
ARE WE TRANSFORMING? with Thembekile Phylicia Makhubele
June 20, 2025 at 11:04 AM
CELEBRATING THE CONSTITUTIONAL COURT ESTABLISHMENT, BUT WHAT ABOUT ACCESS?
South Africa rightly celebrates the establishment of the Constitutional Court a vital institution that symbolises our democracy, human rights, and constitutional supremacy.
But as we celebrate its existence, we must also confront a difficult truth:
⚖️ Not all rights are realised.
Many South Africans, especially the poor, rural, marginalised, and even public servants,continue to face systemic barriers to exercising their constitutional rights.
💰 ACCESS TO JUSTICE REMAINS A PRIVILEGE.
For an ordinary citizen,
🇿🇦the Constitutional Court and courts in general remain financially and procedurally inaccessible.
🇿🇦The cost of legal representation and the complexity of the system exclude those who arguably need it most.
👩🏽💼 EVEN IN PUBLIC SERVICE, IGNORANCE OF THE CONSTITUTION PERSISTS.
Many government departments and institutions have not meaningfully trained implementers public servants on the rights and obligations enshrined in the Constitution.
THIS LACK OF TRAINING RESULTS IN:
🇿🇦Misinterpretation of constitutional principles,
🇿🇦Punishment of individuals for constitutionally protected actions, and
🇿🇦A culture where compliance is inconsistent and influenced by political or personal agendas.
📢 INSTITUTIONS EMPOWERED TO EDUCATE THE PUBLIC ON: Constitutional rights must extend their focus to include internal education for public servants.
This is essential to:
🇿🇦Prevent wrongful decisions,
🇿🇦Promote ethical governance,
🇿🇦Ensure justice is not just
theoretical, but truly accessible
and lived.
As a PRIVATE CITIZEN and career public servant, I strongly believe that :
🇿🇦celebrating constitutional democracy must go hand in hand with demanding its full implementation.
🇿🇦A Constitutionan Court that’s not accessible is a right denied.
🇿🇦A right misunderstood is a freedom at risk.
🔒 DISCLAIMER: This reflection is shared in my personal capacity as a private citizen and professional, and does not represent the views or positions of any institution or employer.
#constitutionaldemocracy #accesstojustice #publicservice #ethicalleadership #humanrights #implementationmatters

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