Malcolm Rivera
South Africa's interim constitution was enacted in 1993 and came into force on 27 April 1994. It was designed to be a transitional constitution, providing for an elected constitutional assembly to draw up a permanent constitution. The interim constitution was the result of negotiations between the African National Congress (ANC) and the governing National Party (NP), with the former insisting on a democratically elected constituent assembly and the latter concerned about protecting minority rights. The interim constitution addressed fundamental rights, citizenship, and the roles of the president, supreme court, and national assembly. It also included provisions for freedom of speech, freedom of association, and access to information.
| Characteristics | Values |
|---|---|
| Development | The Interim Constitution was developed during the Multi-Party Negotiating Process (MPNP) in April 1993, after the Convention for a Democratic South Africa (CODESA) negotiations broke down in May 1992. |
| Purpose | To provide "constitutional principles" to ensure basic freedoms, protect minority rights, and guide the development of a final constitution. |
| Enactment | Formally enacted by the apartheid-era Tricameral Parliament and came into force on April 27, 1994. |
| Duration | Intended to be in force for a five-year period during which a coalition government would govern. |
| Government Structure | President as Head of State and Commander-in-Chief of the National Defence Force, two vice-presidents, a cabinet, a 400-seat national assembly, and a 90-seat senate. |
| Legislative Process | The final constitution was to be adopted by the elected constitutional assembly, with a deadline of May 9, 1996. |
| Fundamental Rights | Included rights to life, freedom from servitude and forced labor, freedom of association, freedom of speech, freedom of expression, and access to information. |
| Judicial Provisions | Established the Constitutional Court and Supreme Court, with provisions for remuneration of judges. It also outlined the role of the Public Protector, who would hold office for a seven-year term. |
| National Symbols, Languages, and Citizenship | Addressed national symbols, official languages, citizenship, and franchise. |
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What You'll Learn
The Multi-Party Negotiating Process (MPNP)
The MPNP was a multi-party forum where all political parties, regardless of their electoral support, could participate as equals in deciding core constitutional principles and the structure of a transitional government. The parties to the MPNP proposed the development of a set of "constitutional principles" that would ensure basic freedoms and protect minority rights, without overly limiting the role of the elected constitutional assembly. This process aimed to address the concerns of smaller parties, who feared that an elected assembly would result in majority rule without adequate constitutional safeguards for minority participation in political decision-making.
The MPNP negotiations took place from March to November 1993 and resulted in a comprehensive package agreement, including an electoral act and the interim constitution. This interim constitution provided a legal basis for transitional institutions and specified non-negotiable constitutional principles, laying the groundwork for South Africa's democratisation pact. The MPNP was considered a success, with formerly opposed parties reaching compromises and agreeing on a negotiated Constitution for the Transition.
The MPNP played a crucial role in South Africa's transition to democracy by balancing the democratic weight of larger parties with the need for an inclusive process. It helped legitimise democratic processes as a means to resolve political conflicts, and public participation initiatives created a sense of ownership of the Constitution among the South African people. The MPNP's success was attributed to learning from the lessons of the CODESA experience and addressing the flaws in its structure and mechanisms.
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Basic freedoms and minority rights
The Interim Constitution of South Africa, which came into effect on 27 April 1994, served as a temporary constitution until the final Constitution was adopted on 4 February 1997. This interim constitution played a crucial role in the country's transition to democracy and laid the foundation for the protection of
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The role of the elected constitutional assembly
The Convention for a Democratic South Africa (CODESA) negotiations in 1991 broke down due to this dispute, with the NP seeking a 75% supermajority requirement for the assembly to adopt the constitution, effectively giving them a veto. However, the parties returned to negotiations in 1993 through the Multi-Party Negotiating Process (MPNP).
During the MPNP, a committee proposed a collection of "constitutional principles" to ensure basic freedoms and protect minority rights without overly limiting the role of the elected constitutional assembly. This idea was adopted, and the parties drew up the Interim Constitution, which was formally enacted by the apartheid-era Tricameral Parliament and came into force on April 27, 1994.
The interim constitution provided for an elected constitutional assembly to draft a permanent constitution. The ANC proposed that if the assembly failed to create a constitution within the stipulated time, it should dissolve and hold new elections. On June 30, 1993, a "constitutional deal" was struck, agreeing that the country's future constitution would be drawn up by an elected body.
The process for drafting the permanent constitution involved the Constitutional Assembly, chaired by Cyril Ramaphosa, who disclosed on September 25, 1995, that a working draft would be completed by November 1995. The draft was released for public comment, with a deadline for the final constitution set for May 9, 1996, later extended to the end of June.
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The National Executive
The President is both the head of state and the head of the national government. They are vested with the powers to appoint and dismiss the Deputy President, Ministers, and Deputy Ministers; assign powers and functions to the Deputy President and Ministers; and to "appoint the leaders of diplomatic missions to foreign countries, receive foreign diplomatic representatives, and conclude international agreements." The President also has the power to "declare war and make peace with the consent of the National Assembly," and is the Commander-in-Chief of the country's Defence Force.
The Cabinet consists of the President, the Deputy President, and the Ministers, and is responsible for "all executive powers, including the implementation of legislation." It meets regularly, and a quorum of half its members, including the President, is required for meetings. Decisions are made by majority vote, and in the case of a tie, the President casts the deciding vote. The Cabinet has the power to develop and implement national policy; prepare and introduce bills and other legislation; and "perform any executive act required by the Constitution or legislation." It is also responsible for the "management of the country's finances, including the preparation and implementation of the national budget."
The Deputy President is the second-highest ranking member of the National Executive and is appointed by the President from among the members of the National Assembly. They may not hold any other position of profit and are responsible for You may want to see also The Interim Constitution of South Africa was enacted in 1993 and came into force on 27 April 1994. It was a collection of "constitutional principles" proposed by the Multi-Party Negotiating Process (MPNP) committee. The constitution was formally enacted by the apartheid-era Tricameral Parliament. The Interim Constitution provided for a Government of National Unity, which came into existence after the 1994 elections. This government was a constitutionally defined multi-party government. The constitution also included provisions for powersharing, with a party holding 20 or more seats in parliament entitled to receive cabinet portfolios. However, these powersharing provisions were removed from the final constitution. Furthermore, the President played a crucial role in the transition to the new constitution, known as the "Constitution of the Republic of South Africa, 1996." This new constitution was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution. The President set the date of commencement for most sections of the new constitution, with certain sections dealing with financial matters commencing on 1 January 1998. You may want to see also The Interim Constitution of South Africa was a temporary constitution that was enacted on April 27, 1994, to provide a framework for the country's transition to democracy. It included basic freedoms and minority rights protections, and established an elected constitutional assembly to draft a permanent constitution. The Interim Constitution of South Africa included provisions such as the right to life, freedom from forced labour, freedom of association, freedom of speech, and the establishment of an independent Pan South African Language Board. It also outlined the roles of the President, the National Assembly, and the Supreme Court. The creation of the Interim Constitution of South Africa was a complex process involving negotiations between various political parties. The African National Congress (ANC) and the governing National Party (NP) had differing views on the constitution-making process, with the ANC favouring a democratically elected constituent assembly and the NP preferring a referendum. After initial negotiations broke down, the parties returned to the negotiating table in April 1993 and eventually agreed on a transitional constitution that provided for an elected constitutional assembly to draft a permanent constitution. The interim constitution was formally enacted by the apartheid-era Tricameral Parliament.Executive Orders: A Historical Overview
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