Malcolm Rivera
The formation of a new constitution for South Africa was an integral part of the negotiations to end apartheid in the country. The African National Congress (ANC) played a significant role in this process, advocating for a democratically elected constituent assembly to draft the new constitution. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA), with 19 political groups in attendance. Despite some challenges and tensions, the parties agreed to work towards a transitional constitution that would pave the way for an elected constitutional assembly to create a permanent constitution. This process involved extensive public participation, with all South Africans invited to contribute their ideas and shape the future of their nation. The final constitution, adopted in 1996, established South Africa as a democratic state with a commitment to human rights, equality, and the inclusion of all its citizens, regardless of race.
| Characteristics | Values |
|---|---|
| Purpose | To end apartheid and establish a constitutional democracy |
| Process | Negotiated by political parties in the Constitutional Assembly, with input from ordinary citizens and civil society |
| Adoption | Drawn up by the Parliament elected in the 1994 general election |
| Promulgation | Promulgated by President Nelson Mandela on 18 December 1996 |
| Effective Date | Came into effect on 4 February 1997 |
| Previous Constitutions | South Africa had four previous constitutions, in 1910, 1961, 1983, and the Interim Constitution of 1993 |
| Amendments | Amended by eighteen amendments since 1996 |
| Legislative Structure | Replaced the Senate with a National Council of Provinces, consisting of legislators from each of the country's nine provinces |
| Rights | Ensures human rights, including the right to life, equality, human dignity, and privacy |
| Government Structure | Established a president, a prime minister, and an executive council (cabinet), a bicameral legislature, and an independent judiciary |
| Election Process | Clarified that elections to the National Assembly and provincial legislatures may be called either before or after the term of office of the previous body has expired |
Explore related products
What You'll Learn
The end of apartheid
South Africa's history has been marked by racial conflict and exclusionary politics, institutionalised under the apartheid regime, which enforced segregation and limited the rights of non-whites. The country's first democratic elections in 1994, which the African National Congress (ANC) won, signalled the end of white minority rule. This shift was influenced by international pressure, a wave of democratic reforms across Africa, and the increasing strength of revolutionary forces within South Africa.
The process of drafting a new constitution began with the Convention for a Democratic South Africa (CODESA) in December 1991. However, negotiations broke down due to tensions between the 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 referendum instead.
In March 1993, negotiations resumed with 26 parties participating. An interim Constitution was adopted to govern the country until a final Constitution could be agreed upon and promulgated. The new Parliament, elected in 1994, worked as the Constitutional Assembly to draft the final Constitution, which was completed in May 1996. This Constitution proposed changes to the legislative structure, including the replacement of the Senate with a National Council of Provinces, representing all nine provinces.
The final Constitution was certified by the Constitutional Court, which ensured that it conformed to 34 agreed-upon constitutional principles, including a commitment to a multiparty democracy and universal franchise without discrimination. The Constitution was promulgated by President Nelson Mandela in December 1996 and came into effect on 4 February 1997, marking a significant step towards a new, democratic South Africa.
Jefferson's Vision: Updating Constitution Every Two Decades
You may want to see also
The Freedom Charter
The Congress of the People, held in Kliptown on June 25 and 26, 1955, was a historic gathering that included workers, peasants, intellectuals, women, youth, and students of all races and colours. This diverse assembly adopted the Freedom Charter, envisioning a united, non-racial, and democratic South Africa. The charter asserted that "South Africa belongs to all who live in it, black and white, and no government can justly claim authority unless it is based on the will of the people."
James Madison's Spin on the Constitutional Story
You may want to see also
The role of the African National Congress (ANC)
The African National Congress (ANC) is a South African political party that originated as a liberation movement for black South Africans' rights. It has been the governing party of the Republic of South Africa since 1994, when Nelson Mandela was elected as the first post-apartheid president. The ANC has thus played a significant role in the post-apartheid era.
The ANC was founded in 1912 in Bloemfontein as the South African Native National Congress. Its purpose shifted in 1948 when the National Party government came to power and instituted a policy of institutionalised apartheid. The ANC's central goal became to oppose this policy, and it adopted the techniques of mass politics, leading to the Defiance Campaign of civil disobedience in 1952-53. The ANC-affiliated Congress of South African Trade Unions (COSATU) was also important in the process toward the abolition of apartheid, as it had strong links to unions abroad.
The creation of a new constitution was an integral part of the negotiations to end apartheid in South Africa. The ANC insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process and proposed a referendum instead. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA), with 19 political groups in attendance. However, the CODESA negotiations broke down after the second plenary session in May 1992 due to rising tensions.
In March 1993, full negotiations resumed with 26 parties taking part in the Multi-party Negotiating Process (MPNP). An interim Constitution was adopted to govern South Africa's first democratic elections on 27 April 1994, in which the ANC won an overwhelming majority of 62.65% of the vote. The new Parliament, working as the Constitutional Assembly (CA), then began writing the final Constitution. After two years, on 8 May 1996, the CA adopted the final Constitution, which was promulgated by President Mandela on 18 December 1996 and came into effect on 4 February 1997. The Constitution represents the collective wisdom of the South African people, with input from ordinary citizens, civil society, and political parties.
The Constitution: Branches as Co-Equal?
You may want to see also
Explore related products
$8 $15
The Convention for a Democratic South Africa (CODESA)
The first session of CODESA was held in Johannesburg on 20 and 21 December 1991, with 19 political groups in attendance. All parties agreed to support the Declaration of Intent, committing themselves to a "united, democratic, non-racial, and non-sexist state". This signalled a break from the country's Apartheid past. CODESA set up a negotiation and management structure, including five Working Groups to negotiate substantive issues after the plenary. Two important issues for the convention were constitutional principles for a new constitution and an interim power, as well as the lead-up to a constituent assembly that would draft the final constitution.
However, there were also tensions and disagreements between the parties. The African National Congress (ANC) and the National Party (NP) had differing views on the shape and form of the interim government. The ANC proposed an interim government that would last no longer than eighteen months and would include representatives from various parties. On the other hand, the NP wanted a non-racial interim government that included all parties in the cabinet and proposed a minority veto within such a government. The ANC rejected this proposal, insisting that minority parties could become part of decision-making through cabinet decisions.
Despite these differences, the parties at CODESA agreed on a process whereby a negotiated transitional constitution would pave the way for an elected constitutional assembly to draft a permanent constitution. However, the CODESA negotiations broke down after the second plenary session, CODESA II, in May 1992. This was due to disagreements over the type of interim government and the new constitution.
Following the breakdown of CODESA, President F.W. de Klerk and the head of the ANC, Nelson Mandela, led another series of talks known as the Multi-Party Negotiation Process (MPNP). This time, more parties participated, and in 1993, they agreed on an interim constitution and decided to hold a fully democratic national election in April 1994. The ANC won this election, and Mandela became the country's first black president.
Congress Powers: Where Are They Granted?
You may want to see also
The Constitutional Court
The creation of a new constitution was an integral part of the negotiations to end apartheid in South Africa. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). However, the CODESA negotiations broke down after the second plenary session in May 1992.
In March 1993, full negotiations began with 26 parties taking part. An interim Constitution was written and adopted to govern the country after the elections on 27 April 1994. After the 1994 elections, the new Parliament, working as the Constitutional Assembly (CA), began writing the final Constitution. This process involved many South Africans in the largest public participation programme ever carried out in the country. The final Constitution was adopted by the CA on 8 May 1996.
However, before it could be implemented, the Constitution had to be certified by the Constitutional Court to ensure that it conformed to the 34 Constitutional Principles agreed upon during the Multi-party Negotiating Process (MPNP). The Constitutional Court held its first hearing about the Constitution in July 1996. Initially, the judges of the court refused to certify the Constitution as they found that it did not follow all of the agreed-upon Constitutional Principles. However, the court later agreed to certify the Constitution, and it was promulgated by President Nelson Mandela on 18 December 1996, coming into effect on 4 February 1997.
The Constitution: Godless or God-Given?
You may want to see also
Frequently asked questions
The new constitution aimed to end apartheid and establish a democratic South Africa, free of oppression and discrimination.
The process began with nation-wide consultations, leading to the drafting of the Freedom Charter, which served as the first draft of the new constitution. Formal negotiations started in December 1991 at the Convention for a Democratic South Africa (CODESA). After the first multiracial elections in April 1994, the new Parliament, working as the Constitutional Assembly, began writing the final constitution.
The process involved many South Africans, including political parties, ordinary citizens, and civil society. There were 19 political groups at the first session of CODESA, and 26 parties taking part in the Multi-party Negotiating Process (MPNP).
The new constitution provided for a president, a prime minister, an executive council (cabinet), a bicameral legislature, and an independent judiciary. It established South Africa as a sovereign, democratic state, guaranteed human rights and equality for all citizens, and defined the structure of the government.
The final constitution was adopted by the Constitutional Assembly on 8 May 1996. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997.
