Jonah Patel
The current South African constitution, the country's fifth, was drafted by an all-inclusive constitutive assembly and came into effect on 4 February 1997. The Constitutional Assembly sat between May 1994 and October 1996, and on 8 May 1996, it completed its work on a draft of a final constitution. The new constitution was the embodiment of the vision of generations of anti-apartheid freedom fighters and democrats who had fought for the principle that South Africa belonged to all, for non-racialism, and for human rights.
| Characteristics | Values |
|---|---|
| Legal foundation | Sets out the human rights and duties of its citizens |
| Defines the structure of the Government | |
| Defines the schedule for its commencement | |
| Defines the national flag | |
| Defines the geographical areas of the provinces | |
| Contains the texts of oaths or solemn affirmations to be sworn by political office-holders and judges | |
| Describes the procedure for the election of the President by the National Assembly | |
| Describes the procedure for the election of presiding officers by legislative bodies | |
| Describes how seats in the National Council of Provinces are to be allocated to political parties | |
| Provides for a Government of National Unity | |
| Provides for a Constituent Assembly consisting of a combined Senate and National Assembly | |
| Replaces the Interim Constitution of 1993 | |
| Is the supreme law of the Republic of South Africa | |
| Is formally entitled the "Constitution of the Republic of South Africa, 1996" | |
| Is considered one of the most advanced constitutions in the world | |
| Has been amended by 18 amendments since 1997 |
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What You'll Learn
The 1996 Constitution was drafted by the Constitutional Assembly
The Constitutional Assembly's work was guided by a set of "constitutional principles" that had been proposed earlier in 1993 during the Multi-Party Negotiating Process (MPNP). These principles ensured that the final constitution would protect basic freedoms and minority rights, without overly restricting the role of the elected body. The assembly's draft constitution embodied many of the provisions contained in the interim constitution of 1993, but some differences emerged, which caused controversy.
One of the most significant changes proposed by the 1996 draft constitution was the replacement of the Government of National Unity with a majoritarian government. This change was criticised by some as a "winner-take-all" arrangement in national elections. Despite this criticism, the draft constitution was adopted on 8 May 1996, marking a turning point in South Africa's struggle for democracy. The final constitution is considered one of the most advanced in the world, with a robust Bill of Rights and a commitment to a multiparty democracy.
The 1996 Constitution was the culmination of years of struggle against the apartheid regime and the institutionalised racism that had plagued South Africa's political system. The new constitution embodied the vision of generations of anti-apartheid activists and democrats who fought for a non-racial and equal South Africa. The guiding principles of the constitution were first articulated in several key documents, including the ANC's African Claims document of 1943 and the 1955 Congress Alliance Freedom Charter.
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The Assembly sat from May 1994 to October 1996
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the country, sets out the human rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drafted by the Constitutional Assembly, which sat from May 1994 to October 1996.
The Constitutional Assembly was made up of representatives from all the major political parties and liberation organisations. It engaged in a massive public participation programme to solicit views and suggestions from the public. As the deadline for the adoption of a constitutional text approached, many issues were hashed out in private meetings between the parties' representatives.
The Assembly's work took place in the context of South Africa's transition to democratic rule, which started with the release of Nelson Mandela in February 1990. The country's first non-white president, Mandela was elected in the first multiracial elections in April 1994, bringing an end to white minority rule. The new Constitution was the embodiment of the vision of generations of anti-apartheid freedom fighters and democrats who had fought for the principle that South Africa belonged to all, for non-racialism, and for human rights.
On 8 May 1996, a new text was adopted with the support of 86% of the members of the assembly. However, in the First Certification judgment delivered on 6 September 1996, the Constitutional Court refused to certify this text, identifying a number of provisions that did not comply with the constitutional principles. A final version of the constitution was promulgated by President Mandela on 18 December 1996 and came into effect on 4 February 1997.
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The final draft was completed on 8 May 1996
The final draft of the South African Constitution was completed on 8 May 1996. This date marked the end of two years of work by the Constitutional Assembly, which had been sitting since May 1994. The Constitutional Assembly was an all-inclusive body with representatives from all major political parties and liberation organisations. The final draft was intended to replace the Interim Constitution of 1993 by 1999.
The draft was adopted with the support of 86% of the members of the assembly. However, the First Certification judgement, delivered on 6 September 1996, refused to certify this text. The Constitutional Court identified a number of provisions that did not comply with constitutional principles, including failures to protect the right of employees to engage in collective bargaining, to provide for the constitutional review of ordinary statutes, and to sufficiently safeguard the independence of the Public Protector and Auditor-General.
Despite these issues, the 1996 draft constitution had an immediate impact on the structure of the government. Just one day after the draft was completed, the National Party declared its intention to resign from the Government of National Unity, effective 30 June 1996. This was accepted by President Mandela as a sign of a "maturing democracy".
The 1996 draft constitution proposed changes to the country's legislative structure. The National Assembly would remain the only directly elected house of parliament, but the Senate would be replaced by a National Council of Provinces. The new council would include legislators representing each of the country's nine provinces, as well as some temporary delegates. This arrangement was criticised by some as a "winner-take-all" system.
The final constitution was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. It has been described as a masterpiece of post-conflict constitutional engineering, completely reconfiguring South Africa's political institutions.
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The National Party resigned from the Government of National Unity
The current South African Constitution, the country's fifth, was drafted by the Parliament elected in the 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act of 1909.
The National Party (NP) government's rule ended in 1994 due to international pressure, democratic winds of change, and increasingly violent revolutionary forces within South Africa. This forced the NP government of President F. W. de Klerk to introduce reforms, resulting in the establishment of a constitutional democracy led by Nelson Mandela, the first non-white president.
The NP government's resignation paved the way for the Multi-Party Negotiating Process (MPNP), which began in April 1993. A committee of the MPNP proposed drafting a set of "constitutional principles" to ensure basic freedoms and protect minority rights, without limiting the role of the elected constitutional assembly. This led to the creation of the Interim Constitution of 1993, which provided for a Government of National Unity and a Constituent Assembly to draft a new constitution.
The Constituent Assembly, consisting of a combined Senate and National Assembly, engaged in a massive public participation program to gather views and suggestions from the public. Despite the deadline for adopting a constitutional text, many issues were resolved in private meetings between party representatives. On 8 May 1996, a new text was adopted with the support of 86% of the assembly members. However, the Constitutional Court refused to certify this text in the First Certification judgment delivered on 6 September 1996, citing several provisions that did not comply with constitutional principles.
The current constitution of South Africa was eventually adopted in 1996, promulgated by President Mandela, and came into effect in February 1997.
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The Constitution was promulgated by President Nelson Mandela
The Constitution of South Africa is the supreme law of the Republic of South Africa. It sets out the human rights and duties of its citizens and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in the 1994 general election.
The Constitution is formally titled the "Constitution of the Republic of South Africa, 1996". It was drafted by the Constitutional Assembly, which engaged in a massive public participation programme to solicit views and suggestions from the public. The Constitutional Assembly met regularly between January 1995 and May 1996 to draft the final constitution. On 8 May, the text was forwarded to the Constitutional Court for ratification. However, the Court ruled in September 1996 that the new constitution failed to adhere to the principles stated in the interim constitution. After intense negotiations, a revised draft was submitted and signed by President Mandela on 10 December 1996.
The Constitution of South Africa is a masterpiece of post-conflict constitutional engineering in the post-Cold War era. It completely reconfigured South Africa's political institutions, injecting new dynamics and transformative changes across its political landscape. It provides a bill of rights that guarantees unqualified citizenship rights to all South Africans. It is the jewel in the crown of the country's post-apartheid democratic order.
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Frequently asked questions
The South African Constitution was drafted by an all-inclusive constitutive assembly, which had representatives from all the major political parties and liberation organisations.
The Constitutional Assembly sat between May 1994 and October 1996, drafting and completing the new constitution. The final draft was completed on 8 May 1996.
The draft constitution had an immediate impact on the structure of the government. The National Assembly would continue to be the country's only directly elected house of parliament, but the Senate would be replaced by a National Council of Provinces.
