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FW DE KLERK FOUNDATION MARKS 30 YEARS SINCE THE ADOPTION OF SOUTH AFRICA’S CONSTITUTION

Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 08/05/2026

Today marks thirty years since the Constitutional Assembly adopted South Africa’s Constitution. The Assembly was South Africa’s first democratically elected, non-racial parliament and reflected diverse political views. 

The Constitution that was achieved, was not a politically negotiated product, but the fruit of this Assembly’s extensive public consultation. It was born of South Africans’ courage and hope. Hope of a future that rejected domination and embraced dignity, equality and freedom. 

“The Constitutional is proof that deeply divided societies can choose dialogue over conflict,” says Christo van der Rheede, Executive Director of the FW de Klerk Foundation. “Its vision of a South Africa, where the state itself is subject to the law, and where all enjoy dignity, equality and freedom, remains as relevant today as it was thirty years ago.

Daniela Ellerbeck, Manager of the Foundation’s Constitutional Rights Programme, adds: “Constitutional democracy is built patiently and preserved deliberately. The Constitution was crafted to restrain the State’s power and protect the vulnerable. In a South Africa plagued by corruption and weak governance, it is more relevant than ever. For this reason, the Foundation will continue to strive to protect the Constitution and make its vision a reality for all South Africans.”

On this anniversary, the Foundation reaffirms its confidence in the Constitution as a living framework for accountability, dignity and peaceful change.

PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY

The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.

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