South Africa’s Third Constitution
1983
Preamble to the Tricameral Constitution, adopted on 22 September 1983. Parliament of South Africa
The (1983) Constitution lacked substantive principle, constitutionalism and even a regard for the rule of law. It failed to protect individual rights, showed a fundamental lack of democracy, lacked an independent judiciary, did not have adequate checks and balances, had no minority protections and gave excessive power to the president.
South African Law Commission
In 1980, Prime Minister PW Botha revisited the findings of the Theron Commission, which had been appointed by his predecessor BJ Vorster to look into a new constitutional arrangement for the coloured people of South Africa. These findings became the basis for the 1983 constitution.
The Westminster system of government was changed as the commission reported this had resulted in the cultural dominance of one group. A tricameral parliament was instituted to include limited but direct representation of coloured and Indian people, but political power would remain firmly in white hands.
President PW Botha takes a salute during a military parade. Paul Weinberg / Africa Media Online
Each of the three separately elected chambers would determine the laws relating to their racial group’s ‘own affairs’ such as education, health, housing, social welfare, and local government. ‘General affairs’ such as defense, justice, finance and foreign policy needed the approval of all three chambers. An executive President, who was in effect no more than a figurehead, would lead the government. Any differences about legislation in the houses of Parliament would be resolved by a President’s Council, so giving the National party the advantage in decision making. Black South Africans were given no representation and became citizens of the homelands where they were born. They had no rights outside the homelands.
Responses to the Tricameral Parliament
The UDF is launched on 20 August 1983. Rashid Lombard
We want all our rights and we want them here and we want them now. We have been waiting for too long. We have been struggling for too long and now I hear people admonishing us saying ‘You are in too much of a hurry – can’t you see that the government is making progress?’ They are saying that we must be a little patient and that we must cool off, but I fear that if we keep on cooling off, we may end up in the deep freeze and the world knows that we have been patient, we have waited for many years, we have pleaded, we have tried, we have petitioned for so long, we have been jailed and exiled and killed for so long, but we are saying today, ‘Now is the time.’
Reverend Alan Boesak
at the launch of the UDF
The Government’s new proposals are an admission that the present constitution has failed utterly to preserve the heinous system of apartheid. They are likewise destined to fail in the wake of mounting resistance. The victims of apartheid must oppose with all the might at their command every attempt to perpetuate this vicious system.
Archie Gumede
then President of the UDF in Natal
PW Botha reacted to the criticism of his proposed parliamentary reforms by saying that he was going to hold an all-white referendum about the Tricameral Parliament. The United Democratic Front (UDF), a broad alliance of anti-apartheid organisations, was urging ‘SAY NO TO BOTHA’S ELECTIONS’, but were divided as to whether people should boycott the referendum or vote NO. On the weekend before the referendum, about 30 000 people attended events around the country in defiance of the proposed elections. In spite of the boycott, the white-only referendum went ahead on 2 November 1983 and about 70% voted in favour of the reforms.
UDF one Million Signature Campaign! Make your mark against apartheid! DISA
In January 1984, the UDF organised the ‘One Million Signature Campaign’ to oppose the proposed constitutional reform, but also to unify the movement in the face of all the divisions it was experiencing. It was the first nationwide opposition to apartheid since 1961. The UDF began a successful campaign of boycotts, strikes, marches and pamphlets to mobilise resistance against the elections.
The South African general election went ahead in August 1984. A number of Coloured and Indian parties participated, but the very low voter turn-out suggested that the majority were opposed to the Tricameral Parliament. South Africa’s third constitution came into effect in 1984. The denationalisation of the black majority continued through the system of tribally based Bantustans.
Five days before the elections, on 17 August 1984, the UN Security Council adopted Resolution 554 condemning the Constitution of the Republic of South Africa of 1983 saying that it was against the United Nations Charter. The United Nations Security Council stated that nothing short of the total eradication of apartheid would be a lasting solution to the ‘explosive situation’ in the country. The Council declared the elections and constitution ‘null and void’.
