Constitution Hill

~Jillian Tomaselli~

Inside the Constitutional Court in Johannesburg

Photo Credit Jillian Tomaselli

Within the first few days of our arrival in South Africa, I came across a postcard that was titled South Africa: A Land of Contrasts. For me, this became a dominant theme for the rest of the journey. I began to notice in each of our endeavors that Land of Contrasts is a most fitting name for South Africa. We experienced poverty and riches, past and future, urban cities next to untouched land, coexisting traditional customs and modern ideas, individuality and unity. This was especially evident on Constitution Hill, where the Constitutional Court stands as a symbol of the democracy that replaced apartheid, erected on the site of Johannesburgs worst prison. It is fitting that the site where so many wrongs were committed and human rights violated is now the site where these same rights will be protected and enforced. It is the symbol of triumph of the values of the new democracy over troubled history.

We began our tour of Constitution Hill by touring the preserved remains of the notorious Number 4 prison. It was extremely powerful to experience the conditions that prisoners would have faced through the remains, pictures and stories on display throughout the former prison. Prison guards went to extreme measures to ensure that prisoners were stripped not only of their freedom, but their dignity and humanity as well. I was shocked by the inhuman and undignified things these people were subjected to. Women were not provided with underwear or sanitary Isolation Cells in the Number 4 Prison
Photo Credit Jillian Tomaselli

items. Men had to eat at tables facing the

completely unscreened toilets. Prisoners were forced to strip and essentially stretch and dance in ridiculous manners in front of their peers to prove that they were not sneaking anything. The inhumanities committed at this prison went far past physical pain; the humiliation was aimed at hurting them mentally, and completely stripping them of any human dignity. I was struck by the truth and appropriateness of the words of Nelson Mandela displayed on a wall we passed while traveling throughout the site:

A nation should not be judged by how it treats its highest citizens, but its lowest ones and South Africa treated its imprisoned African citizens like animals.
Apartheid South Africa truly did treat its human prisoners as animals, and Constitution Hill was the site of some of the worst of it. This made it all the more striking when we concluded our tour of Constitution Hill with a walk into the Constitutional Court itself. We experienced the past, and then moved on to the present and the future. The Constitutional Court is the highest court in South Africa, responsible

for upholding the human dignity, equality, and freedom of which its citizens were previously stripped. However, the purposeful and significant placement of the court is such that the wrongs committed in South Africas troubled past will never be forgotten, and therefore will hopefully never be repeated. It is important to learn from the past, not to pretend that it never The eleven languages inscribed on the outside of the Constitutional Court
Photo Credit Jillian Tomaselli

happened. I was particularly struck by how the design of the building itself highlighted the contrasts which make up South Africa. The design symbolically incorporated the values of the new democracy and the juxtaposition of past and future, modern and traditional, diversity and unity. The fact that the court is placed on the site of the old prison is only the beginning. On the outside, the court is named in the eleven different official languages that South Africa has now adopted, Doors to the Constitutional Court
Photo Credit Jillian Tomaselli

symbolizing the celebrated diversity that is at the same time unified under one system. This is also

true on the inside, where the animal hides that decorate the tables of the justices represent

their individuality, diversity, and unified purpose. The justices themselves are symbolic of the progress in equality that South Africa has made. They are of differing races, genders, and sexual orientations. One has a physical disability and another is HIV positive. To go inside, visitors must pass through the elaborately carved wooden doors which depict the twenty-seven rights enshrined in the Bill of Rights. Inside, the slanting columns, slotted roof, and canopy of wire foliage are reminiscent of a clearing in a forest. This represents justice under a tree, a traditional African form of dispute resolution. It also demonstrates a sharp contrast between the man-made and natural environment, as well as between the traditional customs and modern ones that tie South Africas past to its future. Large windows of transparent glass throughout the foyer and in the courtroom itself represent that the court is not hiding anything; it is open to the people and invites all to participate in the new democracy.

Every aspect of the building is deliberately designed with symbolism which represents the courts commitment to their democratic values. They look to remember the past, and to celebrate their Slanting columns reminiscent of trees and large glass openings give the lobby of the Constitutional Court an indoor/outdoor feel
Photo Credit Jillian Tomaselli

diversity as a land of contrasts while still being a

country unified under their Bill of Rights. This court is a clear marker of South Africas transformation and commitment to change. This is, of course, evident in the work of the Court and not just the building itself. Our guide spoke of a trial which ended up setting a strong

precedent concerning gender equality. In one of the South African provinces, a king passed away leaving only a daughter. Traditionally, the male child would take over so the province would not let a woman rule. The daughter took the province to court, because they were violating her rights based on gender. She won the case, and became the first female leader in the province. This demonstrates the values that the design of the building is trying to convey. South Africa now respects diversity but with an overarching set of human rights and values.

For more information on South Africas Constitutional Court http://www.constitutionalcourt.org.za/site/home.htm