Phiwokuhle Xulu
March and March Tshwane Convener
By Phiwokuhle Xulu
March and March Tshwane Convener
Each year, South Africans have the opportunity to participate in the parliamentary process known as the Annual Constitutional Review.
This little-known mechanism allows citizens, civic movements, businesses, and institutions to propose changes to
the Constitution of the Republic of South Africa, 1996.
However, in practice, this process often feels distant from the communities most affected by the gapsin the Constitution.
It tends to be perceived as a symbolic gesture and an inaccessible formal requirement, rather than a genuine opportunity for the public to engage with the legal framework that governs their lives.
In a time of increasing constitutional contradictions and social pressures, this process has never been more essential.
From Tshwane’s overcrowded informal
settlements to hijacked buildings in Pretoria West, and the frustrated ward
councillors in Soshanguve, the city illustrates a broader national crisis.
This crisis goes beyond the strain on housing, services, and jobs; it highlights the growing disconnect between what the Constitution promises, and the reality faced by the people.
In the heart of Tshwane, the Executive Mayor has gained national attention for her bold moral and administrative stance on illegal immigration.
She has addressed the overwhelming pressure on local clinics, schools, and housing lists, directing officials to prioritize lawful South African residents.
She has visited hijacked buildings
and publicly called for action from national departments.
Yet, despite her clear intentions, Dr. Moya often encounters frustration due to a lack of legislative authority.
The Constitution assigns immigration and policing responsibilities to the national government, particularly in Sections 41, 205, and 209.
This means that even when local governments wish to act, they are legally restricted from doing so.
The Annual Constitutional Review offers the only avenue through which these imbalances can be addressed democratically.
Communities can submit their concerns, leaders can propose amendments, and civil society can advocate for laws that empower local governments to enforce the law and protect their residents.
Without necessary reforms, dedicated leaders may find themselves powerless, their noble intentions thwarted.
The recent actions in KwaZulu-Natal demonstrate the challenges of addressing
criminal networks that exploit undocumented migration.
What initially began as a coordinated provincial intervention could easily be undermined or obstructed by legal technicalities.
The rights of undocumented individuals, even when associated with drug syndicates or property hijackings, are frequently upheld by court decisions that interpret the Constitution strictly.
This is not a call for the abolition of rights; rather, it is a call for clarity.
The Constitution should distinguish
between rights that apply to all human beings and those that are specific to lawful residency, citizenship, or compliance with state obligations.
This distinction is not xenophobic; it is essential for maintaining a democratic state.
In Tshwane, the consequences of illegal immigration are not ideological; they are tangible.
At Kalafong Hospital, South Africans have been lining up from dawn only
to be turned away by lunchtime.
Recently, residents blocked undocumented
immigrants from receiving healthcare at the facility, while the Zimbabwean
government facilitated the transportation of a seriously ill documented South African worker back to her home country to seek assistance.
In Mamelodi, housing lists are overlooked as landlords rent to undocumented foreign nationals in cash
transactions that evade municipal records.
In Johannesburg, a property intended
to protect vulnerable individuals ended up being the site of a tragedy that
claimed the lives of over 70 children and adults due to the greed of both foreign nationals and South Africans, who failed to recognize the consequences of their actions.
In areas such as Marabastad, organized crime and informal economies thrive beyond any state’s ability to monitor.
When a mayor or community tries to act, the law is often used against them. This is not justice; it is legal obstruction disguised as rights-based governance.
What South Africans desire—and what the Annual Constitutional Review could help achieve is a system where laws are both equitable and effective.
A system wheremunicipalities are granted concurrent powers to act, where the police can enforce the Immigration Act without being accused of discrimination, and where the Constitution serves as a framework for justice rather than an excuse for disorder.
The March Movement in Gauteng is taking this year’s review seriously.
It aims to collect 100 submissions from a diverse range of residents, including those living in hostels and informal settlements, informal traders, Spaza shop owners, students, churches, businesses, and victims of service failures.
These submissions go beyond mere complaints; they propose specific changes to various sections of the law,
such as Sections 9(2), 23(1), 26, 27(1)(f), 205, and others.
Each submission tells a personal story about how the law, in its current form, is failing to protect the very people it was designed to uplift.
To ensure that the Constitution remains the supreme law of the Republic, it must
also be responsive to the needs of the people.
This approach is not a threat to
constitutionalism; rather, it is the only way to preserve it. Now is the time for Parliament to listen—not just to lawyers and lobbyists, but to mothers in Pretoria West, students in Hammanskraal, traders in Mabopane, and leaders like Dr. Moya.
The deadline for public submissions is approaching quickly, and every voice
matters.
South Africans are invited to contribute in various ways—whether through a voice note, a written paragraph, or a short video—to help ensure that the law
serves the people effectively.
You can make your submission to March and March by contacting 063 090 6114 or by emailing your contribution to
tshmarchandmarch@hotmail.com before the deadline on May 17, 2025.
It’s important that the law not only looks good on paper but also protects the people who live under it.
We will march until we win.