The role of state institutions in supporting constitutional democracy

On 20 August 2025, the Inclusive Society Institute, in partnership with Daily Maverick, hosted the second episode of its Constitutional Insights by Albie Sachs webinar series. This series builds on a four-part podcast with former Constitutional Court Justice Albie Sachs, offering South Africans a deeper understanding of the Constitution’s founding values and exploring the challenges of building a more inclusive and accountable democracy.

Following the inaugural conversation on “What does it mean to be South African?”, this episode brought together political analyst William Gumede and constitutional law scholar Prof. Pierre de Vos to discuss how state institutions can support and uphold South Africa’s constitutional democracy.

The dialogue examined the critical role of institutions such as the judiciary, Parliament, Chapter Nine bodies, and the public service in protecting rights, ensuring accountability, and maintaining democratic stability. Both speakers emphasised that the Constitution provides a strong framework for institutional independence, but the effectiveness of these institutions depends on their practical functioning — resisting political interference, maintaining integrity, and remaining responsive to the public.

Gumede highlighted the risks posed by corruption and institutional capture, noting that such threats erode public trust and weaken democracy. De Vos stressed the need for institutions to actively uphold constitutional values, enforce the law impartially, and hold those in positions of power accountable. The discussion underscored that South Africa’s democratic resilience relies as much on strong institutions as on an engaged and informed citizenry.

The conversation also reflected on lessons from recent political and judicial challenges, demonstrating both vulnerabilities and the remarkable capacity of institutions to safeguard democracy when supported by law and public oversight. The speakers called for continued efforts to strengthen public trust, professionalise the state, and ensure that institutions serve all citizens equally.

The remaining episodes in the series will continue to explore pressing constitutional themes, including:

• The power of mother tongue education

• What it will take to create an inclusive electoral system

Through these conversations, the Constitutional Insights series aims to foster public reflection, debate, and engagement with the Constitution as a living framework for an inclusive and just South Africa.