History, inequality, representation, and the judiciary were central themes addressed by South African lawyer and author Advocate Tembeka Ngcukaitobi SC in his presentation of the 12th Mapungubwe Annual Lecture on 6 August 2024.
A collaboration between the Mapungubwe Institute for Strategic Reflection (MISTRA) and the University of Johannesburg (UJ), the lecture occupies a prestigious place in South Africa’s intellectual landscape, attracting national and global audiences since its inception in 2012.
Titled “Constitutionalism and its Malcontents,” Adv Ngcukaitobi’s lecture defended the constitution despite its critiques and imperfections. The event, held at the Ubuntu Chambers on UJ’s Auckland Park Kingsway Campus, was attended by senior UJ officials, MISTRA leadership, political analysts, media representatives, and various stakeholders.
UJ Vice Chancellor and Principal, Professor Letlhokwa Mpedi, welcomed attendees and reflected on whether the comprehensiveness of the South African constitution translates effectively for its citizens. He noted that constitutionalism has been a cornerstone of modern democracies, shaping both legal and social landscapes. Prof Mpedi looked forward to Adv Ngcukaitobi’s insights into the critiques of constitutionalism 30 years on.
“Constitutions serve as critical frameworks for safeguarding human rights, ensuring checks and balances, providing accountability, and promoting the rule of law. As we mark 30 years of constitutionalism in South Africa, it is imperative to critically evaluate its impact in light of broader societal shifts,” Prof Mpedi stated.
Adv Ngcukaitobi began his lecture by exploring the unique concept of constitutionalism, reflecting on the history of democracy from the Athenian model to the revolutions in France and the USA, as well as colonialism in Africa. He highlighted that democracy, in its raw form, remains an ideal rather than a lived reality for many.
“South Africa, among the last to achieve freedom and constitutionally guaranteed rights, is now a leading light in showing the world the meaning of these rights and freedoms,” he said. “Our democracy is enriched, not undermined, by the rule of law and constitutionalism.”
Adv Ngcukaitobi traced the origins of the South African constitution, reflecting on the Bill of Rights, the ANC’s constitution, and the Freedom Charter. He also discussed inequality in its various forms—race, gender, economic, social, and cultural.
“The crisis of inequality is a crisis of constitutionalism. But it is only constitutionalism that can resolve inequality,” he asserted.
Addressing critiques of land reform and property transformation, Adv Ngcukaitobi concluded that constitutionalism could only survive as a real, living document, not just a popular one. “The widening gap between the ideal world described by the constitution and the lived reality of many people undermines its survival,” he remarked.
Despite its imperfections, Adv Ngcukaitobi emphasised the importance of recalling the African origins of constitutionalism to realise its promise. “The Constitution can, and perhaps once again, play its redemptive role—it can become our book of redemption,” he concluded.
In his closing remarks, MISTRA Executive Director Joel Netshitenzhe noted the lecture’s significance. “You have helped us understand the meaning of constitutionalism and how the constitution can be delegitimised if social change is slow. A constitution should be located within the context of a country in which it claims both legality and legitimacy.”
Watch the lecture here:
