A CONSTITUTIONAL Court Justice said more work needs to be done by society together with the government in order to breathe life into the law as enshrined in the Constitution.
Justice Leona Theron, formerly of Wentworth, was the key-note speaker at the Denis Hurley Centre’s (DHC) Annual Stakeholders meeting and anniversary commemorations in Durban on Saturday.
Theron, who is a DHC patron, also reflected on the court trial of two stalwarts Archbishop of Durban, Denis Hurley, and the founder of the DHC, and founding director of the Diakonia Council of Churches, social activist Paddy Kearney from 40 years ago.
She said they were targeted by the legal system of the apartheid-government, which sought to gag them. Hurley was almost put on trial in early 1985 due to sharing information about the activities of the Apartheid state in Namibia.
Hurley succeeded in challenging the detention of Paddy later in the same year, after he was detained without charge.
Theron described the DHC as a social justice organisation which served the needs of the most vulnerable in society.
Reflecting on the effectiveness of the law to protect the most vulnerable, presently in South Africa, Theron described the Constitution as a landmark document that acted as a bridge between a “tumultuous past and a hopeful future”.
She stated that it was a symbol of the nation’s commitment to building a united and inclusive society based on founding values of dignity, equality and freedom.
Theron said that at one level, the Constitution was aimed at undoing the multifaceted injustices imposed by four centuries of colonial and apartheid rule, and that on another level, the Constitution attempted to build a new and better society for the future of South Africa.
She said that the Constitution achieved significant successes in promoting human rights, equality, and justice and established a robust framework for the protection of individual rights and freedoms, leading to a more inclusive society.
Theron said that Kearney’s detention was a chilling reminder of the apartheid regime’s ruthless grip on those who dared to stand for justice.
"The post-apartheid legal order, embodied in the Constitution of the Republic of South Africa in 1996, is founded on the very principles that Hurley and Kearney championed," she said.
She said that the Constitutional safeguards represented a decisive break from the past, ensuring that state power was subject to the rule of law and fundamental human rights.
"Despite the lofty promise of equality, millions in South Africa live a starkly different reality—one where justice feels distant, dignity is fragile, and belonging is uncertain. The poor, the marginalised, and foreign nationals often find themselves on the fringes, not because our laws do not recognise them, but because society fails to uphold their worth," she said.
Theron noted the indispensable role courts played in advancing social justice, the legal system had limitations in achieving systemic change.
"The shortcomings of litigation, including lengthy proceedings and significant financial burdens, present challenges that diminish its overall value in the fight for social justice," she said.
While the Constitution addressed historical imbalances, Theron said progress in areas like housing, healthcare, and education was “disappointingly slow” and the government’s failures compounded those challenges, undermining accountability and weakening the institutional integrity essential for meaningful reform.
Theron said that high crime and levels of violence further complicated South Africa’s democratic landscape.
Another challenge she noted lay in the balancing of socio-economic rights with resource constraints amidst growing public disillusionment over service delivery failures.
"If we are to bridge the deep divides of inequality and exclusion, we must move beyond rhetoric and into action.”
She said that it was important to strengthen access to education, economic opportunity and fair legal representation.
"To advance South Africa’s democracy over the next three decades, a multidimensional strategy is essential, addressing structural governance issues, promoting social and economic justice, and fortifying institutional frameworks.”
She added that addressing deficiencies in public service was paramount and that sustained investments in water, power, and transportation infrastructure will mitigate current challenges and promote resilience.
DAILY NEWS