By Emily Setona
BLOEMFONTEIN – South Africans must reclaim ownership of the Constitution from politicians and ensure it delivers real change in their daily lives instead of remaining a document confined to courtrooms and official ceremonies.
That was the powerful message delivered by constitutional scholar and human rights expert Advocate Sipho Gideon Mantula during the commemoration of the 30th anniversary of South Africa’s Constitution at the historic Waaihoek Wesleyan Church – the birthplace of the African National Congress (ANC) – on Nelson Mandela Day.
Addressing government leaders, legislators, labour representatives, youth organisations and members of the public, Mantula challenged citizens to ask a difficult question: Who truly owns the Constitution?
“Our telegram this afternoon is from Waaihoek to Sharpeville,” he said.
“To whom does the 1996 Constitution belong? Was it the drafters? Was it those who contributed to it? The Constitution belongs to the people.”
He warned that the country’s supreme law would lose its significance if it failed to improve the lives of ordinary South Africans.
“The Constitution cannot simply exist in books or courtrooms. It must be felt by communities. It is a community Bible. Its authority comes from the people,” Mantula said.
He reminded the gathering that South Africa’s constitutional democracy was forged through decades of struggle, painful negotiations and enormous sacrifice, culminating in the adoption of the 1996 Constitution.
He said the country’s democratic institutions—including Parliament, the executive, the judiciary and Chapter Nine institutions—were established to protect constitutional democracy and safeguard citizens’ rights.
However, Mantula argued that democracy demands active public participation rather than passive reliance on elected leaders.
“We have never fully used the Petitions Committee. We just want to march, present a memorandum and wait. You need to petition Parliament. Write in Sesotho, isiXhosa or any language. That is another strategy beyond protest,” he said.
Turning his attention to the Free State, Mantula questioned why a province endowed with vast mineral wealth, fertile agricultural land and tourism potential continues to battle entrenched poverty and unemployment.
“This province is rich in mining, rich in food, agriculture and tourism. But does it benefit ordinary people? No, it does not. Poverty indicators continue to rise and unemployment remains one of our greatest challenges,” he said.
He further argued that South Africa has yet to fully confront the legacy of apartheid and urged society to embrace the African philosophy of ubuntu as a cornerstone of constitutional democracy.
“What we lack in our Constitution is the ubuntuness—botho, humanity. We must demonstrate humanity towards our neighbours and visitors,” he said, condemning racism, xenophobia and divisions that undermine the values enshrined in the Constitution.
Mantula concluded by stressing that constitutional rights must be matched by tangible socio-economic transformation.
“The Constitution is a living document. It must restore dignity, heal the wounds of the past and improve the daily lives of our people. Constitutional rights must be accompanied by meaningful social and economic progress,” he said.
Earlier, Free State Legislature member Thabo Meeko described the anniversary as especially symbolic because it coincided with Nelson Mandela Day.
He said celebrating three decades of constitutional democracy during the annual 67 Minutes campaign honoured the legacy of the late President Nelson Mandela, who signed the Constitution into law after leading South Africa’s transition to democracy.
The commemoration concluded with senior leaders signing a public pledge to uphold and defend the Constitution as the supreme law of the Republic.
Acting Secretary to the Free State Legislature Connie Sefo administered the pledge, which was signed by Free State Premier MaQueen Letsoha-Mathae, Free State Legislature Speaker Mxolisi Dukwana, Mangaung Executive Mayor Gregory Nthatisi, COSATU Provincial Secretary Tiisetso Mahlatsi, and Free State Youth Parliament Deputy Speaker Mpho Mndaweni.
The ceremony formed part of both the national celebration of 30 years of the Constitution and the annual observance of Nelson Mandela Day, reinforcing calls for constitutional rights to be translated into meaningful improvements in the lives of South Africans.
