The champion of the people or the protector of the elite?

THE 30-year-old Constitutional Court is a living shrine to the supreme pledge of equality and justice in democratic South Africa.

- KIM HELLER

The real test of the highest court in the land is whether it is an effectual guardian of the people, especially of the most powerless and marginalised in society.

In the injustice of apartheid, courts accorded legality to an inhumane regime and the judiciary was weaponised against the African majority. In democratic South Africa, justice must be done and seen to be done so that the historically disempowered can believe in the promise of a free and equitable nation.

Early landmark judgments in the Constitutional Court affirmed the right of citizens to access life-saving HIV treatment, adequate water and housing. These judgments created an air of optimism that the apex court would be a faithful chamber of justice for ordinary South Africans.

Another important victory for citizens was the Constitutional Court's ruling that permits civil rights organisations and individuals to present cases before it.

However, the vital mission of safeguarding citizens’ rights and improving fair access to justice has been frustrated by the sluggish enactment of crucial judgments on socio-economic rights, impaired state capacity, and a lack of government accountability. Recent entanglements of the Court in political wars have also negatively affected its standing and trustworthiness.