March 23, 2004
By Philippa Garson
THE official opening of the Constitutional Court on Human Rights Day, 21 March, was as much a tribute to South Africa's maturing democracy as a celebration of Joburg's ambitious regeneration process.
Justice Pius Langa welcomes guest at the official opening of the Constitutional Court
The opening of the "architectural jewel", as President Thabo Mbeki described the Constitutional Court building, was a deeply symbolic event for the country: built on the grounds of the city's notorious Old Fort prison where human rights were flouted and oppression flourished, the court will instead be "a shining beacon of hope for the protection of human rights and the advancement of human liberty and dignity", as Mbeki put it.
But the court is also the crown jewel of Constitution Hill, a multi-million rand development that seeks to uplift Joburg. Its opening is symbolic too of the tremendous strides taken in bringing investment, tourism and cultural life back to the city. Constitution Hill is one point of the cultural arc that sweeps through Braamfontein and the Civic Centre, across the Mandela Bridge to Newtown.
Although the Constitutional Court judges moved into their grand new premises several weeks ago, and although there is much work still to be done to complete the campus, the colourful and inspiring court site is now officially open to the public.
A relaxed-looking Mbeki took a break from his intense pre-election speak to reflect on the poignancy of the moment, the creative talents behind Constitution Hill, and of the qualities befitting an independent judiciary. He spoke of the significance of locating the Constitutional Court on the grounds of the Old Fort "to make the categorical statement that our country has broken with its past of despotic and tyrannical misrule, and that henceforth, from here will issue decisions dedicated to the defence and advancement of liberty and human rights".
Mbeki said positioning the highest court in the centre of the city reflected "the national resolve to give new life to the centre of this major hub of our activities as a country, the City of Johannesburg.
"This too is part of the process of building the new South Africa, given that business and many among the better off fled from the city centre to the suburbs and new areas, as central Johannesburg began to change into a home for South Africans of all races, as it began to transform itself into a truly South African city.
"Constitution Hill makes the statement that central Johannesburg will continue to grow and thrive, no longer a place of segregation or of urban decay, but a leader in our country and continent as the city of the future."
In his address Gauteng premier Mbhazima Shilowa said: "A few years ago it would have been unthinkable that such an important institution as the Constitutional Court could be housed in Johannesburg … However, today (Johannesburg) is being transformed to play its role as a dynamic African city, resplendent in its diversity of population and land use types, from the Constitutional Court to the shopping capital of Africa, from social housing for the poor to penthouses for the rich. Our investment through Blue IQ has been the catalyst for much of this transformation."
Celebration was certainly the theme at the formal but relaxed event, which saw hundreds of dignitaries - including 37 judges from around the world, South Africa's own legal heavyweights and several cabinet ministers - witness the president declaring the seat of the highest court in the land open.
When 27 children - all born in 1994 - came up to the podium to recite the rights enshrined in the Constitution in the 11 official languages there was much emotion and laughter.
As the great wooden doors to the court were opened to admit Mbeki, his wife Zanele, Speaker of Parliament Frene Ginwala, Deputy Minister of Justice Cheryl Gillwald, Shilowa, Joburg mayor Amos Masondo (once a political prisoner at the Old Fort), Chief Justice Arthur Chaskalson and the rest of the Constitutional Court judges, the crowd applauded. A sumptuous feast was laid on and the real partying began.
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