The Bill of Rights at 30: Turning Human Dignity into Reality:
Human Rights Day arrives with a question South Africa can no longer defer. Not whether the country has one of the world’s most progressive constitutions, but whether the rights it promises are being realised in the lives of the people it was meant to serve.
Three decades after the adoption of the Bill of Rights, the answer is increasingly contested. South Africa’s constitutional framework continues to command global respect. Its courts remain assertive and its rights architecture intact. Yet for millions the distance between constitutional promise and daily reality remains wide and, in some cases, widening.
This year’s theme, “The Bill of Rights at 30: Making Human Dignity Real,” reflects that tension. It marks a milestone in the country’s democratic journey while forcing a more difficult question. What does dignity mean in a society where unemployment remains above 30 percent, inequality is among the highest in the world, and access to basic services is uneven and, in some areas, deteriorating?
Human Rights Day commemorates the events of 21 March 1960, when apartheid police opened fire on a peaceful protest against the pass laws in Sharpeville, killing 69 people and wounding many more. The massacre exposed the violence of the apartheid state and became a turning point in the struggle against racial rule.
In democratic South Africa the date was repurposed as a public holiday intended to affirm a constitutional order founded on dignity, equality and freedom.
The Constitution adopted in the mid 1990s entrenched civil liberties and political freedoms while also recognising socioeconomic rights rarely embedded so explicitly in constitutional law. Access to housing, healthcare, education, food, water and social security were written into the country’s founding document alongside protections for equality, freedom of expression and religious belief.
It was a framework designed not only to end political exclusion but to redress material deprivation.
Thirty years later South Africa confronts a more complex reality. The legal architecture of rights remains strong. The Constitutional Court continues to defend the principles of the Bill of Rights and oversight institutions remain central to democratic accountability.
Yet constitutional protections alone cannot close the gap between law and lived experience.
South Africa remains one of the most unequal societies in the world. Unemployment continues to define the life prospects of millions, particularly young people. Poverty, spatial inequality and failing public services shape how rights are experienced in practice.
For many South Africans the rights guaranteed in the Constitution remain conditional, uneven and, at times, inaccessible.
Human Rights Day has therefore become more than a commemoration. It is a measure of how far the democratic project has progressed and where it has stalled.
The emphasis on dignity in this year’s theme is deliberate. Dignity sits at the centre of South Africa’s constitutional order. It underpins the rights framework and shapes how those rights are interpreted.
But dignity is not secured in law alone. It is experienced in the quality of public education, the accessibility of healthcare, the safety of communities and the responsiveness of state institutions.
Where those systems fail, dignity is diminished regardless of what the Constitution guarantees.
This tension between constitutional aspiration and lived reality defines much of South Africa’s human rights discourse.
Human Rights Month has become a space where that tension is contested. Civil society, academic institutions and constitutional bodies use the period to assess the state of rights and to press for greater accountability.
The range of issues framed through a human rights lens continues to expand.
Gender based violence remains a persistent national crisis. Access to education and healthcare remains uneven. Questions around policing, migration and freedom of expression continue to generate contestation.
At the same time new rights debates are emerging.
Climate change is increasingly understood as a human rights issue, particularly in a country where vulnerable communities face disproportionate risk. Digital access and data governance are raising new questions about privacy, economic participation and inequality.
Human rights are not static. They evolve alongside social, economic and technological change.
For younger generations the language of rights is increasingly tied to economic justice. Access to work, land and opportunity is framed as central to dignity.
This reflects a deeper tension within South Africa’s constitutional project. The Bill of Rights combined political and socioeconomic rights. Realising that vision requires institutions that function, governance that is accountable and an economy capable of expanding opportunity.
Where those conditions weaken, the promise of rights becomes harder to sustain.
The 30 year milestone of the Bill of Rights arrives as South Africa confronts both the resilience and the limits of its democratic institutions.
The Constitution remains one of the country’s most important safeguards. It provides citizens with legal avenues to challenge injustice and to hold the state accountable.
But it cannot substitute for effective governance.
Human Rights Day therefore remains both a commemoration and a test. It asks whether the ideals forged in the struggle against apartheid are being carried forward into the present and whether South Africa is prepared to renew the constitutional promise of dignity under more demanding social and economic conditions.
Protection of human rights depends on responsible and well-functioning systems of governance:
In his book Nexus, Yuval Noah Harari reasons that human beings have become extraordinarily successful in gathering information and power but less so in developing the wisdom needed to use that power responsibly.
Throughout history, many traditions have warned against this shortcoming in human nature. Myths and literary stories often illustrate, through symbolic cautions, the danger of pursuing power without the ability to effectively control it. Two well-known examples are Phaethon in Greek mythology and the poem The Sorcerer’s Apprentice by Johann Wolfgang von Goethe.
When read in connection with South Africa’s political history, these narratives provide insight into how societies gain power and why the protection of human rights — celebrated annually on Human Rights Day (21 March) — depends on responsible, well-functioning systems of governance.
The myth of Phaethon: Power without wisdom
The myth of Phaethon tells the story of a young boy who seeks proof of his divine parentage. He is described as the son of Helios, the sun god who, according to Greek mythology, drives the sun across the sky. To prove his origin, Phaethon demands to drive the sun chariot for a day. His father warns him that no human can control the celestial horses that pull the chariot, but Phaethon ignores the warning.
Once in the sky, he loses control. The chariot moves wildly, scorching vegetation, killing living beings and threatening to burn the earth. Zeus eventually intervenes, striking Phaethon with a thunderbolt to prevent further destruction. The gods regain control of the sky, saving the world.
Traditionally, this myth warns against arrogance and reckless ambition. It suggests that people who gain power without wisdom can cause serious harm, including violating human rights.
The Sorcerer’s Apprentice: Uncontrollable power
A similar warning appears in The Sorcerer’s Apprentice. Written in 1797, during the early stages of industrialisation in Britain, it tells the story of a young apprentice left in charge of a workshop. To avoid hard work, he uses one of the sorcerer’s spells.
While the sorcerer is away, the apprentice enchants a broom to fetch water from a river. At first, it works well, but he soon realises he cannot stop it. The water begins to flood the workshop.
He chops the broom in two to regain control, but this doubles the problem. When the sorcerer returns, the apprentice admits he cannot control what he has set in motion. The sorcerer restores order and emphasises a key principle: “Never summon powers you cannot control.”
This is not only a lesson for the apprentice, but for humanity.
Harari’s network problem
Both stories focus on individuals who misuse power. However, Harari, who refers to these stories in the prologue of his book, argues that the real source of human power lies in networks of cooperation. People gain influence by organising large groups through institutions such as governments, economic systems and technological infrastructure.
These networks enable societies to achieve remarkable outcomes, but they can also reinforce harmful ideologies and practices. The 20th century offers clear examples, including Nazism under Adolf Hitler and Stalinism under Joseph Stalin. These regimes were sustained not only by individual leaders but by extensive networks of state institutions, propaganda systems and loyal supporters.
Harari argues that one of humanity’s greatest challenges is to build institutional networks that manage power responsibly rather than use it for destructive or selfish ends.
Apartheid: A network of systemic oppression
South Africa’s history illustrates how powerful institutional networks can undermine human rights. Apartheid was not only the product of individual prejudice, but a political, legal and social system designed to enforce racial inequality.
State institutions created laws that controlled where people could live, work and move based on race. Political rights, education and economic opportunities were systematically restricted. Millions of black South Africans were excluded from meaningful participation in the country’s political and economic life.
In Harari’s terms, apartheid was a network of cooperation that entrenched structural injustice. Like Phaethon’s chariot, it caused widespread harm because it was rooted in flawed principles.
Democratic transition and the protection of human rights
The end of apartheid showed how networks of cooperation can also advance justice. The anti-apartheid struggle brought together activists, communities, political organisations and international supporters. One of its most prominent leaders was Nelson Mandela.
After apartheid, South Africa adopted the Constitution, widely regarded as one of the most progressive in the world. It includes a Bill of Rights guaranteeing equality, human dignity, freedom of expression and protection against discrimination.
This framework aims to prevent the abuse of state power. Independent courts, democratic elections and a free media serve as key mechanisms for accountability and the protection of citizens.
Challenges under ANC government
Despite this framework, South Africa faces challenges in realising these rights in practice. Since 1994, the country has been governed mainly by the African National Congress (ANC). Although the ANC played a central role in ending apartheid, its record in government has been criticised for corruption, weak administration and limited accountability.
Investigations into “state capture” exposed how networks of politicians, businesspeople and public servants manipulated state systems for private gain. Corruption diverts resources from essential services such as healthcare, housing and education, undermining human rights.
Another area of concern is cadre deployment, where party loyalists are appointed to key positions in state institutions. Critics argue this weakens public administration by prioritising political loyalty over competence. The consequences include failing infrastructure, poor service delivery and growing public dissatisfaction.
These structural problems directly affect human rights. Many people lack reliable electricity, clean water and adequate housing. When the state fails to provide these services, rights such as dignity, equality and access to healthcare are undermined.
Conclusion
The stories of Phaethon and The Sorcerer’s Apprentice offer enduring warnings about uncontrolled power. Harari expands this idea by arguing that power arises not from individuals but from networks of cooperation.
For human rights to be realised, these networks must be transparent, accountable and guided by the public interest. Only by combining power with wisdom can societies avoid the failures warned of in myth, history and contemporary politics.
Chris Jones is an emeritus professor in Systematic Theology and Ecclesiology at Stellenbosch University.
South Africa’s 12 million reasons to act: The hidden cost of inaction on obesity:
South Africa faces a growing health crisis that remains largely overlooked in national policy debates. While the country has made significant progress in tackling infectious diseases such as HIV and tuberculosis, another threat is expanding quietly alongside them: obesity and the wave of chronic illnesses that follow in its wake.
Around 12 million South African adults live with obesity, and the number continues to rise. More than half of adults are now overweight or obese. Among women, the burden is particularly severe, with more than two-thirds affected. According to the World Obesity Federation, these trends place South Africa among the countries with the highest obesity rates in sub-Saharan Africa.
Obesity is not simply a matter of personal lifestyle. It is a chronic disease associated with more than 200 medical complications, including cardiovascular disease, type 2 diabetes and several cancers. As prevalence rises, so too does the pressure on healthcare systems, public finances and economic productivity.
South Africa’s challenge is especially complex because it carries what public health experts describe as a double burden of disease. Infectious diseases such as HIV and tuberculosis remain major health challenges, while non-communicable diseases linked to obesity and metabolic dysfunction are increasing rapidly. Managing both simultaneously places significant strain on the healthcare system.
The economic costs are already substantial. Health economics research estimates that obesity cost South Africa approximately R33.2 billion in 2020, equivalent to about 15% of government health expenditure and roughly 0.67% of GDP. In the private sector, medical schemes incurred an additional R21.8 billion in obesity-related costs in 2022, driven largely by associated conditions such as diabetes, hypertension, heart disease and stroke.
Beyond healthcare spending, the economic burden manifests through lost productivity, absenteeism and early retirement due to chronic illness and disability. Employers absorb these costs through reduced workforce performance, while the state faces increasing fiscal pressure through healthcare and social support programmes.
The drivers of obesity are deeply intertwined with broader social and economic conditions. Food affordability is a major factor. Analyses of household spending show that the average monthly cost of a basic food basket often exceeds the income of many low-income workers. For many families, healthier food choices remain financially out of reach.
The result is a troubling paradox in which food insecurity and obesity coexist. Households facing economic constraints often rely on cheaper, calorie-dense foods high in sugar, salt and refined carbohydrates. These foods provide low-cost energy but contribute to long-term metabolic disease.
Urbanisation further compounds the problem. As cities expand, physical activity often declines while access to highly processed foods increases. At the same time, many communities lack safe public spaces for exercise, making healthier lifestyles harder to maintain.
The consequences are increasingly visible. South Africa now has approximately 4.6 million adults living with type 2 diabetes, a condition strongly associated with obesity and metabolic dysfunction and now among the country’s leading causes of death.
For decades, obesity was framed largely as a matter of personal responsibility, with public health campaigns focused primarily on diet and exercise. While these factors remain important, that perspective is now widely recognised as incomplete. Obesity is a complex chronic disease influenced by genetics, metabolism, environment and socio-economic conditions.
Addressing it therefore requires a comprehensive response.
Fiscal policy can play an important role. South Africa’s Health Promotion Levy, commonly referred to as the sugar tax, was introduced in 2018 to reduce sugar consumption and encourage healthier beverage choices. Research published in The Lancet suggests the levy has contributed to reductions in sugar purchases and product reformulation by beverage manufacturers. However, fiscal measures alone cannot solve the problem.
Additional evidence shows the levy also encouraged product reformulation and reduced sugar purchases, reinforcing its role as a population-level prevention measure.
Health system capacity also matters. Effective obesity management requires early diagnosis, lifestyle interventions and access to evidence-based treatment. Medicines targeting the glucagon-like peptide-1 (GLP-1) pathway have demonstrated meaningful benefits in managing obesity and type 2 diabetes. Clinical evidence shows weight reductions of around 10–15%, alongside improvements in cardiometabolic health. Medicines are not a substitute for prevention, but they can play an important role as part of comprehensive care.
Yet access to treatment remains uneven. Innovative therapies have emerged in recent years, but their cost and availability often limit access in middle-income countries. Without careful policy design, advances in treatment risk widening health disparities between those who can afford care and those who cannot.
Another barrier is stigma. Research indicates that nearly 69% of people living with obesity report experiencing stigma from healthcare professionals, often discouraging them from seeking medical care. Health systems must adopt more patient-centred approaches that recognise obesity as a chronic disease rather than a personal failing.
South Africa has confronted major health crises before. The country’s response to HIV and COVID-19 demonstrated what is possible when science, policy and community engagement align behind a common goal.
Obesity now demands a similarly ambitious response.
Thus, we have twelve million reasons to act. We must develop a national strategy that integrates prevention, equitable access to novel treatment, and supportive social environments. This isn’t about waistline management. It is about protecting the country’s health, productivity and economic future.
Thabeng Leping is Director of Market Access & Public Affairs at Novo Nordisk South Africa.
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