Malcolm Rivera
South Africa became a constitutional democracy in 1994, when nearly twenty million South Africans voted in the country's first democratic election. The African National Congress (ANC) emerged with a 62% majority, and Nelson Mandela of the ANC was elected as the country's first democratically elected president. South Africa's transition to democracy was marked by the end of apartheid, the adoption of a new constitution, and the formation of a multiparty National Assembly. The present constitution, passed in 1996 and promulgated by President Mandela in 1997, remains the highest law in the land and has been challenged over the last 30 years but has held firm.
| Characteristics | Values |
|---|---|
| Date of becoming a constitutional democracy | 27 April 1994 |
| Type of government | Three-tier system |
| Judiciary | Independent |
| Levels of government | National, provincial and local |
| Legislative and executive authority | All levels of government have legislative and executive authority in their own spheres |
| Constitution | The current constitution is the fifth and was passed in 1996 |
| Apartheid | Officially ended in 1994 |
| First president | Nelson Mandela |
| Current status of democracy | Flawed democracy |
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What You'll Learn
South Africa's first democratic election
South Africa became a constitutional democracy in 1994, with its first democratic election taking place between 26 and 29 April of that year. This election marked the end of apartheid and the introduction of universal suffrage, with all citizens, regardless of race, being allowed to vote for the first time.
The African National Congress (ANC), which led the fight against apartheid, won a sweeping victory, taking 62% of the vote. The election was conducted under the direction of the Independent Electoral Commission (IEC) and saw around 20 million South Africans queue over a four-day voting period, with an 86.9% voter turnout. The new National Assembly's first act was to elect Nelson Mandela as President, making him the country's first black head of state.
The 1994 election was the culmination of a four-year process that began with the Convention for a Democratic South Africa (CODESA) in 1991. CODESA brought together various organisations to discuss constitutional arrangements and promote peaceful political participation for all racial groups. This led to the formation of a Government of National Unity, comprising the ANC, the National Party, and the Inkatha Freedom Party, which worked towards an interim constitution.
South Africa's present constitution, which sets out the structure of the government, protects fundamental human rights, and divides legislative and executive power, was passed in 1996 and promulgated by President Mandela in 1997. Since the first democratic election, South Africa has made significant progress in various areas, including education, women's rights, and racial equality and minority rights. However, challenges remain, particularly in addressing inequality and improving the quality of education.
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The end of apartheid
South Africa's transition to a constitutional democracy was a process that spanned several years, with the end of apartheid as its pivotal moment. The apartheid regime, characterised by racial segregation and white minority rule, was a source of widespread international condemnation and domestic struggle. The African National Congress (ANC) was at the forefront of the fight against apartheid, and its efforts, along with those of other organisations, eventually led to its demise.
The roots of apartheid can be traced back to the early stages of European colonisation in South Africa during the 17th century. The Dutch East India Company's establishment of a trading post at the Cape of Good Hope in 1652 marked the beginning of displacement and racial discrimination against the indigenous Black African population. Over time, apartheid evolved into a system of institutionalised segregation, with the white-ruled Nationalist Party formalising the policy in 1948.
The Black Consciousness Movement (BCM), influenced by the Black Power movement in the US, emerged in the 1970s to challenge the feelings of inadequacy instilled by apartheid among Black people. Student organisations played a pivotal role in protesting against apartheid, with the Soweto uprising in 1976 being a notable example. The anti-apartheid forces also targeted sport as a weakness of white national morale, and by the mid-1950s, Black journalists were publicly challenging the racialisation of sports in the country.
The internal resistance and international pressure on the apartheid regime culminated in negotiations to end apartheid that began in 1990. On March 17, 1992, white South Africans voted overwhelmingly in a referendum to end minority rule, marking a turning point. Apartheid legislation was officially repealed on June 17, 1991, paving the way for non-racial elections.
In 1994, South Africa held its first free and non-racial election, granting universal suffrage and electing Nelson Mandela of the ANC as the country's first Black president. This election also resulted in the formation of a multiparty National Assembly and the adoption of a new constitution, which enshrined principles of racial equality, majority democracy, and minority rights. The country's transition to democracy brought about significant improvements in various aspects, including education, women's economic freedom, and legislative reforms.
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The adoption of a new constitution
South Africa became a constitutional democracy in 1994, following its first democratic election in April of that year. The country's transition to democracy was marked by the adoption of a new constitution, which was passed in 1996 and promulgated by President Nelson Mandela in 1997. This constitution has been described as the "bedrock" of South Africa's democracy.
The country's interim constitution, which was in effect from 1994 until the adoption of the new constitution in 1996, played a crucial role in ending apartheid and establishing the principles of racial equality, majority rule, and minority rights. The interim constitution was established following negotiations between the African National Congress (ANC), Inkatha Freedom Party, National Party (NP), and other organizations. The interim constitution required the creation of a Constituent Assembly (CA) to draft and approve a permanent constitution by 9 May 1996.
The final Constitution of South Africa, adopted in 1996, sets out the structure of the government, protects fundamental human rights, creates mechanisms of accountability, and divides legislative and executive power among the national, provincial, and local spheres of government. It establishes a parliamentary system with a President elected by the people as head of state. The legislative branch consists of a Parliament with two chambers: the National Council of Provinces (NCOP) and the National Assembly. The judicial branch, on the other hand, is composed of courts that interpret and enforce laws, with the Constitutional Court of South Africa being the highest court for constitutional matters.
South Africa's constitution has been challenged over the years, but it has held firm as the foundation of the country's democracy. The country has made significant progress since the end of apartheid, including improvements in education, the establishment of a unified education department, and the achievement of universal primary school enrollment. South Africa has also made strides in strengthening women's economic freedom through various legislative reforms. However, challenges remain, particularly in addressing education and inequality.
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The establishment of a multiparty National Assembly
South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary. The country became a fully sovereign nation state within the British Empire in 1934, following the enactment of the Status of Union Act. The monarchy came to an end on 31 May 1961, and the country became a republic following a referendum in 1960.
The interim Constitution required the Constituent Assembly (CA) to draft and approve a permanent constitution by 9 May 1996. The current Constitution of South Africa, the country's fifth, was indeed passed in 1996 and came into effect on 4 February 1997. It was promulgated by President Nelson Mandela on 18 December 1996, replacing the interim Constitution of 1993. This constitution introduced multiparty elections, a key indicator of democracy being introduced to Africa.
The National Assembly, the lower house of Parliament, is a crucial component of South Africa's legislative branch. It consists of 400 members, elected by voters through a proportional representation/party list system. The Assembly establishes committees with assigned powers and functions, and these committees play a significant role in the law-making process and oversight of the executive. The National Assembly's approval is required for most legislative proposals to become laws, making it the more powerful house compared to the upper house, the National Council of Provinces (NCOP).
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The promotion of racial equality and minority rights
South Africa became a constitutional democracy in 1996, following the end of apartheid in 1994. The country's constitution, which was passed in 1996 and promulgated by President Nelson Mandela in 1997, is the highest law in the land and sets out the structure of the government, protects fundamental human rights, creates mechanisms of accountability, and divides legislative and executive power among the national, provincial, and local spheres of government.
The South African Constitution is based on the values of equality, human rights, nonracialism, and nonsexism, constitutionalism and the rule of law. It explicitly recognises differences, promoting the idea that South Africa is "united in its diversity". However, it seeks to prevent ethnocultural differences from entering the political process, instead allowing them to be reflected in cultural and social life.
The Constitution guarantees individual rights, such as the right to equality, freedom, and human dignity, as well as community or cultural rights. It ensures that even small minorities will have representation and a voice in legislatures through proportional representation.
The Constitutional Court of South Africa has long accepted intersectionality as a framework to identify and address unfair discrimination. Section 9 of the Constitution, which guarantees the right to equality, has been used to address racialised and gendered inequality in the country. For example, the Constitution provides for land reform and equitable access to natural resources, addressing past racially discriminatory laws and practices that resulted in insecure land tenure for some communities.
Despite the Constitution's strong commitment to equality and minority rights, there are still challenges in fully realising these ideals. South Africa continues to face issues of racialised and gendered poverty and deep social and economic inequalities. There has been criticism of the Constitution's failure to generate meaningful change, leading to calls for its amendment to address issues such as land redistribution.
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Frequently asked questions
South Africa became a constitutional democracy in 1994, when nearly twenty million South Africans voted in the country's first democratic election.
The 1994 election ended apartheid and brought Nelson Mandela of the African National Congress (ANC) to power.
The interim constitution of 1994 required a permanent constitution to be drafted and approved by 9 May 1996. The present constitution was passed in 1996 and came into force in 1997. It is the highest law in the land and outlines the structure of the government, protects fundamental human rights, and creates mechanisms of accountability.
South Africa has faced challenges as a multi-racial, young democracy. While the country has made progress in areas such as education and women's economic freedom, it continues to struggle with issues such as inequality and the legacy of apartheid.
