Celebrating 30 years of the South African Constitution

This year marks a significant milestone for South Africa as the Constitution celebrates its 30th anniversary. The momentous occasion was commemorated on 24 August 2026 at a gathering hosted by the Centre for Constitutional Values, with the support of Parliament, the City of Cape Town and the European Union. The anniversary provided an opportunity to reflect on how far the country has come since the adoption of the Constitution. 

AG Tsakani Maluleke participated in a dialogue exploring the importance and role of public and private South African stakeholders in supporting the Constitution and constitutionalism, as well as contributing to the implementation of, among others, the socio-economic rights provided for in section 27. 

The AG highlighted the importance of having conversations that remind South Africans of the battles that were fought to get the country to where it is today. “That’s how we’re going to appreciate the importance of where we are and how far we have to go,” she said. 

She further reflected on the role of the AGSA as a chapter 9 institution established by the Constitution to safeguard democracy - that of strengthening accountability, promoting good governance and contributing to building a capable state. 

She explained that the AGSA serves as the external auditor of government, scrutinising how government uses public resources and whether these resources are being used for their intended purpose and in the interests of citizens. 

“Someone has to scrutinise if the funds are indeed doing what they need to do,” said AG, emphasising the importance of ensuring that government resources serve the interests of citizens. 

The AG highlighted that the AGSA is mandated to audit the whole of government, noting that not all supreme audit institutions have this privilege. This gives the AGSA a unique perspective across the public sector. She also emphasised that the Constitution provides the AGSA with the type of independence it needs to fulfil its mandate effectively. 

Reflecting on the implementation and understanding of the Constitution, the AG highlighted a gap: many of the people who were instrumental in writing the Constitution are no longer active members of Parliament. She noted that, over time, the understanding of some of the Constitution’s provisions and the principles contained in the White Paper has been lost. 

As part of addressing this gap, the AGSA has had to engage with and educate MECs and heads of department. The AG highlighted the need to educate successive generations of politicians, rather than assume that they automatically understand what the Constitution provides for. 

She called for a broader, society-wide effort to educate not only young people, but people across society, ensuring that everyone understands the rights, responsibilities and principles provided for by the Constitution. “So, let’s not just educate the youth, let’s also educate those running government.” 

In closing, the AG emphasised that fully implementing the Constitution requires getting law enforcement right, and this includes successful prosecutions. She warned that, without visible consequences, corruption will continue to prevail. 

She called for stronger institutions and, more broadly, for society to stop applauding and rewarding corrupt behaviour. “We must call out all those who are doing wrong in society, because as long as society rewards wrongdoing, it will be difficult to push it out.”