Discursive Essay on Incorporating the Bill of Rights into the Constitution of Republic of South Africa

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Discursive Essay on Incorporating the Bill of Rights into the Constitution of Republic of South Africa

The point of our constitution: A discursive Essay

The Constitution of the Republic of South Africa is a powerful but essential legal tool which was required to forge her people into the Rainbow Nation that they are apart of today. It is through this tool that South Africa became the diverse, democratic and truly free she is recognised as being today.

The South African Bill of Rights is cited by many to be one of the most amazing forms of affirmed humanitarian aid that has ever been created. The Bill was important enough to be included in the South African Constitution (1). By incorporating the Bill of Rights into the Constitution, every citizen of South Africa has had his/her rights protected, regarded equally and affirmed as a result of the Constitution being the supreme law of South Africa. Furthermore, by applying it to all South African citizens, this form of governance protects and enhances the diversity (2) of the nation by ensuring that all members are equal and by allowing them to be equivalent to each other (3) as well as freeing (4) them from the inequality of the past, thereby positively reinforcing the image of our Rainbow Nation.

During the apartheid era, many races, apart from the Whites, were often disadvantaged and held back in terms of development as a result of the racist Nationalist regime of the time. The Constitution, with the adoption of the Bill Of Rights (1), according to the Oxford Handbook of Gender and Politics (5), where any form of governmental assistance to underprivileged folks, particularly the assistance to disadvantaged women, supports the empowerment of those who have lived through conditions that challenged their identity. This protects the independence of the various cultures, allowing them to be nurtured and to grow safely on their own (4) which in turn supports the diversity and democratic powers of the people in the nation.

Not all of what the Constitution supports benefits the country as a whole. The ability to uphold the Rights listed in the Bill of Rights often requires monetary funding in order to be enabled, which leads to a need for foreign investment which does not build the economy but rather damages it due to the inevitable financial backlash to the point where democracy will fall(6). Inevitably, most democracies in third world countries also end up relying upon a parliamentary rule to aid the presidency with making important decisions which lead to eventual corruption through income inequality and other factors, culminating in the eventual removal of authority and all forms of democracy in the name of social reform (7). These fallacies could eventually lead South Africa back into the days of Apartheid, albeit with a different dominant race leading the mass segregation.

The Constitution of our country is a marvellous document that has played the part of being the tool that has united the citizens of South Africa on a common ground where all are equal regardless of background as well as providing the right to live freely and let their thoughts be heard and considered in the modern government.

Bibliography

(1996). Constitution of the Republic of South Africa, 1996 – Chapter 2: Bill of Rights. Available from: https://www.gov.za/documents/constitution/chapter-2-bill-rights. [Accessed: 14/2/2019].
(1828). Definition of diversity. Available from: https://www.merriam-webster.com/dictionary/diversity. [Accessed: 13/2/2019].
(1979). Definition of ‘democracy. Available from: https://www.collinsdictionary.com/dictionary/english/democracy. [Accessed: 13/2/2019].
(1995). Meaning of freedom in English. Available from: https://dictionary.cambridge.org/dictionary/english/freedom. [Accessed: 13/2/2019].
Georgina Waylen, Karen Celis, Johanna Kantola, and S. Laurel Weldon. (2013). Equality, Citizenship, and Nation. Available from: http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/978019975 1457.001.0001/oxfordhb-9780199751457-part-7. [Accessed: 14/2/2019].
Barry Weingast. (2015). WHY DEMOCRACY FAILS IN THE DEVELOPING WORLD. Available from: http://www.uabsknowledge.ac.nz/en/research-and-comment/research-and-analysis/why-democracy-fails-in-the-developing-world.html. [Accessed: 13/2/2019].
Ethan Kapstein. (2012). Why Democracies Fail: Lessons from Mali?. Available from: https://www.cgdev.org/blog/why-democracies-fail-lessons-mali. [Accessed: 14/2/2019].

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