LANGA: “Transformative Constitutionalism”

Question 1

1) Langa suggests that there is no single or fixed understanding of ‘transformation,’ yet a
basis exists for a collective understanding of transformative constitutionalism. What is this
foundation? (1)

Answer 1

• The postamble of the interim Constitution describes a “historic bridge” linking past
and future.

Question 2

2) What is the third interpretation of transformation identified by Langa? (1)

Answer 2

• a. Transformation of legal culture
• b. Socio-economic transformation
• c. Transformation as an ongoing ideal: continuous change without a final endpoint

Question 3

3) Outline five significant challenges for transformative constitutionalism as discussed by
Langa. (5)

Answer 3

• Access to justice and equal rights: A real commitment to substantive equality and
socio-economic progress is essential, yet disparities in wealth and power remain. The
Constitution must serve as a tool for advancing justice in all areas of South Africa.
• Reforming legal education: The future of law depends on how students are educated.
Legal education must incorporate the constitutional vision and highlight law’s role
within society to promote transformation.
• Transformation of legal culture: Judicial interpretation should reflect the values of a
transformative society; adherence to the law is beneficial as long as it supports
constitutional values and aligns with judicial standards.
• Shared responsibility for transformation and reconciliation: Transformation is a duty
of all three branches of government and must be visible in both the judiciary and
government policy. It should be harmonized with reconciliation efforts to advance
beyond the past.
• Fostering a climate for reconciliation: Apartheid’s beneficiaries, victims, and
perpetrators have a shared responsibility to achieve reconciliation through social
justice and socio-economic improvements; this is a national mission that goes beyond
government action alone.

Question 4

4) What does fostering a “climate for reconciliation” primarily involve? (2

Answer 4

• It requires a shift toward justice as social justice, enabling forgiveness through
improved socio-economic conditions and relationships between beneficiaries,
perpetrators, and victims. National reconciliation is deeply tied to socio-economic
reconstruction.

Question 5

5) If the law cannot mandate forgiveness or impose reconciliation, what role can it play in
these processes? (1)

Answer 5

• The law can help foster an environment that supports forgiveness and reconciliation.