Former chief justice Ismail Mahomed once observed: “The constitution is not a mere set of legal rules. It is a mirror of the soul of the nation.”
If that mirror is to reflect our society truthfully, then our laws must be clear, accessible and responsive to the needs of the people.
In a constitutional democracy such as ours, the quality of our laws is not just a technical issue — it is a moral one. Every new law must answer three questions: What is its purpose? What change does it seek to bring about? Whose lives will it improve?
Law reform is not a luxury; it is essential to dignity, equality and progress
Laws that fail to protect the vulnerable or do not reflect the lived realities of our people do more than fall short — they actively undermine the rule of law and erode the sense that all are equal before it.
As Edmund Burke warned: “Bad laws are the worst sort of tyranny.” Unjust laws do not simply fail the test of legality; they oppress by compelling compliance with rules that do not serve society’s needs.
Outdated or inaccessible legislation weakens public trust and eats away at the very principles our constitution was designed to defend. Laws must evolve with the times. Law reform, therefore, is not a luxury; it is essential to dignity, equality and progress.
At a time when South Africa is grappling with unemployment, poverty and inequality, one institution plays a pivotal role in ensuring our legal framework keeps pace with change: the South African Law Reform Commission (SALRC).
Through research across all branches of law, the SALRC makes recommendations to the government for the development, improvement, modernisation and reform of the law.
At a recent SALRC workshop, legal experts, academics, officials and civil society leaders delivered a clear message: law reform is urgent.
Since its reconstitution in 1996, the SALRC has produced a formidable body of work — 95 reports to the government, 103 discussion papers, 43 issue papers and 30 consultation papers.
These outputs have shaped legislation that strengthens democracy, protects human rights and advances the constitutional values of equality, justice and human dignity.
Yet law reform cannot only respond to today’s problems; it must anticipate tomorrow’s. Emerging technologies such as AI and quantum computing are already reshaping the legal landscape. AI offers opportunities to improve access to justice, streamline case management and enable evidence-based policymaking.
But it also raises pressing questions about privacy, accountability, and fairness. The SALRC is working to ensure our laws keep pace — updating existing frameworks and crafting new protections so that innovation advances without undermining rights.
We are positioning the SALRC to strengthen collaboration and partnerships — both domestically and internationally — with academia, research institutions and civil society. By drawing on local and global expertise in our law reform processes, we can develop modern legal frameworks that integrate international best practices while remaining firmly grounded in South Africa’s unique constitutional and socioeconomic context.
The SALRC’s efforts are aligned with the government’s medium-term development plan (2024—2029), which prioritises:
- inclusive growth;
- job creation;
- poverty reduction; and
- building a capable, ethical and developmental state.
By providing rigorous research and analysis, the SALRC ensures that legislation underpins these national objectives.
The urgency of this work is underscored by the July 2025 Ipsos “What Worries the World” survey, which found that 74% of South Africans believe the country is heading in the wrong direction. Their top concerns — unemployment (65%), crime and violence (60%), corruption (47%) and poverty and inequality (32%) — are not abstract. They are daily realities. And unless our legal system responds to them, the legitimacy of our democracy is at risk.
As Peter Drucker said, “the best way to predict the future is to create it”. By strengthening the SALRC, we create a future in which laws reflect the soul of our nation and respond to the challenges of our time.
By reforming our laws, we reaffirm our commitment to justice, equality and human dignity. Law reform is how we ensure that our constitution’s promise remains alive: a living document reflected in laws that serve society’s evolving needs.
• Nel is deputy minister of justice & constitutional development
For opinion and analysis consideration, e-mail Opinions@timeslive.co.za
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