Millions of South Africans have constitutional rights they cannot access or use

Many South Africans hold constitutional rights they cannot use. South Africa’s Constitution promises dignity, equality, freedom, and justice, yet the gap between what the law guarantees and what citizens can actually claim remains one of the country’s most pressing civic challenges, a reality that sharpens as the nation marks Heritage Month under the theme “Celebrating Our Living Heritage: Strengthening the Ties That Bind Us”.

The foundational democratic values in the constitutional preamble rest on a commitment to social justice and fundamental human rights. Social justice, rooted in the philosophy of Ubuntu, calls on individuals and organisations to work toward positive societal transformation by ensuring every person can access basic human entitlements: dignity, freedom, equality, and justice. The Bill of Rights translates these principles into specific legal entitlements that members of society should be able to enjoy and benefit from.

A right written into law offers no protection to someone unaware it exists, unable to afford legal counsel, or too far from services that could help enforce it. Access to justice therefore encompasses far more than courtroom proceedings. It begins with knowledge. It depends on affordable advice and representation. It requires functioning laws and public institutions genuinely responsive to the people they serve.

Information barriers stand as one of the most fundamental obstacles. Many people do not know what the law permits them to do, what rights they hold, or whether a problem they face has a legal solution available. Public legal education, community workshops, and clear accessible information help citizens recognise when their rights have been violated and point them toward assistance. Without this foundation, even well-designed legal systems fail to serve their intended purpose.

Practical barriers compound the problem. For many South Africans, the cost of travel and legal services places help entirely out of reach. Bringing legal support directly into underserved communities can transform access. Werksmans’ law clinic in Diepsloot exemplifies this approach, making legal advice available in neighbourhoods where residents need it most. Werksmans also staffs law clinics for organisations such as ProBono.Org, extending reach further into communities that lack resources.

Some barriers require action beyond individual cases. When proposed laws or policies threaten to undermine constitutional rights or the public interest, civil society organisations can submit concerns to Parliament. Legal support enables these groups to articulate the constitutional and legal shortcomings in proposed legislation, ensuring Parliament considers the public interest implications of its decisions.

Representation in court or other legal forums becomes necessary when advice alone cannot resolve disputes. Individuals, communities, and civil society organisations need legal representation to challenge rights violations or secure remedies. Pro bono representation provides a pathway for people to pursue cases they could otherwise never afford to bring, ensuring that access to courts does not depend on wealth.

These interventions do not independently solve the broader structural obstacles to justice. They do, however, illustrate why access must be strengthened at every stage: from initial awareness that a right exists, through obtaining sound advice, to actually enforcing that right in practice. As noted in the analysis at https://www.polity.org.za/article/access-to-justice-is-part-of-south-africas-living-heritage-2026-09-25, the principle of Ubuntu during Heritage Month poses a direct question: can people across South Africa actually use the rights their Constitution promises them?

Strengthening access to justice transforms constitutional heritage from abstract principle into lived reality. It honours the democratic values on which the nation was founded and ensures that the ties binding South Africans together include genuine, practical protection of their fundamental rights. The harder question, one this Heritage Month invites the country to sit with, is what concrete steps will close the distance between the rights on paper and the rights people can reach.