Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
Founding Principles
Preamble:
South Africa is still a society in transition – the foundations of the new democratic order still need to be cemented. Its potential fault-lines – of race, ethnicity, gender, class and access to resources – have to be addressed within the context of a democratic constitutional order. Some may seek to exploit this vulnerability for personal or narrow gain, threatening the progressive values of human dignity, equality and freedom which underpin the Constitution that, hard won as it was, should not be taken for granted.
The Constitution is a social contract, resulting from, among others, ordinary peoples’ struggles and it must therefore be honoured by both government and the people. It must be protected and advanced as an instrument of social transformation, so that the majority of South Africans identify with it and would be willing to mobilize in its defence if required. Only by being seen to work in favour of all South Africans, rich and poor, and in particular the vulnerable and the marginalised, will the Constitution sustain the support of all the people of South Africa.
The ‘people’ are the principal custodians of the values of the Constitution, and custodianship needs to be relocated from institutions to people. Once constitutional rights are claimed by the many, then ordinary people will undertake extraordinary acts to assert their rights and protect and advance the constitution.
Core Principles & Values:
The Council is a project of progressive people who want to advance the South African Constitution as the platform for democratic politics and the transformation of society. The Council embraces the contestation of ideas and encourages debate on how best to build a just and equal society in which people can live securely with dignity. .
While recognizing and supporting all the values included in section 1 of the Constitution of the Republic of South Africa 1996, the Council for the Advancement of the South African Constitution (CASAC) is founded upon the following core Principles:
A Call to Action:
Significant gains in the constitutional arena have been made in the past fifteen years, and we take pride in these achievements. However the Constitution remains vulnerable to attack by conservative forces both within government and in broader society. It is time to build a broad-based coalition to advance and protect the Constitution. We have resolved, therefore, to establish a Council for the Advancement of the South African Constitution (CASAC) to build social consensus and to develop a platform of common and complementary action across and between different sectors, with the following principal strategic objectives:
A) To organise, in harness with others, a multi-sector Campaign to mobilise in support of the Constitution as the expression of the goals and standards to which society aspires – social activism will provide the means by which people can claim and defend rights.
B) To develop an effective strategy for Public Engagement & Dialogue – people will only defend the Constitution if they can see and feel its tangible benefit to them; although leadership is important it cannot be just a leader-driven project.
C) To foster initiatives that provide Advice – institutions and organisations that can help people not only to know their rights but to take action to protect and claim them.
D) To encourage Public Interest Litigation – to enable more people to claim their rights under the Constitution, and to develop a progressive, assertive jurisprudence on human rights.
E) To Conduct Research – there is a strong imperative to ‘make the case’ for constitutional rights through evidence-based research, and to leverage new opportunities for strengthening the Constitutional order.
F) To Network and Communicate locally and globally around the need to protect and advance our Constitutional democracy, and to conduct a sustained engagement with key political actors, such as the ruling party, other political formations, the labour unions, business, the faith communities and social movements.
Members of the Advisory Council
Prof Cathi Albertyn
Mr Oupa Bodibe
Adv Geoff Budlender SC
Prof Richard Calland
Ms Susannah Cowen
Prof Pierre de Vos
Mr Mukelani Dimba
Ms Jackie Dugard
Mr Ebrahim Fakir
Mr Glenn Faried
Ms Judith February
Ms Nicole Fritz
Ms Isobel Frye
Prof Adam Habib
Mr Sello Hatang
Dr Frene Ginwala
Mr Mazibuko Jara
Mr Tshepo Madlingozi
Ms Basetsana Molebatsi
Mr Neo Muyanga
Mr Lawson Naidoo
Mr Tembeka Ngcukaitobi
Ms Nomfundo Ngwenya
Adv Vusi Pikoli
Mr Sipho Pityana
Adv Paul Pretorius SC
Bishop Joe Seoka
Adv Wim Trengove SC
Prof Hugh Corder
Ms Sandra Liebenberg
Mr Tseliso Thipanyane
Mr Mathatha Tshedu
Ms Faranaaz Veriava
Honorary members of Advisory Council
Prof Njabulo Ndebele
Justice Kate O’Regan
Prof Kader Asmal
Dr Mamphela Ramphele
Mr Bobby Godsell
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