The Spectacle of Post-Apartheid Constitutionalism

Abstract

In this paper, I reflect on constitutionalism, law and politics in the reconstruction of the South African state. I identify two possible approaches to the constitution: monumental and memorial constitutionalism. A monumental approach is connected to Njabulo Ndebele’s critique on spectacle and a memorial approach to his call for a rediscovery of the ordinary. Two artworks, William Kentridge’s Black Box and Judith Mason’s Blue Dress, as well as a novel by Njabulo Ndebele, are employed to comment on post-apartheid law and politics. I aim to problematise approaches to law as monument and spectacle by calling for the memorial, the ordinary and ‘social reconciliation’. However, I conclude — taking the limits of the law (constitutionalism and human rights) into account — that the latter should also be critically considered.

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