Article 10 in everyday practice: national values are not just words

It is easy to read Article 10 of the Constitution as a statement of hope. It is better read as a set of standards that bind public officers and shape how courts interpret the law.

What Article 10 says

Article 10(1) says the national values and principles of governance bind all State organs, State officers, public officers and all persons whenever they apply or interpret the Constitution, enact, apply or interpret any law, or make or implement public policy decisions.

Article 10(2) lists them:

• Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people.
• Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised.
• Good governance, integrity, transparency and accountability.
• Sustainable development.

Why a lawyer should care

A value that binds every public decision is also a ground on which to challenge it.

Courts have been asked to consider Article 10 when reviewing appointments, public procurement, policies and legislation. A petitioner who can show that a decision ignored public participation, or lacked transparency, may have a constitutional claim in addition to an administrative law claim.

Using it well

1. Pair it with a specific provision. Article 10 works best alongside a more precise Article or statute. Cite both.
2. Show the link. Explain which value was affected and how the facts demonstrate it.
3. Use it to interpret. Article 259 directs that the Constitution be interpreted in a way that promotes its purposes, values and principles. Article 10 helps to fill in what those are.
4. Avoid overstatement. A court will not set aside a decision merely because it dislikes it. Show a real departure from the standard.

A discipline for practice

Before you advise a public body, ask four questions: Was the public involved where required? Is the decision reasoned and open to scrutiny? Does it treat people equally? Who is accountable for it?

If the honest answer to any of them is "no", a challenge may be coming.

This article is general commentary and does not replace reading the current text of the Constitution and recent decisions.

Cover photo by Albert Stoynov on Unsplash.