Omar Bennett
South Africa's constitution has undergone several iterations since the country's independence in 1910. The first constitution, the South Africa Act of 1909, was enacted by the British Parliament and established an independent Union of South Africa. This act was replaced in 1961 by the Republic of South Africa Constitution Act, which severed all ties with the British Empire. Following the end of apartheid in 1994, an interim constitution was introduced in 1993 to govern the transitional period. The current constitution, the country's fifth, was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997. It is widely regarded as one of the most progressive constitutions in the world, with a primary focus on facilitating change in political, economic, and social relations in South Africa.
| Characteristics | Values |
|---|---|
| Date of completion | 18 December 1996 |
| Date of coming into effect | 4 February 1997 |
| Previous constitution replaced | Interim Constitution of 1993 |
| Current number | Fifth |
| Number of chapters | 14 |
| Number of sections | 244 |
| Number of schedules | 8 |
| Number of official languages in South Africa | 11 |
| Population of South Africa | Over 49 million |
| Population of South Africa (as per 2010 data) | Blacks (79.4%), Whites (9.2%), Coloured (8.8%), Indian or Asian (2.6%) |
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What You'll Learn
The South Africa Act of 1909
The South Africa Act was approved by the four colonial parliaments in June 1909 and passed into law by the British Parliament in September 1909. The act was opposed by Cape Colony premier W. P. Schreiner, who raised concerns about the potential erosion of the rights of non-white South Africans. However, it was argued that the political and economic advantages of union would outweigh the disadvantages. The act was also criticised by Black South Africans, who met in an unofficial Native Convention.
The South Africa Act established a centralised, unitary state with a Supreme Court of South Africa, serving as a unified court system for the Union. It also allowed for the potential inclusion of Rhodesia into the Union, although this proposal was rejected by Rhodesian colonists in a 1922 referendum. The act served as the South African constitution for over fifty years and formed the basis for the Republic of South Africa Constitution Act of 1961, which replaced the Queen with a State President.
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The Republic of South Africa Constitution Act, 1961
The 1961 Constitution established a Westminster system of government, akin to that under the South Africa Act 1909. However, the Queen and the appointed Governor-General were replaced by a State President elected by Parliament. C. R. Swart, the last Governor-General, became the first State President on 31 May 1961. The State President's role was largely ceremonial, with executive power vested in the Prime Minister, who was the head of government. The State President was elected for a non-renewable seven-year term by a joint sitting of Parliament, where each member had one vote.
The legislative power was vested in Parliament, consisting of the House of Assembly (lower house) and the Senate (upper house). The Senate was abolished in 1981 and replaced by the President's Council. The 1961 Constitution also designated English and Afrikaans as the official languages, defining Afrikaans to include Dutch.
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The Tricameral Parliament
In 1994, ten years after the Tricameral Parliament was formed, one of the last pieces of legislation it passed was the Interim Constitution of 1993, which paved the way for the first non-racial elections that were held on 27 April of that year. The current constitution of South Africa, the country's fifth, was drawn up by the Parliament elected in the 1994 general election and promulgated by President Nelson Mandela on 18 December 1996, coming into effect on 4 February 1997.
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The Interim Constitution of 1993
The Interim Constitution of South Africa, also known as the Transitional Constitution, was approved in November 1993 at Kempton Park, near Johannesburg. It was endorsed by the last apartheid Parliament and became the Constitution of the Republic of South Africa, Act 200 of 1993. The constitution was drafted during a period of transition from apartheid to democracy, with 26 political groups gathering to negotiate and draft a constitution that would end the apartheid legal order.
The Interim Constitution was a compromise between the National Party, which ruled South Africa from 1948 to 1989, and the African National Congress (ANC), which had been banned from 1960 to 1990. It was agreed that the final constitution would comply with 34 constitutional principles outlined in the interim document. These included multi-party democracy, universal adult suffrage, the supremacy of the constitution, a quasi-federal system, non-racism, non-sexism, and the protection of fundamental rights, freedoms, and civil liberties.
The Interim Constitution was intended to serve as a bridge between the past and the future, facilitating the continued governance of South Africa while an elected Constitutional Assembly drew up a final constitution. This process recognised that the negotiating parties were not formally elected and therefore did not have the mandate to create the final document without public support through the electoral system. The interim document also introduced an entrenched bill of rights and established the Constitutional Court with broad powers of judicial review.
The Transitional Constitution lasted for six months, until the first non-racial general election on 27 April 1994, when it was superseded by the final constitution, which came into effect on 4 February 1997. The final constitution was promulgated by President Nelson Mandela on 18 December 1996.
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The Constitution of the Republic of South Africa, 1996
South Africa's current constitution, formally titled "The Constitution of the Republic of South Africa, 1996", is the country's fifth constitution. 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 1996 Constitution completely reconfigured South Africa's political institutions, introducing transformative changes across the country's political landscape. It consists of a preamble, fourteen chapters containing 244 sections, and eight schedules. Each chapter deals with a particular topic, while the schedules contain ancillary information referred to in the main text.
The Constitution provides the legal foundation for the existence of the republic, sets out the human rights and duties of its citizens, and defines the structure of the government. It is the supreme law of the Republic of South Africa, with eighteen amendments made since 1997.
The creation of a new constitution was an integral part of the negotiations to end apartheid in South Africa. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The African National Congress (ANC) insisted that the constitution should be drafted 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 negotiated consensus. The CODESA negotiations broke down after the second plenary session in May 1992.
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Frequently asked questions
South Africa gained independence in 1910.
The first constitution of South Africa was the South Africa Act of 1909.
The South Africa Act of 1909 established an independent Union of South Africa comprising the territories of Cape Colony, Orange Free State, Natal, and Transvaal. However, it only granted limited independence as the British Crown remained the ceremonial head of state.
The current constitution of South Africa, the country's fifth, was drawn up 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.
The current South African Constitution is widely regarded as one of the most progressive in the world. It is acclaimed for its strong emphasis on human rights and its transformative nature, aiming to facilitate change in political, economic, and social relations in the country.
