Cape Town - The rule of law, one of the country’s foundational values took centre stage, during a recent labour law seminar held by the Education Labour Relations Council (ELRC) at the Cape Town International Convention Centre (CTICC), yesterday.
The sentiments were reiterated by now retired Chief Justice of South Africa Raymond Zondo, during his keynote address.
Titled “30 years in the making: Reconciling triumphs and losses in the labour relations landscape to carve a future path of success”, the seminar commenced yesterday and will run until tomorrow. Several trade unions were in attendance, along with labour relations practitioners and experts.
The aim of the seminar is to provide a platform to reflect on the role of the judiciary post-democracy and to ascertain if current legislation promotes the values expressed in the Constitution as well as to identify ways in which to improve the labour law environment over the next 30 years.
His address focused on the rule of law and the South African judiciary in the first 30 years of South Africa’s constitutional democracy, looking at instances in which courts upheld the rule of law in South Africa, and instances where this had been violated.
“Also, these positions that South Africa has been taking, value positions on the Rome Statutes, do not show South Africa as consistent in its fight for human rights, for the respect and protection of human rights everywhere.”
A lack of courtrooms and inadequate number of judges at the High Court of Johannesburg, meant that cases had to be set down in two or three years time, he said.
When people have to wait long periods before their cases can be heard, this affects the rule of law, in terms of the right of access to justice.
In terms of whistle-blowing on corruption or wrongdoings within the workplace or any other areas, he said there were opinions on providing monetary compensation to whistle-blowers.
He said the levels of corruption in the country were too high for such an approach and that “they should not be rewarded because that is what they’re supposed to do.
“Maybe in another country where the levels of corruption are low…” (it might be different).
Education expert and former Gauteng Education MEC, professor Mary Metcalfe said: “We’ve got to be reminded that the values, the principles, and procedures of our Constitution have to guide us in what we do… One of the purposes of Constitutionalism is principle trumps politics.”
Former Constitutional Court judge Albie Sachs also addressed attendees, with his talk focused on “Transformative constitutionalism in pursuit of ideal justice”.
He said the Constitution was robust and the most gender sensitive in the world.
“Because women inside the ANC had fought hard against sexism inside the organisation and fought hard for the quota to ensure that three out of every ten persons on their list would be women.”
“Our Constitution is a robust Constitution made by people, overwhelmingly who had been in the Struggle fighting for their rights. Maybe, if you like, by representatives of the masses, crafted maybe in detail by lawyers… It’s all transformational,” Sachs said.
“So we have a wonderful instrument. And if there are things that are not going right, don’t blame the Constitution, use the Constitution.”
shakirah.thebus@inl.co.za
Cape Argus