Cape Town - Even though he is retired, former Constitutional Court judge Albie Sachs is still fighting for the rights of South Africans.
Sachs said the constitution remained an important cog in the debate on land redistribution and the transformation of South African society.
“The constitution is remarkable in two respects: it’s very forward-thinking and progressive, and has created institutions that are working. We have the mechanisms for change and the challenge is for us to use the rights we won,” he said.
Sachs recently spoke at a seminar aimed at building civic organisations to contribute to the public participation process.
He reflected on the past 24 years of democracy and said a time frame could not be used to measure progress.
“We’ve got the country we wanted, but not yet the society we want. The constitution isn’t just a thin piece of paper out of touch with reality. It can be used appropriately to affect change.”
He has also lent his voice to the debate around Cape Town’s proposed development of Maiden’s Cove, which holds a historical connection for residents of Bo-Kaap, who were banned from swimming in Clifton and Camps Bay under apartheid.
The plan includes the development of the cove for housing, a hotel, restaurants and a parking lot.
Sachs criticised the council’s decision in an article, saying it calls for public participation in the project were “inadequate”, and he cited the constitution as placing “insurmountable barriers” on the plan.
“South Africa has the huge, lingering impact of race and we have to find a way of dealing with it,” said Sachs.
The 83-year-old said at a photo exhibition at Robben Island Gateway that Ireland played a role in South Africa’s struggle for freedom and a significant part in the development of our constitution.
“Ireland played such an important role in our struggle. Irish people fought for their independence. They appreciated our struggle with their hearts as well as their minds.
“It was no accident that the first draft of the ANC’s Bill of Rights was written on the kitchen table of the home of Kader and Louise Asmal in Dublin.”
Sachs said Ireland and South Africa shared political ideals and intellectual discourse, but differed in some societal aspects.
“After I was blown up in Mozambique in 1988, I went back to Ireland. It was fitting that the constitution was written there. The Irish constitution is quite conservative in parts and in developing ours we included socio-economic rights, making us one of the first in the world to do so.”
@WeekendArgus