Thirty years after the adoption of South Africa's Constitution, the nation finds itself at a crossroads — celebrating genuine democratic progress while confronting deep-seated inequalities that continue to undermine the promise of dignity for all. As Human Rights Month concludes under the theme "Bill of Rights at 30: Making Human Dignity Real", a senior commissioner has offered a sobering assessment of where the country stands.
South African Human Rights Commission (SAHRC) Commissioner Professor Tshepo Madlingozi acknowledged that meaningful strides have been made since the dawn of democracy, particularly when measured against 350 years of dispossession, genocide, slavery and forced displacement. School enrolment has expanded considerably, housing has been provided to millions, and basic services such as water and electricity have reached communities previously denied them. The successful 29 May 2024 national and provincial elections further demonstrated that the right to vote remains firmly protected.
Persistent challenges threaten democratic gains
Despite this progress, the Commission's State of Human Rights Annual Report for 2024/25 paints a troubling picture. Thousands of South Africans still lack access to clean water, with many communities continuing to depend on the bucket sanitation system. Gender-based violence remains deeply entrenched, and rising crime levels are eroding fundamental freedoms.
"When you look at basic services — access to water, electricity, healthcare, and participation in democratic processes at a local level — there's still a long way to go. Crime has impinged on human rights. We warn that the overall picture is not looking good, and that this is a ticking timebomb, unless it is addressed."
Asked whether South Africa is advancing or sliding backwards on human rights, the Commissioner — who also lectures at university level — offered a candid assessment, saying it is often "one step forward, two steps back". The Commission handles between 6 000 and 8 000 complaints annually, a figure that Madlingozi said reflects both public trust in the institution and a widespread awareness of constitutional rights. Yet the sheer volume also underscores the scale of unresolved grievances across the country.
The Commission's State of Readiness of Schools Report for the 2026 academic year revealed that learners in impoverished areas face crumbling infrastructure and a shortage of science laboratories and libraries. Dysfunctional local government compounds the problem, with service delivery inquiries conducted in the North West, Free State and Mpumalanga provinces exposing corruption, low capacity and under-skilled municipal managers and chief financial officers.
"Local government is the coalface of service delivery. When that level is dysfunctional, corrupt, or lacks capacity — where there are low-skilled municipal managers and CFOs — people are unable to access their basic rights."
South Africa observes Human Rights Day on 21 March each year, honouring the 69 peaceful protestors killed during the Sharpeville massacre in 1960 under the apartheid regime. Madlingozi stressed that such commemorations serve as vital antidotes to what he described as "collective amnesia" — a tendency to forget the country's painful history and take hard-won freedoms for granted. He emphasised that these national days are not celebrations but moments of critical reflection, allowing citizens to honour those who sacrificed their lives while honestly assessing the work still to be done.
New hate crimes law and constitutional literacy
A significant legislative milestone was reached in May 2024 when President Cyril Ramaphosa signed the Preventing and Combating of Hate Crimes and Hate Speech Act into law. The legislation criminalises hate crimes and hate speech, with draft regulations published for public comment, which closed at the end of January 2026. Madlingozi said the Commission had long championed such a law, noting that previous remedies through the Equality Court or mediation proved insufficient for serial offenders. The Act creates a distinct legal category for crimes motivated by racism, homophobia or xenophobia, ensuring that sentences reflect the aggravating nature of such offences.
"All of us have the right to freedom of expression. We are even free to insult one another, and podcasts can provoke. What you are not allowed to do, based on somebody's colour, race, sexuality or class, is to propagate hatred with the intention to demean them. That is hate speech. For the first time, there will be clarity on this issue that 31 years into democracy, we are still dealing with."
The Commissioner urged South Africans to familiarise themselves with their Constitution, which is available in all official languages and in Braille. Having taught law for 24 years, he admitted he does not know the document by heart but carries a copy at all times. He called for "proper redistribution" and insisted that justice cannot exist without reparation, redress and honesty about the past. The Commission has also launched its Rights and Responsibilities of Learners campaign, addressing concerning trends including bullying, revenge pornography and youth suicides linked to harassment. Madlingozi, who heads the Anti-racism, Education and Equality office, said nurturing constitutionally aware young citizens is essential. He called on all South Africans to embody values of dignity, respect, empathy and ubuntu in their daily lives — from how they engage on radio phone-ins to how they treat public infrastructure during protests — arguing that this is how the Constitution is truly brought to life.
South Africa's ongoing struggle to deliver basic services like clean water, sanitation, and adequate school infrastructure directly affects millions of residents and undermines economic participation in already disadvantaged communities. Dysfunctional local governance compounds these failures, discouraging business investment in underserved provinces. The new hate crimes legislation provides a stronger legal framework, but its effectiveness will depend on enforcement capacity and public engagement with constitutional rights as the country navigates its next decade of democracy.
