To demean the Constitution, which was co- written by the most iconic minds across political and social divides, to a mere temporary measure is the clearest indication yet of what the governing party has become. The truth is that our Constitution works. It is the mechanism that directs us unambiguously to redress poverty and inequality. It is not an obstacle to redress. When a government is weak and in need of reform, the solution is not to undo the foundation upon which it stands. The solution is to change that government. [Applause.]
The ANC's new rhetoric around the need for a so-called "second transition" is nothing more than a smokescreen to divert South Africa's attention away from the real issue of poor governance. [Interjections.] It is cynical to argue that South Africa needs constitutional amendments to achieve socioeconomic progress. On the contrary, the real roadblock to social and economic change is when South Africa deviates from the Constitution and its founding principles of nonracialism, judicial independence, the separation of powers and devolved government.
The Constitutional Court has fearlessly upheld the people's inalienable human rights in a number of important judgments. When a group of parents in the Eastern Cape had had enough of their children being subject to the daily indignity of attending classes in mud schools as a consequence of the government's failure to deliver, it was the Constitutional Court they turned to to uphold their socioeconomic rights. When government failure denied the courageous Irene Grootboom her right to decent housing, it was the Constitutional Court that upheld her human rights. When the government stood idly by as millions of HIV-positive pregnant women were helpless to prevent the transmission of the virus to their unborn children, it was the Constitutional Court that compelled the Minister of Health to provide the necessary medication. [Interjections.] On HIV/Aids, that court used its powers wisely and with restraint, but with unmistakable clarity.
The elegance of our Constitution is that it defines the boundaries of our policy-making. Every party represented here, every think-tank and foundation, every NGO and faith-based organisation - everyone, in fact, who cares about South Africa - is obliged to find answers within the human rights framework of the Constitution. This is what leads us on this side of the House to reaffirm the principle of broad-based black empowerment and to say that it needs to be fixed so that the rewards can be shared by millions. This is what directs us on this side of the House to support investment in capital infrastructure and to augment that with a plan for economic reform that will power job-creating economic growth. It is also what inspires us in the opposition benches to embrace Nelson Mandela's vision of nonracialism and to say that the only way we will achieve this is by building a pro-poor, nonracial economy.
And so we start by asking: How do we give expression and meaning to the Constitution? If amending the Constitution is the answer, then we are asking the wrong questions. The Constitution has not failed South Africa, the government has. [Interjections.]
HON MEMBERS: Hear, hear!