SA at 30 Years of the Constitution: Progress Visible, But Inequality and Service Gaps Persist, Says SAHRC

Reflecting on South Africa’s historical context of centuries of dispossession, slavery, and systemic inequality, Prof. Madlingozi said the country has made “significant progress” in expanding access to basic rights.

As South Africa marks Human Rights Month under the theme “Bill of Rights at 30: Making Human Dignity Real,” the South African Human Rights Commission (SAHRC) has painted a mixed picture—highlighting notable democratic gains while warning of deep structural challenges that continue to undermine human rights.

Speaking to SAnews, SAHRC Commissioner Prof. Tshepo Madlingozi emphasised that while South Africa has made measurable progress since 1994, persistent inequality, service delivery failures, and rising social challenges threaten to erode these gains.

Three Decades of Progress Since Apartheid

Reflecting on South Africa’s historical context of centuries of dispossession, slavery, and systemic inequality, Prof. Madlingozi said the country has made “significant progress” in expanding access to basic rights.

Key improvements include:

• Increased school enrolment among children

• Expanded access to housing, water, and electricity

• Successful democratic elections, including the 2024 national and provincial polls

“These achievements demonstrate that constitutional rights—particularly the right to vote—are firmly entrenched,” he noted.

Persistent Gaps in Basic Services

Despite progress, the SAHRC’s State of Human Rights Report 2024/25 reveals serious shortcomings in the delivery of fundamental rights.

• Many communities still lack clean and accessible water

• Continued reliance on bucket sanitation systems

• Gaps in access to electricity, healthcare, and housing

“These are rights guaranteed under Section 27 of the Constitution, yet we continue to receive a high volume of complaints in these areas,” Madlingozi said.

Rising Concerns: Crime and Gender-Based Violence

The Commission flagged crime and gender-based violence (GBV) as major threats to human rights, warning that these issues are becoming entrenched.

“The overall picture is concerning—it is a ticking time bomb if not addressed urgently,” he cautioned.

“One Step Forward, Two Steps Back”

When asked whether the country is progressing or regressing, Madlingozi described South Africa’s trajectory as uneven.

“It’s one step forward, two steps back sometimes,” he said.

The Commission receives 6,000 to 8,000 complaints annually, reflecting both:

• Public awareness and trust in democratic institutions

• Ongoing systemic challenges affecting citizens’ rights

Inequality and Failing Local Governance

Deep inequality remains one of the most pressing challenges.

Findings from the Commission’s State of Readiness of Schools Report (2026) show:

• Poor infrastructure in disadvantaged schools

• Lack of science labs and libraries for impoverished learners

Additionally, dysfunction in some municipalities continues to hinder service delivery.

“Local government is the frontline of service delivery. When it fails—due to corruption, lack of capacity, or poor leadership—people are denied their basic rights,” he said.

Importance of Human Rights Day and Collective Memory

South Africa commemorates Human Rights Day on March 21, marking the 1960 Sharpeville massacre.

Madlingozi stressed that national days are critical to prevent “collective amnesia.”

“These are moments for reflection—looking back at our history and forward at what still needs to be done,” he said.

Redistribution and Constitutional Literacy Key to Progress

The Commissioner underscored the need for:

• Redistribution and redress to address historical injustices

• Greater constitutional literacy among citizens

“Everyone should have access to the Constitution and understand their rights—and responsibilities,” he said.

He also called on institutions to promote active citizenship, noting that rights must be accompanied by accountability.

Focus on Youth: Rights and Responsibilities

The SAHRC has launched a Rights and Responsibilities of Learners campaign, highlighting growing concerns around:

• Bullying

• Cyber abuse, including revenge pornography

• Mental health challenges and youth suicides

“Young people are aware of their rights, but not always their responsibilities. This must change if we are to build a responsible society,” he said.

Hate Speech Law Marks Legal Milestone

The recently signed Preventing and Combating of Hate Crimes and Hate Speech Act (2024) was welcomed as a critical step forward.

Key provisions include:

• Criminalisation of hate speech and hate crimes

• Recognition of bias-motivated crimes as aggravated offences

• Clear legal definitions to guide enforcement

“For the first time, there is clarity and consequence for hate-driven conduct,” Madlingozi said, noting that final regulations are awaited.

Bringing the Constitution to Life

Marking 30 years of the Constitution, the Commissioner urged citizens to actively engage with constitutional values in everyday life.

“The Constitution is just a document—it must be brought to life through our actions,” he said.

He emphasised values such as:

• Dignity

• Respect

• Empathy

• Ubuntu

The Road Ahead

While acknowledging progress, the SAHRC warned that South Africa’s journey toward full realisation of human rights remains incomplete.

From addressing inequality and improving service delivery to strengthening institutions and civic awareness, the next phase will require collective responsibility and sustained effort.

“If all of us, through everyday actions, uphold constitutional values, we will see real progress,” Madlingozi concluded.