Reflections on 25yrs of SA‘s Constitution with Judge Albie Sachs

2021 marks 25 years since the South African Constitution came into effect in 1996. The signing took place on Human Rights Day, a symbolic day given the history of the Sharpeville massacre as a representation of the bloodletting that had formed and deformed the country’s soul over the centuries.

I asked Judge Albie Sachs to reflect on how our constitution came into being as well as its meaning to South African life.

 

His career in human rights activism started at the age of seventeen, when as a second year law student at the University of Cape Town, he took part in the Defiance of Unjust Laws Campaign. Three years later he attended the Congress of the People at Kliptown where the Freedom Charter was adopted. He started practice as an advocate at the Cape Bar aged 21.

The bulk of his work involved defending people charged under racist statutes and repressive security laws. Many faced the death sentence. He himself was raided by the security police, subjected to banning orders restricting his movement and eventually placed in solitary confinement without trial for two prolonged spells of detention.

In 1966 he went into exile. After spending eleven years studying and teaching law in England he worked for a further eleven years in Mozambique as law professor and legal researcher. In 1988 he was blown up by a bomb placed in his car in Maputo by South African security agents, losing an arm and the sight of an eye.

During the 1980s working closely with Oliver Tambo, leader of the ANC in exile, he helped draft the organisation's Code of Conduct, as well as its statutes. After recovering from the bomb he devoted himself full-time to preparations for a new democratic Constitution for South Africa. In 1990 he returned home and as a member of the Constitutional Committee and the National Executive of the ANC took an active part in the negotiations which led to South Africa becoming a constitutional democracy. After the first democratic election in 1994 he was appointed by President Nelson Mandela to serve on the newly established Constitutional Court.

In addition to his work on the Court, he has travelled to many countries sharing South African experience in healing divided societies. He has also been engaged in the sphere of art and architecture, and played an active role in the development of the Constitutional Court building and its art collection on the site of the Old Fort Prison in Johannesburg.

 

My conversation with him took place on Sunday, 19 September 2021. He began by telling me how he prepared for our conversation.