Conference
Has the South African Constitution Performed in the Past 20 years?
A Conference run by the International Institute for Democracy and Electoral Assistance together
with the South African Institute for Advanced Constitutional, Public, Human Rights and
International law (a Centre of the University of Johannesburg)
26-27 May 2016
Programme
DAY 1: 26 May 2016
08:30 – 09:00
ARRIVAL, REGISTRATION, TEA
Welcome
09:00 – 09:15
Ihron Rensburg TBC, Vice Chancellor, University of Johannesburg
Prof Letlhokwa Mpedi TBC (Dean of Law, University of Johannesburg)
David Bilchitz, University of Johannesburg, Faculty of Law & Director, South
African Institute for Advanced Constitutional, Public, Human Rights and
International Law
Sumit Bisarya, International IDEA
09:15 – 09:45
Session 1: Evaluating the Performance of the South African Constitution –
Understanding the Project
This session will outline and engage with the methodology adopted in the project
and highlight some of the challenges methodology for the purpose of evaluating
constitutional performance in South Africa.
Tom Ginsburg (University of Chicago)
David Bilchitz (University of Johannesburg)
09:45 – 11:00
Session 2: The Internal Goals of the South African Constitution
This session will debate and discuss what the goals of the South African
constitution are against which any evaluation should take place: was the
constitution a peace treaty? Did it seek to transform society? How are we to
understand its goals?
Cyril Ramaphosa TBC (Deputy-President, South Africa and former Chair of the
Constituent Assembly)
Albie Sachs (Former Justice, Constitutional Court of South Africa)
Hassen Ebrahim (Former Executive Director of the Constituent Assembly)
Yasmin Sooka TBC (Served as Commissioner on the SA Truth and
Reconciliation Commission as Chairperson of the Human Rights Violations
Committee of the TRC)
11:00 – 11:30
TEA
11:30 – 13:00
Session 3: Rights
This panel will consider the extent to which the ‘rights’ in the bill of rights have
realised their promise. The focus will be on equality rights, property rights and
socio-economic rights.
David Bilchitz (SAIFAC)
Cathi Albertyn (Wits)
Adila Hassim (Section 27)
Bernadette Atuahene (Chicago-Kent)
13:00– 14:00
LUNCH
14:00 – 15:30
Session 4: Democracy
This panel will consider the extent to which the South African constitution has
realised the democratic goals it set for itself. In this regard, the session should
speak to the problems relating to the realisation of representative and
participatory democracy with a particular focus on the legislature and executive.
Daryl Glaser (Wits, SAIFAC consultant)
Susan Booysen (Wits School of Governance)
Judith February (Institute for Security Studies)
Firoz Cachalia (Wits)
15:30 – 16:15
Session 5: Public Perceptions of the Constitution
This panel will briefly outline and analyse the key findings from the performance
project’s public survey on the attitudes of people in Gauteng.
David Bilchitz, Merle Werbeloff, Daryl Glaser (SAIFAC team)
16:15 – 16:45
TEA
16:45 – 18:00
Session 5: Chapter Nine Institutions
This panel will consider the extent to which the chapter nine institutions have
performed and speak to some of the institutional challenges that the
constitutional provisions have given rise to.
Andrew Konstant (SAIFAC)
Thuli Madonsela (Public Protector)
Tseliso Thipanyane (Former CEO of South African Human Rights Commission)
Catherine Musuva (Electoral Institute for Sustainable Democracy)
18:00 – 19:00
BREAK
19:00 – 19:30
TRANSFER TO DINNER
19h30 – 21h30
DINNER
DAY 2: 27 May 2016
09:00 – 10:15
Session 7: the Judiciary
This panel will assess whether the judiciary has met the goals established by the
Constitution. It will also focus on the major changes confronting the South
African judiciary at present.
Linette Du Toit (SAIFAC)
Sisi Khampepe TBC (Constitutional Court Judge)
Chris Oxtoby (UCT)
Cora Hoexter (Wits)
10:15 – 11:30
Session 8: Multi-Level Governance
This panel will focus on the extent to which the various structures comprising the
co-operative governance framework (national, provincial and local government
as well as the authority of traditional leadership) have performed according to
the established constitutional goals.
Andrew Konstant (SAIFAC)
Nico Steytler (University of the Western Cape)
Andries Nel (Deputy Minister, Provincial and Local Government)
Pindile Ntliziywana (UWC)
11:30 – 12:00
TEA
12:00 – 13:00
Session 9: Security Services
This panel will focus on the transformation the Constitution brought about in the
security services and the degree to which these services have met the goals set for
them.
Khomotso Moshikaro/ Raisa Cachalia TBC (SAIFAC)
Elrena van Der Spuy (UCT)
Johan Burger (ISS)
13:00 – 14:00
LUNCH
14:00 – 15:30
Session 6: Evaluating Constitutional Performance from a Comparative
Perspective
This panel will evaluate constitutional performance from a comparative
perspective.
Madav Khosla (Harvard University)
Dr Juan Carlos Henao Perez (Former head of the Columbian Constitutional
Court)
Jason Gluk (former United Nations Institute of Peace Expert)
TEA
15:30 – 16: 00
16:00 – 17:30
Session 10: Has the South African Constitution Performed?
This last session will provide a final evaluation of whether the South African
constitution can be said to have performed and the respects in which it could be
improved. It will also reflect on the value of considering constitutional
performance.
Ebrahim Fakir (Electoral Institute for the Sustainability of Democracy in
Africa)
Valli Moosa (Constitutional Negotiator, Former Minister)
Achille Mbembe (Wits)
Justice Edwin Cameron (Constitutional Court Judge)