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| Daily Maverick associate editor Ferial Haffajee. (Photo: Gallo Images / Destiny / Nick Boulton) | Professor William Gumede in Johannesburg on 3 March 2009. (Photo: Mail & Guardian / Oupa Nkosi) | Professor Geo Quinot. (Photo: Supplied) |
South Africa has been grappling with numerous socioeconomic challenges for almost 30 years since the end of apartheid. In the run-up to the 2024 elections, experts have expressed concern about the government's negligence in meeting the needs of its citizens. Socioeconomic rights are embedded in the Constitution, but many South Africans have lost faith in their power as the government continues to ignore them. The Constitution clearly stated that the government had a duty to respect, protect, promote, and fulfil all the rights in the Bill of Rights.
Socioeconomic rights give people power to access basic things and services, such as shelter, healthcare, food, and social welfare, so that they can lead a dignified life. However, the government cannot deprive a qualifying candidate of a social grant or limit anyone in exercising their rights.
Neglective socio-economic challenges in South Africa include the recent "glitch" that stalled September's grant payout to older people, who are financially dependent on social welfare to survive. The healthcare system has also been underwhelmed as the government repeatedly fails to fulfil its constitutional mandate to provide equitable healthcare services to all South Africans. A fire in a Johannesburg building left at least 74 dead in late August, and the government's response to the tragedy was to blame NGOs and foreigners.
Quinot pointed out that although these rights are enshrined in the Constitution, many people have lost faith in their power as the government continues to ignore them. He suggested that systematic investigations should be conducted to discover and deal with systemic blockages. The lack of accountability by government officials and the practice of selectively implementing the Constitution played a significant role in the destruction of the legitimacy of the Constitution, all taking place under a president who was one of the document's drafters.
Gumede, also the independent convenor of the Multi-Party National Convention, describes this as a "heartbreaking sentiment" after 1994. The ANC's party constitution became more important than the country's Constitution, and the Constitution has been used selectively, destroying the legitimacy of the Constitution.
This article was originally published in the Daily Maverick, written by Chuma Nontsele. Read the original article.
