Eleanor Finch
The first African country to create a constitution was Liberia in 1825. However, most African countries adopted constitutions following decolonization in the 1950s and 1960s. Since the early 1990s, many African countries have undergone significant political transformations, transitioning from dictatorships to constitutional governments with rule-of-law systems. South Africa, for example, introduced its first non-racial constitution in 1993, marking the end of apartheid and the introduction of liberal democracy and universal adult suffrage.
| Characteristics | Values |
|---|---|
| Country | South Africa |
| First Constitution | South Africa Act, 1909 |
| First Constitution Promulgated | 1910 |
| First Constitution's Effect | Gave rights to the white minority and took away the right to vote of the majority of South Africans |
| Current Constitution | Constitution of the Republic of South Africa, 1996 |
| Current Constitution Promulgated | 4 February 1997 |
| Current Constitution's Effect | Sets out the human rights and duties of its citizens, and defines the structure of the Government |
| Number of Amendments to Current Constitution | 18 |
| Number of Official Languages | 11 |
| Population | 49 million+ |
| Racial Makeup | Black 79.4%, White 9.2%, Coloured 8.8%, Indian or Asian 2.6% |
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What You'll Learn
The South Africa Act, 1909
The Act was preceded by the 1902 Treaty of Vereeniging, which ended the Anglo-Boer War, and a national convention in 1908–09, which negotiated South Africa's first constitution. The convention was made up of white delegates representing white electorates, less than one-fifth of the population of the new country. Black African, Coloured, and Asian representatives were excluded from the process. The constitution that resulted from the convention was largely the work of John X. Merriman, prime minister of the Cape Colony, and Jan Smuts, then colonial secretary of the Transvaal.
The Constitution's Original Intent: What Did It Mean?
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The first non-racial elections
South Africa was the first African country to create a constitution. The country's first constitution, the South Africa Act, was passed by the British House of Commons in 1909 and came into effect in 1910. This constitution gave rights to the white minority and took away the right to vote of the majority of South Africans, who were Black.
In 1991, the "Inkathagate" scandal emerged, revealing that the trade union arm of the IFP (Inkatha Freedom Party) had been secretly funded by the government and that the South African Defence Force was involved in death squads and violence in the country. This led to the ANC halting all meetings with the NP government. Despite this setback, formal negotiations for a new constitution began in December 1991 at the Convention for a Democratic South Africa (CODESA).
The negotiations were marked by protests and resistance from right-wing groups, such as the ill-fated "invasion" of the World Trade Centre by Eugene Terre'Blanche and members of his Afrikaner Weerstandsbewging. During this time, the National Peace Accord, the country's first multiparty agreement, was signed, and the idea of an interim government was explored. The ANC's National Working Committee (NWC) played a crucial role in pushing for an all-party congress to resolve the constitutional matter.
The Transitional Constitution, also known as the Interim Constitution of 1993, was introduced at the end of apartheid to govern the period of transition. It introduced the framework of a liberal democracy, universal adult suffrage, and a bill of rights. This interim constitution paved the way for the first non-racial elections in 1994, which were won overwhelmingly by the ANC, leading to the election of Nelson Mandela as the first non-white president of South Africa.
The current South African constitution, the country's fifth, was drawn up by the parliament elected in the 1994 general election. It was promulgated by President Nelson Mandela in 1996 and came into effect in 1997, replacing the Interim Constitution. This constitution provides the legal foundation for the republic, sets out the human rights and duties of citizens, and defines the structure of the government. It has been amended several times since its enactment to ensure the protection of the rights and freedoms of all South Africans.
Understanding the First Amendment: Freedom's Foundation
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Apartheid's end and the Interim Constitution
South Africa was the first African country to create a constitution. The country's first constitution, the South Africa Act, was enacted in 1909 and passed by the British House of Commons. This constitution marked the disenfranchisement of black people, sparking the formation of the African National Congress in 1912.
The end of apartheid in South Africa was marked by the introduction of the Interim Constitution in 1993. This constitution governed the transition period, introducing a liberal democratic framework, universal adult suffrage, and a bill of rights for the first time in South Africa's history. The creation of this new constitution was an integral part of the negotiations to end apartheid. The African National Congress (ANC) and the governing National Party (NP) had differing views on the process of adoption. The ANC advocated for a democratically elected constituent assembly to draft the constitution, while the NP feared that minority rights would not be protected and proposed a negotiated consensus followed by a referendum. Formal negotiations commenced in December 1991 at the Convention for a Democratic South Africa (CODESA). However, the CODESA negotiations faced obstacles, such as disagreements on the implementation of a unified state and proportional representation.
In April 1993, negotiations resumed through the Multi-Party Negotiating Process (MPNP). A committee within the MPNP proposed a set of "constitutional principles" to safeguard basic freedoms and protect minority rights while ensuring the elected constitutional assembly's role remained central. This proposal led to the drafting of the Interim Constitution, which was enacted by the apartheid-era Tricameral Parliament. The Interim Constitution provided for a bicameral parliament, consisting of a 400-member National Assembly and a 90-member Senate, representing the nine provinces.
On April 27, 1994, South Africa held its first non-racial elections under universal suffrage, later celebrated as Freedom Day. The ANC secured a majority, and Nelson Mandela was elected president. The interim Constitution facilitated a single-term coalition Government of National Unity, with the NP and IFP represented alongside the ANC. The Truth and Reconciliation Commission was established to investigate human rights violations during apartheid. The final Constitution was negotiated based on the principles of the interim one and was provisionally adopted on May 8, 1996. It came into effect on February 4, 1997, marking the end of the transition period and the beginning of a fully democratic South Africa.
Signs of a First Date: Defining Moments and More
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The Freedom Charter
South Africa was the first African country to create a constitution. The South Africa Act, passed by the British House of Commons in 1909, was the country's first constitution. This constitution disenfranchised black people and represented only the interests of whites.
Now, here is some information on the Freedom Charter:
The charter, with the opening demand "The People Shall Govern!", outlined the aspirational principles of freedom and democracy in South Africa. It called for civic participation by all people, regardless of race, colour, or sex, and asserted that South Africa belongs to all who live in it, black and white. It demanded that the people share in the country's wealth, with equal opportunities in industry and collective ownership. It also addressed land reform, calling for land to be shared among those who work it and for an end to restrictions on movement and ownership.
The First Constitution: Naming the Foundation of Democracy
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The Constitution of the Republic of South Africa, 1996
South Africa's first constitution, the South Africa Act, was passed by the British House of Commons in 1909. This constitution was drafted following a national convention in 1908 that represented the exclusive interests of whites and was negotiated without the input of the African majority.
The country's current constitution, titled "The Constitution of the Republic of South Africa, 1996", is the country's fifth constitution. It was promulgated by President Nelson Mandela on December 18, 1996, and came into effect on February 4, 1997, replacing the Interim Constitution of 1993. The constitution was drafted by the Parliament elected in the 1994 general election following South Africa's first non-racial elections.
Amending the Constitution of the Republic of South Africa, 1996, requires a two-thirds majority vote in the National Assembly. If the amendment affects provincial powers, the Bill of Rights, or the section establishing South Africa's sovereignty and founding values, it must also be voted on by the National Council of Provinces. Since its enactment, the Constitution has been amended eighteen times.
The Unwritten Constitution: A Historical Perspective
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Frequently asked questions
Liberia created the first constitution in the African region in 1825.
No, Liberia was the only African country to create a constitution before 1900. However, the Union of South Africa adopted its first constitution in 1910.
The first constitution of the Union of South Africa gave rights to the white minority but took away the right to vote of the majority of South Africans. It also dispossessed African people of their land. The current constitution of South Africa, enacted in 1996, is the country's fifth.
