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In a time when South Africa continues to wrestle with the complexity of cultural diversity, legal pluralism, and constitutional interpretation, seasoned legal mind and theologian Dr Keith Vernon Matthee is contributing a deeply personal and academically rigorous perspective to the national conversation.

A senior advocate and theologian, Dr Matthee recently completed a Doctor of Laws (LLD) degree in Constitutional Law and Philosophy of Law at the University of the Free State (UFS). His research delved into the ideological undercurrents shaping Constitutional Court jurisprudence and how these might affect the broader social fabric in a pluralistic democracy.

Interpreting SA’s Bill of Rights

His thesis, titled ‘Subjective Strands in the Jurisprudence of the Constitutional Court and Related Implications for Civil Society’, critically examines how personal ideologies, particularly Western secular liberal thought, might influence the interpretation of the Bill of Rights in ways that risk marginalising other worldviews.

“I started realising that the Constitutional Court justices, while working with the Bill of Rights, were also bringing their own personal stories and viewpoints into judgments,” he said. “Often, those viewpoints reflected Western secular liberal thought rather than African jurisprudence, especially on morally profound issues.”

Call for ‘legal reflection’

Dr Matthee’s work is not simply a critique; it is a call for inclusive legal reflection that embraces the full spectrum of South African identities. “I’m hoping those who read my thesis will consider how current interpretations might be taking us down a path that isn’t rooted in African legal traditions,” he said.

In his thesis, Dr Matthee examines selected Constitutional Court judgments to identify what he argues are “subjective strands” within the court’s reasoning. His central argument is that these subjective elements, especially those reflecting Western secular liberalism, may unintentionally sideline broader cultural and religious worldviews, particularly those common in sub-Saharan Africa.

He frames this as a concern for societal direction. “Decisions on moral issues are moving us toward a societal framework that may be out of step with traditional African values – values that often align more closely with scriptural teachings on marriage, family, and the reverence for human life from conception to old age,” he says.

His research connects this critique to contemporary policy debates. “South African law currently allows for the termination of unborn life, while most sub-Saharan countries do not,” he reflects. “At the other end of life, my wife and I have cared for her 95-year-old mother with dementia for three years. To us, both lives – at the beginning and end – deserve equal reverence.”

Challenging ideological frameworks

One of the thesis’s key contributions is the challenge it presents to dominant interpretive frameworks. Dr Matthee proposes that the Constitution’s Bill of Rights can be interpreted through different cultural lenses, and that doing so could create a more inclusive and participatory legal framework. “When the justices interpret terms like ‘freedom,’ ‘equality,’ and ‘dignity,’ they are often doing so through a specific ideological framework. That excludes many South Africans who don’t share those views.”

Instead, he offers a broader vision for jurisprudence – one that could accommodate different cultural and religious convictions within the same democratic framework. “Ubuntu in South Africa can – and should – reflect all of us: black, white, coloured, Indian; Christian and non-Christian; African traditional and otherwise.”

Supervisory reflections

His supervisor, Prof Shaun de Freitas, commended the work for its academic integrity and potential societal impact. “Besides his committed work ethic, his constant friendliness, positive attitude, and availability when discussing study matters will be difficult to forget,” Prof De Freitas said. He believes the thesis offers a timely reminder that “all South Africans should have the freedom, including cultural and religious groups, to construct and give expression to their views… This epitomises the advancement of diversity and tolerance in any society that prides itself on being a democracy.”