Building Upon the Past Tour of South Africa's Constitutional Court

~Hannah Walker~ South Africa's Constitutional Courtthe equivalent to the United States' Supreme Court is located on what could be considered sacred land. The site of the former Number Four prison during apartheid, this court represents a connection of past and present. Told that it was built out of bricks from the holding cell where Constitutional Court inscribed with the eleven official languages Courtesy Photo / Nancy Lory

many political prisoners were held before going to trial, today's visitors cannot help but make the connection of building upon past mistakes. The court itself is impressive, with huge wooden entry doors inscribed with the country's Bill of Rights in all eleven official languages. As a student who had studied South Africa and its history all semester, I found it was an intense experience being at the place that symbolized the new democracy of the country. During our visit we toured the grounds and cells of the former prison and learned about some of the atrocities that occurred there. As was standard in South Africa there was a section for Blacks and a section for Whites, with drastically different living conditions for the two. The prison also had separate sections for women and men and for political prisoners and nonpolitical prisoners. How race and gender intersected in the lives of these prisoners, in the context of a White supremacy patriarchy, is apparent in how Black and White women were treated in the prison system. According to a display, Black women were required to remove their underwear and shoes upon arrivingthey were not issued new ones. When the women were menstruating they were issued three padslong-term prisoners were given pads

Section for Male Prisoners ~ Courtesy Photo / N. Lory

with loops to attach to their clothing, short-term prisoners were given pads without loops. The guards sole intent in denying Black women their dignity was to reinforce the guards' superiority and the prisoners' lack of a perceived humanity. As I stood there reading this display I could only feel the humiliation the women must have felt. To be denied the right to cover oneself, to experience

menstruation how one desiresa deeply personal aspect of women's liveswas essentially to refuse

these women everything. If the guards did not respect the women's demands for privacy in something that personal, how could they respect their demands for anything? Despite the utter disregard for their humanity many women went on to continue the struggle against apartheid after their release. According to an interview in Lives of Courage: Women for the New South Africa Winnie Mandela, exwife of Nelson Mandela, was once a prisoner at Number Four Prison (Russell). As was clear from the different ways Blacks and Whites were treated, the judicial system only served the interests of White citizens. Since Blacks, Coloureds, and Indians were not allowed to serve on juries these racial groups were never tried by their peers. The new South African Bill of Rights has been internationally recognized as being progressive in guaranteeing the protection of human rights such as healthcare and access to education, as well as including anti-discrimination laws on the basis of race, gender, sexual orientation, age, and pregnancy. The country is struggling with many of the issues facing a growing democracybridging the gap between extreme poverty and wealth, enforcing its goals to protect human rights as laid out in the Bill of Rights, and encouraging electoral participation in its younger citizens. However, considerable progress has been made since apartheid. Education is now available to all childrenalthough most historically Black institutions are still desperately lagging behind advances made by historically White institutions. South Africa has also managed to build a growing private sector, one that recognizes the benefits of a fully participatory base and as such encourages Black leadership (Ramphele, Laying Ghosts to Rest). Entry doors inscribed with Bill of Rights Courtesy Photo / Nancy Lory

The Number Four prison, once the site of terror and political persecution, now stands in the shadow of the Constitutional Court, where legal precedents are decided and human rights are maintained. Although the country must remain watchful of the large contrasts that occur between policy and practice, the sound grounding of its judicial system will hopefully continue to provide stability and structure to South Africa. May 16, 2011