Keynote Address by the Deputy Minister of Justice and Constitutional Development,
the Hon Andries Nel, MP,
at the Expert Symposium on Social Justice, Hunger and the Constitution,
hosted by the Centre for Social Justice of the University of Stellenbosch,
held at Bertha Retreat, Franschhoek,
5 September 2024
Programme Director, Prof Madonsela,
Prof Linus Opara,
Prof Jonathan Jansen,
Distinguished guests and friends,
Fellow advocates for social justice,
It is indeed an honour and a privilege to address you today at this crucial symposium, where we convene to explore the intersection of hunger, human rights, and the law in South Africa.
Hunger is not just a matter of physical deprivation; it is a profound social injustice and a violation of human dignity.
In South Africa, a country that has made significant strides in establishing a progressive constitutional democracy, the persistence of hunger challenges our commitment to social justice, equality, and human rights.
At this symposium we will delve into the legal frameworks and constitutional protections designed to eradicate hunger and assess the alignment, or lack thereof, between these frameworks and the policies intended to give them life.
We have made enormous strides in our country when it comes to the realisation of human rights – not only in terms of political and civil rights, but also in terms of socio-economic rights.
And we need both. As the late President Nelson Mandela once said - “Freedom is meaningless if people cannot put food in their stomachs.”
While hunger may affect any social group, anywhere, due to food security disruption, data available shows a strong correlation between hunger, inequality, and poverty.
In an opinion editorial I read in the Daily Maverick in March this year, the author stated that up to 20 million South Africans are severely food insecure, with millions of children going to bed hungry each night. Some 27% of our children under the age of five suffer from malnutrition, stunting and wasting, yet every year, 7-10 million tonnes of edible food are wasted.
When South Africa appeared before the UN Committee on the International Covenant on Economic Social and Cultural Rights in Geneva at the end of 2018, the Committee remarked that it was concerned about the high incidence of food insecurity and malnutrition in our country, particularly among children.
Despite being one of the most economically advanced nations in Africa, South Africa struggles with stark disparities in wealth. Poverty, inequality and unemployment further exacerbate the vicious cycle of hunger and food insecurity.
We must not be blind to the far-reaching impact of food insecurity. Food insecurity is not merely about hunger; it is about dignity, health and quality of life. It affects millions of individuals, particularly children, the elderly, and marginalized communities.
The Preamble of our Constitution speaks about freeing the potential of each person – we cannot do so if people are hungry.
Inadequate access to nutritious food leads to long-term health issues, it perpetuates cycles of poverty and limits the potential of a nation to thrive.
As you know, our Constitution – often hailed as one of the most progressive in the world - explicitly recognises the right to food as a fundamental human right. Section 27(1)(b) of the Constitution provides that "everyone has the right to have access to sufficient food and water."
For children, this right is further emphasized in Section 28(1)(c), which guarantees "basic nutrition, shelter, basic health care services, and social services."
We all recall the famous words of the late Chief Justice Pius Langa who once, not far from here, in Stellenbosch, spoke about the transformative nature of our Constitution and said that the Constitution obliges us to change, to do things differently, to do better.
The provisions in the Bill of Rights are not mere aspirational statements; they impose a binding obligation on the state to "respect, protect, promote, and fulfil" the right to food, as affirmed by the North Gauteng High Court in the Equal Education v Department of Basic Education case.
The Constitutional Court, in the landmark Grootboom case, further established that the right to food is inextricably linked to the broader constitutional commitment to social justice and equality.
However, despite these robust legal protections, the reality on the ground tells a different story.
This is what we sometimes refer to as the “implementation gap” – where we have legislation and policies in place, but somehow, when it comes to implementation and to the daily lived experiences of people, we are not seeing the desired results.
Statistics South Africa reported in 2021 that nearly 20% of households experience inadequate or severely inadequate access to food. The COVID-19 pandemic has only exacerbated these challenges, with unemployment, poverty, and food insecurity rising sharply during and after the lockdowns.
When it comes to the right to food, there is a dissonance between our constitutional commitments and the lived reality of people in their daily lives.
The persistence of hunger compels us to find out exactly why.
Is it a matter of insufficient resources, or is it the misallocation of these resources?
Are our policies not far-reaching enough, or is it on implementation specifically where it falls short?
Are we looking at a multi-faceted problem through a single-faceted lens?
Despite the challenges, there are areas where policy synergies can be identified and strengthened. The integration of the right to food into broader social justice frameworks, such as the Sustainable Development Goals and the African Union’s Agenda 2063, offers a pathway to more coherent and effective interventions.
SDG 2, which aims to end hunger, achieve food security, and promote sustainable agriculture, aligns closely with our own constitutional obligations.
By fostering stronger partnerships between government, civil society, and the private sector, and by leveraging innovative technologies and approaches, we can enhance the impact of our policies.
For example, data-driven approaches can help us better understand where food insecurity is most acute and guide the type of interventions which would be most effective.
Our courts have been fundamental in the development of our human rights jurisprudence and in guiding government to adopt a rights-based approach. They have been instrumental in advancing social justice through the enforcement of socio-economic rights.
The judiciary has a critical role to play in ensuring that the right to food is realized. However, litigation is not a panacea. We must explore how legal activism, supported by robust policy advocacy and public participation, can drive systemic change.
Partnerships between government and civil society have proven to be fundamental in bringing about social justice. As we engage in our discussions today, let us remember that the right to food is not just a legal obligation, but a moral and constitutional imperative.
Hunger in a country as resource-rich as South Africa is unacceptable, and it is within our power to end it.
We must harness the full potential of our legal frameworks, address the dissonances in our policies, and create synergies that will propel us towards a future where no person goes hungry.
On a more personal and human note, just think for a moment of how many of our own stories and experiences – as individuals, as communities and as a nation – involve or are centred around food, or lack thereof. History shows that countries have used a lack of food and starvation as tools of war.
How much of our cultural identify and social cohesion is dependent on the role of food and the right to food and how often do we take the right to food for granted.
I was reminded once again of an article I read some time ago. It was an interview with former Deputy Chief Justice Dikgang Moseneke and in the article he speaks of the time when he was imprisoned on Robben Island and he says that his strongest memories of Robben Island involve his near constant state of hunger.
The article tells the story of how, horrified by the sight of her emaciated son during her first visit, his mother, Mrs Karabo Moseneke, persuaded a prison warder to let her give the then teenage Dikgang Moseneke a foil-wrapped roast chicken on her second visit.
In the article it talks about how his face lit up when he speaks about that chicken, which, he says, “was browned up and lovely”. He devoured it, his mother said, “bones and all”.
Imagine being in that constant state of perpetual hunger today – not because one is in a physical prison, but because one is trapped in a prison of poverty.
Programme Director,
Addressing this challenge of hunger and food insecurity requires a multifaceted approach and it is a challenge which we can overcome.
We need sustainable agricultural practices. We need to take adequate steps to mitigate the effects of climate change and to ensure that our food distribution systems are efficient.
Tackling the challenge of food insecurity involves engaging with communities and empowering them by way of interventions such as education on nutrition, support for local food initiatives and community-driven projects.
We have the tools, the knowledge and the resources to combat this issue.
Let us remember that the right to food is not a privilege but a fundamental human right.
Every person deserves the opportunity to live a healthy and productive life. By addressing food insecurity, we not only uphold this constitutional right, but we also strengthen the fabric of our society and we build a better South Africa.
Let us commit to leaving this symposium with a renewed sense of purpose and actionable strategies to make the right to food a reality for all.
I thank you.