Jonah Patel
The Constitution of new democratic South Africa was formed in May 1996, following the country's first non-racial elections in 1994. The process of creating a new constitution was an integral part of the negotiations to end apartheid in South Africa, with the African National Congress (ANC) and the National Party (NP) disagreeing on the process by which the constitution would be adopted. The ANC insisted on a democratically elected constituent assembly, while the NP proposed a negotiated consensus followed by a referendum. Formal negotiations began in December 1991, and an interim constitution was agreed upon in 1993, providing for a transitional government and an elected constitutional assembly to draft the final constitution. The final constitution, adopted in 1996, established a constitutional democracy with Nelson Mandela as the first non-white president.
| Characteristics | Values |
|---|---|
| Type of Government | Multi-party democracy with regular elections and universal adult suffrage |
| Supremacy | The constitution is supreme over all other laws |
| System of Government | Quasi-federal system in place of centralized government |
| Racism and Sexism | Non-racist and non-sexist |
| Protection of Rights | Protection of "all universally accepted fundamental rights, freedoms, and civil liberties" |
| Equality | Equality before the law |
| Separation of Powers | Impartial judiciary |
| Levels of Government | Provincial and local levels of government with democratic representation |
| Protection of Culture | Protection of the diversity of languages and cultures |
| Founding Values | South Africa is a sovereign, democratic state |
| Founding Principles | Heal the divisions of the past and establish a society based on democratic values, social justice, and fundamental human rights |
| Founding Principles | Lay the foundations for a democratic and open society in which the government is based on the will of the people and every citizen is equally protected by law |
| Founding Principles | Improve the quality of life of all citizens and free the potential of each person |
| Founding Principles | Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations |
Explore related products
What You'll Learn
The end of apartheid
Apartheid, an Afrikaans word meaning "separateness", was an extreme form of legal segregation based on race, enforced by South Africa's Nationalist Party government between 1948 and 1994. The system was characterised by policies that separated the minority white population from the Black majority, designating areas and activities prohibited to Black people. This included the Group Areas Act of 1950, which put an end to diverse neighbourhoods, determining where one could live according to their race. The Prevention of Illegal Squatting Act of 1951 allowed the government to demolish Black shanty towns and forced employers to pay for the construction of housing for Black workers in otherwise white-only cities. The Native Laws Amendment Act of 1952 tightened pass laws, preventing Black people from staying in urban areas for more than 72 hours without a permit. Apartheid also prohibited marriage and criminalised sexual relations between people of different races.
In the 1970s, the Black Consciousness Movement (BCM), influenced by the Black Power movement in the US, endorsed black pride and African customs, helping to counter feelings of inadequacy instilled by apartheid. The 1976 Soweto uprising, a protest against the imposition of Afrikaans as the only language of instruction in schools, led to the deaths of 23 people according to official reports, though estimates range as high as 700. Student organisations formed in the uprising's aftermath were central to school boycotts protesting apartheid in 1980, 1983, 1985 and 1986.
By the 1980s, anti-apartheid forces had identified sport as a "weakness" of white morale, and football associations discussed the formation of a single, non-racial controlling body. International standing continued to be strained, with a 1977 survey finding that white South Africans ranked the lack of international sport as one of the three most damaging consequences of apartheid.
In 1990, mounting international and domestic pressure, as well as the growing realisation among the white political class that apartheid was unsustainable, forced the government towards dismantling the system. The ban on political organisations was lifted, and prominent figures such as Nelson Mandela were released from prison. Apartheid legislation was repealed in 1991, leading to South Africa's first free and non-racial election in 1994, in which Mandela and the African National Congress (ANC) won overwhelmingly. Mandela became the country's first Black president.
In 1995, South Africa installed a Truth and Reconciliation Commission to address human rights violations during the apartheid era. The commission released a seven-volume report on apartheid between 1998 and 2003.
Bum Pics: Free Speech or Not?
You may want to see also
The Convention for a Democratic South Africa (CODESA)
CODESA was attended by about 228 delegates from 19 political parties, who signed the Declaration of Intent, committing themselves to a united, democratic, non-racial, and non-sexist South Africa. The convention dealt with substantive matters, including constitutional principles for a new constitution and an interim government, as well as the formation of a constituent assembly to draft the final constitution.
The convention witnessed a fiery exchange between President F. W. de Klerk and Nelson Mandela, highlighting an unresolved issue between the African National Congress (ANC) and the National Party (NP), namely the ANC's armed wing, Umkhonto weSizwe (MK). The ANC refused to disband MK, and negotiations at CODESA 2 broke down in May 1992 over the issues of majority rule and power sharing.
Despite these setbacks, the agreements reached at CODESA paved the way for an interim constitution to govern the transition to a new, democratic South Africa. This interim constitution, promulgated by the Constitution of South Africa Act of 1993, provided for a five-year transition period and a Government of National Unity. It also established a Constituent Assembly to draft a new constitution, which was adopted in 1996, marking a significant step in South Africa's transition to democratic rule.
Justice and the Constitution: Where Is It Described?
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 has played a significant role in the country's transition to democracy and the formation of its new constitution.
The ANC has a long history of opposing the apartheid system of racial segregation enforced by the Nationalist Party government from 1948 to 1994. During this period, the ANC was banned and its leaders, including Nelson Mandela, were imprisoned. However, the ANC continued to work towards ending apartheid and achieving racial equality in South Africa.
In the early 1990s, mounting international and domestic pressure forced the Nationalist Party to begin dismantling apartheid. The ANC was unbanned, and Nelson Mandela was released from prison in February 1990. This marked the beginning of a transition period towards a new, democratic South Africa. The ANC, along with other political organisations, engaged in a series of negotiations under the Convention for a Democratic South Africa (CODESA). These negotiations resulted in the adoption of an interim constitution in 1993, which provided for a Government of National Unity and a Constituent Assembly to draft a new constitution.
The ANC played a crucial role in the country's first democratic elections held in April 1994. Running alongside its Tripartite Alliance partners, the ANC won a comfortable majority, gaining 62.65% of the national vote and 252 out of 400 seats in the new National Assembly. The ANC also won control of all but two provinces. Following the elections, Nelson Mandela became the first non-white president of South Africa, and the ANC formed a coalition Government of National Unity, which included the National Party and the Inkatha Freedom Party (IFP).
The ANC has continued to be a dominant force in South African politics since the first democratic elections. The party has controlled the national government and has been re-elected multiple times, although its parliamentary majority has decreased over time. In 2019, the ANC won the parliamentary election with 58% of the vote. Cyril Ramaphosa, a member of the ANC, is the current president of South Africa, serving his second term after being re-elected in May 2019.
Trump's Take on the US Constitution
You may want to see also
Explore related products
The role of Nelson Mandela
Nelson Mandela was a pivotal figure in the creation of a new democratic South Africa. His release from prison in 1990 marked the beginning of the country's transition to democracy, which culminated in his election as South Africa's first black president in 1994. As the leader of the African National Congress (ANC), Mandela played a crucial role in negotiating an end to apartheid and steering the country towards reconciliation and democratic reform.
Mandela's focus on national reconciliation was a key aspect of his leadership. He worked to reassure South Africa's white population that they would be protected and represented in the new democratic order, even as he dismantled the structures of institutionalized racism that characterized the apartheid regime. This approach was informed by his understanding of the potential economic consequences of a mass exodus of white elites, as had been seen in other post-colonial African countries.
Mandela's commitment to reconciliation extended beyond his dealings with the white population. He created the Truth and Reconciliation Commission in 1995 to investigate the country's history of human rights abuses, recognizing the importance of addressing past injustices while fostering forgiveness and national unity. This emphasis on individual rights is reflected in South Africa's 1996 Constitution, which enumerates 32 articles relating to fundamental human rights, including fair labour practices, reproductive health care services, and environmental stewardship.
Mandela's role in drafting the new Constitution was also significant. As President, he led a coalition government that oversaw the creation of the 1996 Democratic Constitution, which has been hailed as a masterpiece of post-conflict constitutional engineering. The Constitution establishes a Government of National Unity, providing for a combined Senate and National Assembly to draft a new constitution. It guarantees the separation of powers, establishes a constitutional court, and includes a bill of rights, reflecting Mandela's commitment to democratic principles and the rule of law.
Overall, Nelson Mandela's role in forming the constitution of a new democratic South Africa was instrumental. Through his leadership, commitment to reconciliation, and focus on democratic reform, he guided the country through a tumultuous transition, laying the foundation for a more just and inclusive society. His legacy continues to inspire and shape South Africa and the world.
Founding Fathers: Constitution's Historical Document Inspiration
You may want to see also
The transition to democracy
South Africa's transition to democracy was a complex and protracted process that spanned several decades and involved numerous key players. The country's first non-racial, democratic elections were held on 27 April 1994, marking a significant step towards establishing a democratic government. This election saw the African National Congress (ANC) win by a landslide, leading to Nelson Mandela becoming the country's first non-white president.
The Convention for a Democratic South Africa (CODESA) negotiations played a crucial role in the transition. These negotiations, which began in December 1991, brought together various political organisations, including the ANC and the governing National Party (NP). While the CODESA negotiations eventually broke down, they laid the groundwork for future agreements. The negotiations resulted in the adoption of an interim constitution, which guided the transition process and set out 34 constitutional principles that the new constitution would need to adhere to.
The interim constitution, promulgated by the Constitution of South Africa Act of 1993, provided for a five-year transition period, during which a Government of National Unity would preside. This interim constitution included provisions for 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 and freedoms.
During this transition period, negotiations and compromises continued between the ANC and the NP. The ANC conceded to safeguarding the jobs of white civil servants, and the two parties agreed on an interim constitution that guaranteed the separation of powers, established a constitutional court, and included a Bill of Rights. Despite threats of violence and resistance from far-right groups, the democratic process persisted.
In May 1996, the new Constitution of South Africa was agreed upon by parliament, marking a significant milestone in the country's transition to democracy. This constitution enshrined checks and balances on political and administrative authority and has been praised as a masterpiece of post-conflict constitutional engineering. The transition to democracy in South Africa was a challenging and tumultuous journey, steered by leaders like Nelson Mandela, who prioritised national reconciliation and the establishment of a society based on democratic values, social justice, and human rights.
Understanding Ohio's Weekly Wage Requirements for Unemployment Benefits
You may want to see also
Frequently asked questions
The African National Congress (ANC) was the main driving force behind the creation of a new democratic constitution in South Africa. The ANC insisted that the constitution should be drawn up by a democratically elected constituent assembly.
Nelson Mandela, as the leader of the ANC, played a crucial role in the transition to a new democratic South Africa. He was released from prison in 1990, and his negotiations with F.W. de Klerk of the National Party (NP) government helped end the apartheid system and set the stage for the formation of the new constitution.
The new constitution, finalised in 1996, enshrined a series of institutions to place checks on political and administrative authority within a constitutional democracy. It included principles such as multi-party democracy with regular elections, universal adult suffrage, the supremacy of the constitution, a quasi-federal system, non-racism, non-sexism, and the protection of fundamental rights and freedoms.
The process of adopting the new constitution involved negotiations between various political organisations under the Convention for a Democratic South Africa (CODESA). The ANC and NP agreed on a transitional constitution that would provide for an elected constitutional assembly to draft the permanent constitution. Despite some setbacks, the final democratic constitution was agreed upon by parliament in May 1996.
