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Deputy Minister Andries Nel: South African Law Reform Commission Workshop

Professor Domingo, Members of the Commission, distinguished presenters, colleagues, and guests, good morning.

Thank you very much for the opportunity to join you today at this important workshop of the South African Law Reform Commission.

Meeting here today, we are reminded of the words of former Chief Justice Ismail Mahomed: “The Constitution is not a mere set of legal rules. It is a mirror of the soul of the nation.”

If that mirror is to reflect our society truthfully, our laws must be clear, accessible, wellresearched, and constantly evolving to meet the needs of our people.

I request that we all rise, whether in body or in spirit, and recite the Preamble to the Consitution of the Republic of South Africa.

„We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.

We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to

  • Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
  • Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
  • Improve the quality of life of all citizens and free the potential of each person; and
  • Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”

A Strategic Dialogue

This workshop builds on our initial meeting in April and seeks to take the next step: to position the SALRC as a globally recognised centre of excellence in legal research.
We want its work not only to transform the legal system but also to contribute meaningfully to government’s broader policy priorities.

Since its reconstitution in 1996, the Commission has produced an impressive body of work: 95 reports submitted to government, 103 discussion papers, 43 issue papers, and 30 consultation papers.

These outputs have helped to shape a democratic state whose laws give effect to our constitutional values.

They have earned the respect of both government and society for their quality, rigour, and independence.

Legal Reform in a Living Democracy

But we must not rest. In a country with a painful legacy of injustice and unjust laws, legal reform is not an academic exercise. It is the lifeblood of a living democracy.

It is about ensuring that human rights are protected and expanded, not eroded by outdated statutes.

Indeed, outdated laws are a dead weight upon society. Law reform must help us to make law an instrument of progress rather than a relic of the past.

It is about aligning our legal framework with the rapid social, technological, and global changes of our time.

In the words of the the American jurist Roscoe Pound’s often quoted maxim: “Law must be stable, and yet it cannot stand still.”

Looking to the Future: Indlulamithi Scenarios 2035

In this context, I wish to note with appreciation the forthcoming presentation of the Indlulamithi South Africa Scenarios 2035 by Ms Xolelwa Kashe-Katiya.

Scenario planning is an essential tool in helping us imagine possible futures—whether prosperous, precarious, or fractured—and to prepare accordingly.

The SALRC’s mandate to reform and modernise our laws must not only respond to today’s challenges, but must also anticipate the emerging social, technological, and geopolitical realities of tomorrow.

The Indlulamithi scenarios provide exactly that horizon-scanning lens, and I hope today’s dialogue will integrate these insights into our planning.

Indeed, as Peter Drucker said: “The best way to predict the future is to create it.” Two distinct yet related epochal trends that this workshop needs to grapple with are artificial intelligence and quantum computing.

Artificial intelligence (AI) is rapidly reshaping the legal landscape and poses both opportunities and challenges for law reform in South Africa.

On the one hand, AI offers tools for enhancing access to justice—through automated legal advice platforms, improved case management systems, predictive analytics to reduce backlogs, and data-driven policy evaluation.

On the other hand, AI raises profound regulatory and ethical questions: how to safeguard privacy, ensure algorithmic transparency, prevent discrimination, and balance efficiency with fairness.

Law reform must therefore anticipate and respond to this new frontier, developing a regulatory framework that promotes innovation while protecting constitutional rights. This requires both updating existing legislation—such as data protection, labour, and intellectual property laws—and considering new legal instruments to address AI accountability, liability, and governance.

In this way, law reform can ensure that AI strengthens rather than undermines the values of justice, equality, and human dignity.

As DDG Pillay will highlight shortly, legislative reform must be shaped not only by experts, but also by the voices of those most affected.

In this way, reform strengthens legitimacy and deepens democracy.

Positioning the SALRC for Impact

The review of the SALRC Act is therefore also timely. It will ensure that the Commission has the right legal framework and the institutional capacity to meet today’s challenges.

Benchmarking against international examples and forging stronger partnerships with academia, research institutions, and civil society will be critical.

The SALRC is not just a research body—it is one of the pillars that sustain our constitutional democracy: a guardian of justice, a catalyst for transformation, and a bridge between law and the lived realities for the people.

Linking to National Priorities

Later today, we will also hear from Mr Martin of DPME on the Medium-Term Development Plan (2024–2029).

I wish to stress that the SALRC has a direct and fundamental role in advancing our national priorities as set out by President Cyril Ramaphosa in the State of the Nation Address:

First, to drive inclusive growth and job creation by positioning equitable economic growth and employment as the apex priority.

Second, to reduce poverty and tackle the high cost of living by focusing on economic relief and improving living standards for South Africans.

Third, to build a capable, ethical, and developmental state — strengthening governance systems, enhancing state capacity, and ensuring responsible public service delivery.

The latter includes reforming and modernising the criminal justice system, strengthening the safety of women and children, or combating corruption and organised crime.
Indeed, every single one of the MTDP’s priorities can and, we would argue, must be, advanced by the work of the SALRC.

The July 2025 IPSOS “What Worries the World” survey shows that South Africans, like citizens globally, are deeply preoccupied with issues such as crime and violence, corruption, unemployment, inequality, and poor public services.

In fact, it shows that 74 percent of South Africans believe that our country is heading in the wrong direction.

The following are the areas of concern ranked in order of greatest concern:

  • Unemployment: 65%. Crime/violence: 60%. Corruption: 47%. Poverty/inequality: 32%.
  • Inflation: 22%. Health care: 13%. Immigration control: 12%. Climate change: 6%.
  • These anxieties have direct relevance for law reform.

When people lose faith in the ability of legal systems to curb corruption, deliver justice swiftly, or guarantee safety, the legitimacy of constitutional democracy itself is undermined.

Law reform therefore cannot be an abstract exercise; it must address these pressing public concerns by modernising the criminal justice framework, strengthening anticorruption measures, enhancing access to justice for vulnerable groups, and ensuring that socio-economic rights are given practical effect.

In this way, responsive and forward-looking law reform can help bridge the gap between constitutional promise and lived reality, restoring public trust and demonstrating that the law remains a vital tool for solving the problems that most worry South Africans.

If we succeed, we will be ensuring that our Constitution is honoured not just in word, but in deed.

Conclusion

Colleagues, today’s discussions must be about positioning the SALRC to play this important role and having greater visibility, credibility, and impact, both here in South Africa and internationally.

Let us seize this opportunity to strengthen one of the institutions that keeps our democracy vibrant, just, and responsive, while also equipping it to navigate the uncertain futures mapped out in the Indlulamithi scenarios.

I thank you.

#GovZAUpdates

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