South Africa's inspiring constitution

National pride is palpable in South Africa but so are the stunning challenges that face what is in many respects a new nation, reborn with the death knell to Apartheid in 1994. Nowhere are the roots of both more evident than on Constitution Hill in Johannesburg. There sits a unique South African institution, its Constitutional Court, with 11 judges who can (and do) instruct political leaders on constitutional principles and uphold South Africa's young constitution, that took effect in 1997.

A tour of the Constitutional Court as part of last week's Global Poverty Summit hardly seemed an intuitive top priority. But this spectacular building is indeed inspiring, a visual display of South Africa's hunger for justice in its finest sense and meticulous attention to symbolism and practice (there's a virtual tour). Every design feature, from lampshades to rugs to chair covers to paintings sets out to convey the message that the constitution is about translating high principles into daily reality. The Court is well known for its guts: standing up to a president doubtful that HIV/AIDS, calling for action on land and jobs, navigating debates on race, gender, marriage, abortion and religion, the court takes pride in its openness and in appreciating that a constitution is both about core values and living and changing history.

One small example of the commitment to respect is how the court decided to use cowhides on the front of the judicial bench: would that offend those committed to animal rights? The combination of reassurance that the cattle were treated with respect, their clear importance for South Africans, and the sheer beauty of the hides won them pride of place.

The symbols of trees are everywhere in the building, a reminder of the tradition that people settled matters in the open, under a tree. Transparency is a principle reflected in countless windows including a strip of always-open windows so citizens can observe the workings of the court. Brickwork was kept from the prison that used to be on the site: a place where Nelson Mandela and Mahatma Ghandi both were held. Some of the art is playful and full of hope, while other pieces recall bitter pain and rampant injustice. Every design detail, including where rugs were woven (by women under trees) honors a part of South Africa's past and present. Each piece of art has a conscious symbolism, of interconnectedness, of courage, of suffering and of hope.

South Africa's constitution justly claims to be one of the most progressive in the world. It begins with inspirational calls to principle, some that echo other great constitutions (including that of the United States): "We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity."

But the themes of diversity, the recognition of pain in the past and explicit honor to those who fought for freedom touch rare and uplifting notes. Its goals also are inspiring: to "heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;" to "lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;" and to "improve the quality of life of all citizens and free the potential of each person."

South Africa's challenges include formidable problems of huge inequalities and job creation challenges far beyond what our own country could imagine: unemployment is more than 25 percent but the real impact of joblessness is much higher. Debates on all topics, from how to create jobs to the significance of freedom of religion are heated: I was fascinated to find this critique on a Christian Web site, responding to authorization of a national lottery: "One of the consequences of these pieces of legislation is that wealth is perceived to be a matter of luck. This conflicts with the biblical principles of wealth creation." South Africa's public debates are not always civil and mannerly, but they are open and continuous.

Justice Cameron, who addressed our group, did not skirt the challenges. There are tough problems and hard days ahead. As former constitutional court judgeAlbie Sachs commented recently: "Clearly, the constitution by itself does not provide jobs, build homes and enable people to walk freely everywhere in the land. Nor does it eliminate inequality and unemployment. But it does create a coherent, functional and value-based framework in which all these problems can be dealt with." That's a brave reflection and a noble aspiration: an excellent way to look at what a constitution can and should do.

Katherine Marshall is a senior fellow at Georgetown University's Berkley Center for Religion, Peace and World Affairs, a visiting professor, and executive director of the World Faiths Development Dialogue.

By Katherine Marshall |  January 24, 2011; 1:00 AM ET

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