By Rachel Hatcher
[This is the sixth post in the Learning and unlearning history in South Africa’s public spaces series.]
Located in the heart of the larger Johannesburg metropolitan area, South Africa’s Constitutional Court is the ingenious and deeply moving physical manifestation of what post-apartheid South Africa was supposed to be like. As renewed student protests demanding that #FeesMustFall and the militarized response to them reveal more and more each day, however, it is not what post-apartheid South Africa actually is like.
The Constitutional Court as an institution was founded in 1994 by the 1993 interim Constitution, which was then superseded by the final Constitution in 1996. The building was officially inaugurated with much fanfare in 2004.
The Court is located on the site of what had been the notorious high security men’s prison, where Mahatma Gandhi, Albert Luthuli, Joe Slovo, Nelson Mandela, and many others were once interned. The prison closed in 1983. The equally notorious but far less known women’s prison, where Winnie Madikizela-Mandela, Albertina Sisulu, and Fatima Meer were imprisoned, is located a stone’s throw away.
The men’s prison’s notoriety is certainly due to the names of those who passed through its gates, but also to the dehumanizing and torturous treatment political prisoners, especially, received there, as in other prisons in apartheid-era South Africa.
When the site was chosen to be the home of the new Constitutional Court, rather than raze the building and erase it from the cityscape entirely, it was decided to incorporate parts of the old prison into the new court building and so leave a very visible reminder of the past—its pain and injustices—in the present. Thus, the bases of several stairwells in the Awaiting Trial Block were left standing (photo 1). The voices of former detainees can be heard narrating their experiences in great detail from loudspeakers attached to one of the stairwells. Continue reading