On July 18, citizens in South Africa will once again observe Mandela Day, remembering not only the global figure but also the lawyer who believed that the law should serve the underprivileged, marginalized, and forgotten segments of the population. Although Mandela Day is often associated with food parcel drives, school visits, and clean-up campaigns, beneath this veneer of service lies a deeper question: is the country truly upholding his vision of equality and dignity for all?
Socio-economic Rights as the Foundation of Dignity
One of the most evident ways to answer this question is by focusing on socio-economic rights. These include rights to housing, healthcare, and social security. These rights are viewed not as luxuries, but as daily components of life lived with self-respect.
The Historical Journey of Human Rights
The history of human rights in South Africa is a long, painful, and unfinished process. For centuries, the law was used not to protect people, but to control them. Colonial expansion dispossessed communities of their land, and apartheid legislation entrenched racial segregation, restricted movement, and deprived Black citizens of basic freedoms. The Sharpeville massacre in 1960 exposed the brutality of a system that considered the lives of Black people expendable.
In that era, the concept of human rights in its modern sense was absent from the legal order. Nevertheless, lawyers began to resist, refusing to accept the established situation. They defended political prisoners, challenged warrantless arrests, and used the courts, however limited they were, to expose injustice. This work was often dangerous and rarely recognized, yet it laid the groundwork for the idea that the law could be reclaimed, rather than feared.
The Development of Legal Activism
By the late 1980s, legal activism had become a significant force. Public interest lawyers, along with Black legal associations and community justice movements, began speaking a common language focused on equality, accountability, and rights. When Mandela was released from prison in 1990, he was surrounded by lawyers who had supported him for decades. Their belief in the rule of law helped shape subsequent negotiations.
The Constitutional Breakthrough of 1994
The democratic breakthrough of 1994 placed human rights at the center of South Africa's new constitutional structure. The Bill of Rights became the bedrock of the nation's democracy, ensuring the protection of civil and political liberties while recognizing socio-economic rights, including access to housing, healthcare, food, water, and social security. Few constitutions in the world achieve this level.
This step was a conscious choice based on the understanding that apartheid was not just a political but also an economic system that denied people the ability to live with dignity. Human rights lawyers played a crucial role in drafting this foundation. They advocated for a Constitution that would not merely prevent future abuses but actively redress past injustices. They also contributed to the creation of Chapter 9 institutions, including the South African Human Rights Commission, which is responsible for promoting and protecting human rights and fostering a culture of accountability.
Practical Application of Rights
The work of human rights lawyers did not end with the signing of the Constitution. In the following years, they translated constitutional promises into reality through strategic litigation. Landmark cases changed the trajectory of the country's development. Among these are the Grootboom judgment, which affirmed the right to housing; the treatment campaign case, which forced the government to provide antiretroviral treatment; and the Khoza case, which secured access to social grants for permanent residents. Each such ruling reinforced the principle that rights are enforceable, not merely symbolic.
In KwaZulu-Natal, this work took on particular urgency. Communities facing dysfunctional municipalities, unsafe water supplies, overcrowded clinics, and persistent inequality often relied on public interest lawyers to challenge illegal decisions and demand compliance with constitutional obligations. In many instances, the judicial process was the only effective tool to compel government action.
Role in Memory Preservation and the Future
Human rights lawyers also play a vital role in preserving historical memory. The Truth and Reconciliation Commission relied on lawyers who helped victims tell their stories and seek justice. Today, as South Africa engages with international bodies, human rights lawyers continue to champion Mandela's insistence that dignity must be protected both domestically and internationally.
However, the mere existence of human rights lawyers does not guarantee a just society. They often work in under-resourced institutions, subject to political influence, or operate slowly. Court victories can be undermined by weak enforcement, while many communities continue to struggle to access legal aid. As many South Africans know well, rights mean little if they do not translate into food on the table, water from the tap, and safety on the streets.
A Call for Structural Change
This is why Mandela Day must be more than just a charity ritual. It must serve as a reminder that human rights are a daily practice, not an annual event. Mandela understood that dignity requires more than good intentions; it demands structural change. A food parcel can help for one day, but a functioning social security system provides lifelong protection. Cleaning a schoolyard has its value, but ensuring adequate sanitation and safe classrooms in every school is justice.
Mandela Day must also prompt us to ask more complex questions: Are our laws serving marginalized groups? Are our institutions protecting the vulnerable? Are we supporting the lawyers and activists standing between power and abuse? Are we strengthening oversight bodies that monitor the government?
If we can honestly answer these questions and act according to those answers, then Mandela Day will become more than just a moment of remembrance. It will become part of the long journey toward dignity that Mandela began alongside countless human rights lawyers.
South Africa's path in human rights remains far from complete. While the Constitution continues to embody a powerful promise, Mandela Day reminds us that fulfilling that promise requires more than 67 minutes. It requires a constant commitment to justice, accountability, and the conviction that the law must serve those who need it most.
