Malcolm Rivera
The Interim Constitution of South Africa was a transitional constitution enacted in 1993 to provide a framework for the country's government until a permanent constitution could be drafted and enacted. The interim constitution was negotiated and drafted by the Multi-Party Negotiating Process (MPNP), which consisted of 26 political parties, and came into force on April 27, 1994. It included 34 constitutional principles that the final constitution was required to comply with, such as multi-party democracy, universal adult suffrage, non-racism, and the protection of fundamental rights and freedoms. The interim constitution played a crucial role in South Africa's transition to a democratic government, setting the stage for the country's current constitution, the Constitution of the Republic of South Africa, 1996.
| Characteristics | Values |
|---|---|
| Date of enactment | 27 April 1994 |
| Date of signing | 17 November 1993 |
| Date of adoption deadline | 9 May 1996 |
| Date of draft release | 22 November 1995 |
| Number of constitutional principles | 34 |
| Legislative body | Tricameral Parliament |
| Legislative body characteristics | White-dominated |
| Legislative body vote tally | 247 to 45 |
| Legislative body vote date | 22 December 1993 |
| Legislative body type | Multi-Party Negotiating Process (MPNP) |
| Number of parties in the legislative body | 26 |
| Number of amendments | 18 |
| Date of commencement | 4 February 1997 |
| Date of promulgation | 18 December 1996 |
| Date of first session of CODESA | 20 and 21 December |
| Number of political groups at the first session of CODESA | 19 |
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What You'll Learn
The Multi-Party Negotiating Process (MPNP)
The CODESA negotiations began in December 1991 and were marked by disputes between the African National Congress (ANC) and the governing National Party (NP). The ANC insisted on a democratically elected constituent assembly to draft the constitution, while the NP feared that minority rights would not be protected in such a process and proposed a multi-party forum and a referendum. Despite efforts, including the formation of working groups, the CODESA talks broke down in May 1992, setting the stage for the MPNP.
The MPNP negotiations commenced in April 1993, with the parties returning to the negotiating table. A committee within the MPNP proposed the formulation of "constitutional principles" to safeguard fundamental freedoms, protect minority rights, and guide the final constitution. This proposal was adopted, and the parties involved in the MPNP worked together to draft the Interim Constitution. The process was not without challenges, with some parties rejecting the negotiations and demanding a summit of select leaders. However, on November 18, 1993, the Negotiating Council adopted a comprehensive package agreement, which included the interim constitution and an electoral act, laying the groundwork for South Africa's democratic transition.
The Interim Constitution, enacted by the apartheid-era Tricameral Parliament, came into force on April 27, 1994. It contained 34 constitutional principles that the new constitution had to comply with. These principles encompassed multi-party democracy, universal adult suffrage, the supremacy of the constitution, a quasi-federal system, non-racism, non-sexism, protection of fundamental rights and freedoms, equality before the law, separation of powers, and recognition of linguistic and cultural diversity. The Interim Constitution served as a bridge, providing a legal framework for the transitional institutions until it was repealed and replaced by the current Constitution of the Republic of South Africa, which came into effect on February 4, 1997.
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The Convention for a Democratic South Africa (CODESA)
The African National Congress (ANC), the National Party (NP), and more than a dozen other parties participated in the negotiations. However, some parties refused to attend, including the Azanian People's Organisation, the Pan-Africanist Congress, and the Conservative Party. The Inkatha Freedom Party left the talks after they began because the Zulu king did not get full rights to negotiate.
There were two rounds of talks, called CODESA I and CODESA II. CODESA I was held in Johannesburg in December 1991, and CODESA II was held in May 1992. However, by the end of the second meeting, the parties had failed to agree on two key issues: the kind of interim government South Africa should have and the new constitution. Despite these disagreements, the negotiations laid the foundation for future talks, and the participants remained committed to the process.
The ANC and NP had differing views on the constitution-making process. The ANC insisted that the constitution should be drawn up by a democratically elected constituent assembly, while the NP feared that the rights of minorities would not be protected in such a process and proposed that the constitution be negotiated by consensus between the parties and then put to a referendum. A compromise was reached, whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draft the permanent constitution. However, the CODESA negotiations broke down after the second plenary session in May 1992 due to disputes over the supermajority requirement for adopting the constitution.
Despite the setbacks, negotiations resumed in April 1993 with the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed a set of "constitutional principles" to guide the final constitution, ensuring basic freedoms and minority rights while not overly limiting the role of the elected constitutional assembly. This led to the development of the Interim Constitution, which was formally enacted in April 1994. The interim constitution served as a transitional framework until the final constitution, the "Constitution of the Republic of South Africa, 1996," was promulgated by President Nelson Mandela in December 1996 and came into effect in February 1997.
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The 34 constitutional principles
The 34 Principles include the following:
- Recognition of the right of the South African people as a whole to self-determination, without precluding the right to self-determination by any community sharing a common cultural and language heritage.
- Establishment of one sovereign state, a common South African citizenship, and a democratic system of government committed to achieving equality between men and women and people of all races.
- Protection of universally accepted fundamental rights, freedoms, and civil liberties, including the right to fair labour practices.
- Prohibition of racial, gender, and all other forms of discrimination, and promotion of racial and gender equality and national unity.
- Supremacy of the Constitution as the supreme law of the land, binding on all organs of state at all levels of government.
- Multi-party democracy with regular elections and universal adult suffrage.
- A quasi-federal system in place of a centralised government, with provincial and local levels of democratic representation.
- Protection of the diversity of languages and cultures, with the English text of the Constitution being authoritative in the event of a conflict.
- Impartiality of a Public Service Commission, a Reserve Bank, an Auditor-General, and a Public Protector, serving the interests of effective public finance and administration.
- Empowerment of the national government to intervene through legislation or other steps defined in the Constitution to maintain essential national standards, establish minimum service standards, maintain economic unity, and prevent unreasonable actions by one province prejudicial to another or the country.
The final Constitution was drafted over two years and adopted on 8 May 1996, replacing the Interim Constitution. The Constitutional Court initially refused to certify it due to non-compliance with all 34 Principles, but later agreed to certify it. The Constitution was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997.
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The role of the African National Congress (ANC)
The African National Congress (ANC) is South Africa's governing party and has been in power since the country's transition to democracy in April 1994. The ANC was founded on 8 January 1912 in Bloemfontein and is the oldest liberation movement in Africa. Initially called the South African Native National Congress, the ANC was founded as a national discussion forum and organised pressure group, seeking to advance the rights of black South Africans.
In the post-apartheid era, the ANC played a crucial role in the formation of the Interim Constitution. The ANC insisted that the constitution should be drafted by a democratically elected constituent assembly, while the governing National Party (NP) feared that minority rights would not be protected in such a process. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA), but broke down after the second plenary session in May 1992 due to disputes over the required supermajority for the assembly to adopt the constitution.
The ANC proposed the formation of an interim government council with legislative and executive powers to oversee the transitional period. They also played a significant role in the Multi-Party Negotiating Process (MPNP), which resulted in the development of "constitutional principles" to ensure basic freedoms and protect minority rights. The Interim Constitution, enacted in April 1993, governed South Africa's first democratic elections in 1994. The ANC, running with its Tripartite Alliance partners, won a comfortable majority in these elections, gaining 62.65% of the national vote and 252 of the 400 seats in the new National Assembly.
The ANC has maintained its political dominance in South Africa, consistently rising in electoral popularity from 1994 to 2004. However, they experienced a gradual decline in support from 2009 onwards, coinciding with the presidency of Jacob Zuma. Despite this, the ANC remains a significant force in South African politics, shaping the country's democratic trajectory and governing coalition.
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The interim constitution's executive branch reform
The Interim Constitution of South Africa, enacted in 1993, played a pivotal role in the country's transition to democracy and laid the groundwork for executive branch reform. This reform was a significant aspect of the constitution and was intended to address the separation of powers between the executive, legislative, and judiciary branches of the government.
The Convention for a Democratic South Africa (CODESA) negotiations, which began in December 1991, were pivotal in shaping the Interim Constitution and the subsequent executive branch reform. The African National Congress (ANC) and the governing National Party (NP) had differing views on the process of drafting the constitution. The ANC advocated for a democratically elected constituent assembly, while the NP sought to protect minority rights through consensus-building and a referendum. Despite initial disagreements, the parties returned to negotiations in April 1993 and agreed on a set of "constitutional principles" to safeguard fundamental freedoms and protect minority rights.
The Interim Constitution, enacted on April 27, 1994, established the framework for executive branch reform. It stipulated that executive power would be vested in the President, who would be elected by a member majority in the National Assembly. Additionally, it provided for an Executive Deputy President. The constitution also included powersharing provisions, such as the allocation of cabinet positions based on the number of seats secured by political parties.
However, it is important to note that the executive branch reform stipulated in the Interim Constitution was not fully implemented in 1993. The reforms were intended to be enacted after the constituent assembly elections, which took place in April 1994. The Government of National Unity, a constitutionally-defined multi-party government, came into existence after these elections. Despite the interim constitution's provisions, the powersharing elements were not included in the final constitution. The National Party withdrew from the Government of National Unity after the adoption of the final constitution on May 8, 1996.
The Interim Constitution served as a critical stepping stone toward South Africa's current constitution, the "Constitution of the Republic of South Africa, 1996," which came into effect on February 4, 1997. This final constitution replaced the Interim Constitution and further solidified the country's commitment to democracy, human rights, and the separation of powers.
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Frequently asked questions
The Interim Constitution of South Africa was a temporary constitution that was in place from 27 April 1994 until 4 February 1997. It was created during the country's transition to democracy and provided the legal foundation for the existence of the republic, setting out the human rights and duties of citizens and defining the structure of the government.
The Interim Constitution was created by the Multi-Party Negotiating Process (MPNP), which consisted of 26 political parties. The African National Congress (ANC) and the governing National Party (NP) were key players in the process, with the ANC initially proposing the formation of an interim government.
The Interim Constitution contained 34 constitutional principles that the final constitution was required to comply with. These included multi-party democracy with regular elections and universal adult suffrage, the supremacy of the constitution over all other laws, a quasi-federal system, non-racism and non-sexism, the protection of fundamental rights and freedoms, equality before the law, and the protection of the diversity of languages and cultures.
The current Constitution of South Africa, formally titled the "Constitution of the Republic of South Africa, 1996," replaced the Interim Constitution. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997. The current constitution has been amended multiple times since its enactment, while the Interim Constitution was in place for a defined period during the country's transition to democracy.
