The Rule of Law and Constitutions in rapidly changing societies
In a speech to the London Solicitors Litigation Association on 25 October 2011, F W de Klerk spoke about the rule of law and constitutions in rapidly changing societies.
He said that the new South Africa was founded on the premise that no-one - no majority, no minority, no individual - should ever again be able to unjustly deprive anyone - whether a majority, a minority or an individual - of any fundamental right. "The foundation of our historic national accord was that henceforth relationships between the state and citizens would never again be governed by the arbitrary decisions of this or that group or party - but by the carefully crafted and nationally agreed precepts of the Constitution."
The founders of the Constitution drafted an historic charter that provided the basis for genuine democracy; the rule of law and the enjoyment of fundamental rights. It was, however, also a transformative document. It rejected the idea that status quo should be maintained. It enjoined South Africans to work for a society based on human dignity, equality and the enjoyment of fundamental rights for all. It empowered government to take steps to promote equality by advancing people who had been disadvantaged by unfair discrimination. It endorsed the concept of land reform. "Thus it provides a framework for rapid change, based on the rule of law and constitutional principles."
At the same time it protected the reasonable rights of all South Africans by accommodating the sometimes competing aspirations and apprehensions of our remarkably diverse population.
According to De Klerk, the South African constitution was much more than a legal document. "In a very real sense it provides the foundation for our new nation. It was not imposed on anyone - but was endorsed by parties that represent an overwhelming majority of our population and its constituent communities. It sets out the goals toward which we must all aspire and the values that should guide our behaviour."