Shaping Democracy: Thandiwe Matthews on Law, Justice, and Freedom
- Wits University
Academic and lawyer reflects on career-shaping events and the impact of participating in a newly published Compendium of Judgments of Justice Albie Sachs.
April is recognised as Freedom Month in South Africa and provides an opportunity to deliberate on the state of democracy and governance in the country. Consequently, this profile shines the spotlight on Witsies who are at the forefront of shaping our democracy.
Thandiwe Matthews is a Lecturer in Human Rights, Law and Development Studies at the Wits School of Governance, and an admitted attorney of the High Court of South Africa. A dynamic interdisciplinary scholar and practitioner, she is currently finalising her PhD exploring the role of constitutionalism, socio-economic rights and social policy to address systemic inequalities in South Africa. She forms part of a novel joint doctoral programme between the Wits Law School under the NRF Research Chair in Law, Equality and Social Justice, currently chaired by Prof. Cathi Albertyn; and the International Institute of Social Studies of Erasmus University Rotterdam, based in The Hague, Netherlands.
She was recently in dialogue with former Justice Albie Sachs on seminal Constitutional Court judgments, available at Compendium of Judgments – The Albie Collection and is co-author of a bilingual children’s book in English and isiZulu, titled Her Story: Daughters of Modjadji, focusing on 30 remarkable South African women, including Wits Chancellor Dr Judy Dlamini, centred on affirmation, identity, gender and mental health. Matthews is also a 2014 Mail & Guardian’s Top 200 Young South Africans.
Wits Communications had a chat with Matthews.
Can you tell us about your early years, where you grew up and how your upbringing shaped your worldview?
I was born in Cape Town to parents and close family members who were actively involved in the establishment of South Africa’s broad mass democratic movement. My paternal grandfather, James Matthews, co-authored the first anthology of poetry to be banned by the apartheid state. In 2004, he was awarded the prestigious Presidential Order of Ikhamanga for his contribution to journalism and literature. My maternal uncle, Dr Aadil Moerat, was one of the first UCT medical students detained in the 1980s for his anti-apartheid activism. These early childhood experiences significantly shaped my worldview toward justice and freedom.
Were there any defining moments in your life that influenced your decision to pursue the work you do?
As a child, my parents, grandparents, family members and our broader community strongly encouraged critical debate. They believed that children were independent thinkers, emboldened with human rights and dignity, and that their opinion of the world mattered. My parents also ensured that I participated in activities hosted by the children’s rights group, Molo Songololo, and shortly after South Africa transitioned to democracy, I formed part of a group of children from all backgrounds that produced a cassette tape ‘Rap against Racism’. My vivid recollection of the euphoria surrounding South Africa’s first democratic elections and successful negotiation of a revered Constitution, inspired me to pursue a career as an attorney, practitioner and academic in the field of human rights and social justice.
Who were your biggest inspirations or mentors, and how did they impact your path?
Our law and human right landscape is legendary. Over the course of my career and as a law student, I have had the immense privilege of engaging with luminaries of the Constitutional Court, including Justices Yvonne Mokgoro, Kate O’Regan, Albie Sachs and Dikgang Moseneke, whose personal journeys have been deeply inspiring. As a legal academic, I have been inspired by the work of many former and current Witsies, including Dr Jackie Dugard, Prof. Cathi Albertyn, Prof. Shireen Hassim, Prof. Boni Meyersfeld, Prof. Tshepo Madlingozi and Prof. Christopher Gevers, and Prof. Penny Andrews who was the former Dean of UCT’s Law School. They have all been incredible mentors who have played a significant role in shaping my understanding of the law and the South African Constitution as a powerful tool in the pursuit of progressive social change for those who remain on the margins of our society. Drawing on their knowledge, I have had the opportunity to present my own work on human rights, constitutionalism and democracy at various international conferences in Senegal, China, Canada, the United States, Portugal, The Netherlands, Denmark, Norway and South Africa.
What motivated you to work on the compendium and what is unique about it?
Spending five days with esteemed Justice Albie Sachs at his home engaged in critical dialogue on the origins of the South African Constitution and core judgements that have laid the foundation of our democratic dispensation has been an immense privilege - a standout highlight of my career. The compendium of 65 judgments emanating from the first Bench of our apex Constitutional Court is unique in that it brings together the various elements that make up the totality of Justice Sachs as a person beyond his love of the law and justice, but also his love of life, literature and art, and the cultural diversity that is so unique to our country. He speaks to the context that shaped judicial outcomes and provides an inside account of how these decisions were deliberated between the first Justices who came from diverse legal, ideological and cultural backgrounds; yet were able to find consensus amongst each other on highly contentious issues that tested our nascent democracy at the time. He reminds us of the special quality we have as South Africans to engage in rigorous dialogue and our deep belief that we can overcome the barriers that limit us in experiencing the fullness of our humanity. Our intergenerational conversations will appeal to lawyers and non-lawyers, academics and practitioners, teachers and students, and everyone who is interested in understanding the miracle that birthed our constitutional democracy.
April marks Freedom Month in SA, what does freedom mean to you personally?
I remain deeply inspired by the vision embodied in the South African Constitution to advance a society imbued with the values of dignity, equality and social justice for everyone, everywhere. As a woman, I am eternally grateful for the sacrifices that were made by the generations of women who laid the foundation for me to live my life freely and on my own terms, which I sometimes take for granted. I form part of the first generation of women that can independently own property, apply for a bank loan, claim my reproductive rights, drive a car, and aspire to positions of leadership in business and politics. My life is vastly different to that of my mother and grandmother, and for their generations’ commitment to my freedom, I am eternally grateful.
What message would you like to pass on to young South Africans about freedom and opportunity?
We live in a world where our democratic freedoms are under constant attack. Although South Africa remains one of the most unequal countries in the world, situated on the world’s most youthful continent, where young people continue to confront numerous barriers to employment, relentless cycles of poverty, climate injustice and extreme forms of violence, South Africa’s unequal reality is not unique. It is in these moments when we can turn to Judge Albie’s work to remind us of why we should remain committed to achieving the vision articulated in our democratic Constitution. As he reminds us,
the first constitution in the world to expressly constitutionalise the right to a clean environment. It was the first constitution in the world to include sexual orientation in the list of forbidden grounds of unlawful discrimination. Disability, gender, sexual orientation, race, language, culture, birth, marital status — all included. It included very strong rights against gender-based violence, not in a clause of rights for women, but under freedom in the Freedom Clause. It included rights to make decisions on reproduction as a right to freedom. A very progressive constitution in many different ways.
We therefore have the power to ensure that we are able to live in a society where all of us can have access to equal opportunities to live our lives in dignity that we all deserve.
What changes or developments do you hope to see in South Africa’s academic and social landscape in the next decade?
I would ultimately like to live in a society free of violence, poverty and extreme inequality; where we can all be authentically ourselves in pursuit of our dreams. We have much to learn through intergenerational and intercultural knowledge production, and which can ultimately transform our social landscape. South Africa hosting this year’s G20 presents a unique opportunity to foster the development of strong institutions of democratic governance, inclusive participation, and south-south collaboration to combat the disproportionate impact that globalised political and economic inequalities, regional conflict and climate change have on the southern state’s ability to deliver essential services to their majority vulnerable populations. I think that academia plays a crucial role in facilitating that vision.
On a personal level, how do you manage your professional and personal demands?
I am blessed to be surrounded by incredible family and friends that have encouraged me to chase my dreams, and to also take breaks to take care of my mental health when life becomes a bit overwhelming. That being said, I am immensely grateful for the privileges I have been afforded that has allowed me to experience my career with many colourful contours.