The Concept of Transformative Constitutionalism in Post-apartheid South Africa
The Concept of Transformative Constitutionalism in Post-apartheid South Africa

Summary/Abstract: Transformative constitutionalism has emerged as a redefining characteristic of South Africa's post-apartheid regime. Its emergence postulates a paradigm shift, signifying a profound moment in South Africa's history that has been embedded by an institutionalized race politics regime. This by large has been facilitated by the final Constitution of the Republic of South Africa of 1996. Karl Klare, the founding author of this concept has provided an outline of what it entails for South Africa. Since Karl Klare’s paper, there has been a proliferation of scholarly discourse on this concept. While interpretations have varied, the underlying core attributes remain central in the discourse. In light thereof, this article explores the idea of transformative constitutionalism in post-apartheid South Africa. It points out that South Africa's 1996 Constitution is a transformative document designed to redress historical injustices that preexisted before the constitutional dispensation. Central to the argument is that the ultimate goal of transformative constitutionalism is to fundamentally reconstruct South African society and create meaningful improvements in social, political, and economic conditions for all. This paper explores this by examining specific provisions that illustrate the Constitution’s transformative character.

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