The immense impact which Nelson Mandela had on our democracy as well as the country as a whole is a celebrated part of South Africa’s history. This can best be seen in the Constitution of the Republic of South Africa 108 of 1996. The South African Constitution is fundamental and has the status as the highest “ranking” legislation in the South African legal sphere. This means that all other legislation must adhere to what is contained in the Constitution.

The Constitution houses all of the rights which a person has in South Africa. It is contained in Chapter 2 the Bill of Rights, section 7 up to section 37. These rights are inherent to all persons in South Africa, and must be adhered to at all times. This does not mean that your right to freedom cannot be limited where you are sentenced for criminal activities. All rights are qualified and limited in terms of the Constitution as well.

Some of the rights which all persons should be aware of are:

  1. Section 9 of the Constitution – No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
  1. Section 15 of the Constitution – Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
  1. Section 19 of the Constitution – Every adult citizen has the right—
    (a) to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret;
  1. Section 24 of the Constitution – Everyone has the right—
    (a) to an environment that is not harmful to their health or wellbeing; and
    (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures
  1. Section 27 of the Constitution – Everyone has the right to have access to—
    (a) health care services, including reproductive health care;(b) sufficient food and water; and(c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.
  1. Section 28 of the Constitution – A child’s best interests are of paramount importance in every matter concerning the child.
  2. Section 34 of the Constitution – Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

These are but only to name a few rights which South Africans are entitled to.

In circumstances where the rights of two people are in contrast to one another, the Courts will weigh up the elements of each of the rights against each other, and in a measure which still adheres to the true reasons and implementation of the Constitutional rights.

It is important for all persons to know and understand their rights as contained in the Constitution, and to know when they are being detracted from. The Constitution has been made available through many means and in an effort to allow as many persons to have access thereto. This is to help ensure that any person seeking to find more information on their rights in South Africa, will be able to do so.

The Constitution has been qualified even further with a number of landmark cases which have been handed down by the Constitutional Court, which is the Court who has the highest ranking in South Africa. Cases such as S v Makwanyane (1995) where the death penalty in criminal cases was named unconstitutional and can no longer be implemented, or Minister of Home Affairs and Another v Fourie and Another, where the Constitutional Court established that same-sex marriages/couples should also hold rights towards their partners.

As can be seen from the Constitution and our law as a whole, Nelson Mandela made many changes, and South Africa continues to change every day because of his efforts.

Constitution of South Africa The Impact of Nelson Mandela