Over two decades of Democracy, yet we’re falling behind on transformation

It is no understatement to characterise South Africa’s transition from a repressive and regressive state to a constitutional democracy, underpinned by a Bill of Rights, as miraculous. Although there were many shaky moments, much doubt and naysayers, an interim Constitution was drafted and formed the basis of the country’s first democratic elections on 27 April 1994.

Since then, South Africa has held successive elections, seen a continuous peaceful exchange of power, has borne witness to the importance of the separation of powers doctrine and has watched as its institutions have matured while also facing myriad challenges. What is remarkable about developments over the past 25 years is that the founding mothers and fathers of the country’s constitutional democracy had the foresight to craft a Constitution that has stood the test of time and has been a guiding light on the imperative to set limits on presidential terms.

The checks and balances built into the Constitution have manifested in an independent judiciary, a Parliament whose law-making powers are kept in check and an executive held to account by an institutional framework informed by the principles of natural justice.  

Highlights include the extension of the franchise to the whole body politic, progressive labour laws – including paid maternity and, more recently, paid paternity leave – reproductive rights, the state’s provision of antiretrovirals, gender parity in both the public and the private sector and South Africa’s role in regional, continental and global decision-making structures.

Looking ahead, the upcoming May 8 general election is a definite highlight because many born-frees are going to exercise their right to vote for the first time. The National Minimum Wage and the Codes of Good Conduct, which include strike balloting and picketing rules, came into effect in 2019. This is a milestone for South Africa’s often fraught labour relations environment. And this framework is expected to have a positive effect on the country’s labour landscape.