Conference

Has the South African Constitution Performed in the Past 20 years?

A Conference run by the International Institute for Democracy and Electoral Assistance together with the South African Institute for Advanced Constitutional, Public, and International (a Centre of the University of )

26-27 May 2016

Programme

DAY 1: 26 May 2016

08:30 – 09:00 ARRIVAL, REGISTRATION, TEA

Welcome 09:00 – 09:15 Ihron Rensburg TBC, Vice Chancellor, University of Johannesburg Prof Letlhokwa Mpedi TBC (Dean of Law, University of Johannesburg) David Bilchitz, University of Johannesburg, Faculty of Law & Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law Sumit Bisarya, International IDEA

09:15 – 09:45 Session 1: Evaluating the Performance of the South African Constitution – Understanding the Project This session will outline and engage with the methodology adopted in the project and highlight some of the challenges methodology for the purpose of evaluating constitutional performance in South .

Tom Ginsburg (University of Chicago) David Bilchitz (University of Johannesburg)

09:45 – 11:00 Session 2: The Internal Goals of the South African Constitution

This session will debate and discuss what the goals of the South African constitution are against which any evaluation should take place: was the constitution a peace treaty? Did it seek to transform society? How are we to understand its goals?

Cyril Ramaphosa TBC (Deputy-President, and former Chair of the Constituent Assembly) (Former Justice, Constitutional Court of South Africa) Hassen Ebrahim (Former Executive Director of the Constituent Assembly) Yasmin Sooka TBC (Served as Commissioner on the SA Truth and Reconciliation Commission as Chairperson of the Human Rights Violations Committee of the TRC)

11:00 – 11:30 TEA

11:30 – 13:00 Session 3: Rights

This panel will consider the extent to which the ‘rights’ in the bill of rights have realised their promise. The focus will be on equality rights, property rights and socio-economic rights.

David Bilchitz (SAIFAC) Cathi Albertyn (Wits)

Adila Hassim (Section 27) Bernadette Atuahene (Chicago-Kent)

13:00– 14:00 LUNCH

14:00 – 15:30 Session 4: Democracy

This panel will consider the extent to which the South African constitution has realised the democratic goals it set for itself. In this regard, the session should speak to the problems relating to the realisation of representative and participatory democracy with a particular focus on the legislature and executive.

Daryl Glaser (Wits, SAIFAC consultant) Susan Booysen (Wits School of Governance) Judith February (Institute for Security Studies) Firoz Cachalia (Wits)

15:30 – 16:15 Session 5: Public Perceptions of the Constitution

This panel will briefly outline and analyse the key findings from the performance project’s public survey on the attitudes of people in Gauteng.

David Bilchitz, Merle Werbeloff, Daryl Glaser (SAIFAC team)

16:15 – 16:45 TEA

16:45 – 18:00 Session 5: Chapter Nine Institutions

This panel will consider the extent to which the chapter nine institutions have performed and speak to some of the institutional challenges that the constitutional provisions have given rise to.

Andrew Konstant (SAIFAC) () Tseliso Thipanyane (Former CEO of South African Human Rights Commission) Catherine Musuva (Electoral Institute for Sustainable Democracy)

18:00 – 19:00 BREAK 19:00 – 19:30 TRANSFER TO DINNER 19h30 – 21h30 DINNER

DAY 2: 27 May 2016

09:00 – 10:15 Session 7: the Judiciary

This panel will assess whether the judiciary has met the goals established by the Constitution. It will also focus on the major changes confronting the South African judiciary at present.

Linette Du Toit (SAIFAC) TBC (Constitutional Court Judge) Chris Oxtoby (UCT) Cora Hoexter (Wits)

10:15 – 11:30 Session 8: Multi-Level Governance

This panel will focus on the extent to which the various structures comprising the co-operative governance framework (national, provincial and local government as well as the authority of traditional leadership) have performed according to the established constitutional goals.

Andrew Konstant (SAIFAC) Nico Steytler (University of the Western Cape) Andries Nel (Deputy Minister, Provincial and Local Government) Pindile Ntliziywana (UWC)

11:30 – 12:00 TEA

12:00 – 13:00 Session 9: Security Services

This panel will focus on the transformation the Constitution brought about in the security services and the degree to which these services have met the goals set for them. Khomotso Moshikaro/ Raisa Cachalia TBC (SAIFAC) Elrena van Der Spuy (UCT) Johan Burger (ISS)

13:00 – 14:00 LUNCH

14:00 – 15:30 Session 6: Evaluating Constitutional Performance from a Comparative Perspective

This panel will evaluate constitutional performance from a comparative perspective.

Madav Khosla (Harvard University) Dr Juan Carlos Henao Perez (Former head of the Columbian Constitutional Court) Jason Gluk (former United Nations Institute of Peace Expert)

TEA 15:30 – 16: 00

16:00 – 17:30 Session 10: Has the South African Constitution Performed?

This last session will provide a final evaluation of whether the South African constitution can be said to have performed and the respects in which it could be improved. It will also reflect on the value of considering constitutional performance.

Ebrahim Fakir (Electoral Institute for the Sustainability of Democracy in Africa) Valli Moosa (Constitutional Negotiator, Former Minister) Achille Mbembe (Wits) Justice (Constitutional Court Judge)