismail Mohamed. The court Chief Justice, Mandisa Maya. She takes over from Raymond Zondo, as the first woman to hold the position. According to Maya the ConCourt was entrusted with the responsibility to enforce constitutional limitations on the exercise of public power and safeguarding human rights. She was speaking at a celebratory event held in Braamfontein, Johannesburg on Friday. She says the court functions as an independent and impartial institution tasked to ensure compliance and provision of the constitution and serve as the ultimate arbiter of all constitutional matters. 📸| The 30th anniversary of the Constitutional Court. The @ConCourt is the apex court in South Africa and was established following the first democratic election in 1994. #GovZAUpdates — South African Government (@GovernmentZA) June 20, 2025 And over the three decades, it has done just that, handing down landmark rulings that transformed the law, protected rights and deepened constitutional democracy. Here are some of the most influential Constitutional Court rulings that changed South Africa. S v Makwanyane (1995) Issue: The death penalty Outcome: The death penalty is a cruel, inhuman and degrading punishment and it should be declared unconstitutional. It was the court's first ruling. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs (1999) Issue - Same-sex marriage Outcome - The impact of discrimination on gays and lesbians is rendered more serious. And their vulnerability increased by the fact that they are a political minority, not able on their own to use political power to secure favourable legislation for themselves. This also led to the legalisation of same-sex marriage- the first in Africa. Government of the RSV v Grootboom (2000) Issue: Right to housing Outcomes: The state must devise and implement within its available resources a comprehensive and coordinated programme progressively to realise the right of access to adequate housing. Minister of Health v Treatment Action Campaign (2002) Issue - Inheritance under the African customary law of intestate succession Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid, to the extent that it excludes women and extra-marital children from inheriting property. Bhe and Others v The Magistrate, (2004) Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid, to the extent that it excludes women and extra-marital children from inheriting property.

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JOHANNESBURG - President Cyril Ramaphosa has described the Constitution as a guardian that has been watching over the nation's legal health. Dignitaries gathered at Constitutional Hill on Friday to mark the 30th anniversary of the Constitutional Court. Ramaphosa was the chairperson of the Constitutional Assembly, which was tasked with drafting the new Constitution in 1994. On Friday, while delivering the keynote address at the 30th anniversary of the apex court, Ramaphosa recalled the steps that led towards the finalisation of the country's supreme law. "Speaking in my capacity, then, as chairperson of the Constitutional Assembly, I described this, our Constitution, as our new nation's birth certificate, reflecting the history from which we have emerged and the values of human dignity, equality, and freedom that we now cherish." He said that Friday's festivities called for more than just celebration but also reflection. A packed programme has been prepared for Friday's celebration, with dialogues expected to reflect on significant judgments by the Constitutional Court, such as State vs Makwanyane, which led to the abolition of the death penalty.

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