ELEMENT 1 – VALUES It was necessary for the drafters to establish the system of values that would underlie the structures of government and the manner in which they were to function. These values were set out in a powerful preamble as well as in the founding provisions in the opening sections of the Constitution …
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 …
South Africa’s Second Constitution 1961 Original Preamble to the Republican Constitution, adopted on 31 May 1961. Parliament of South Africa Prime Minister Verwoerd’s dream was to turn South Africa into a Republic ruled by the Afrikaner and free from British interference. This would allow the South African government to deal with its ’native problem’ in …
South Africa’s First Constitution 1910 1910 Original version of the preamble to the Union Constitution, adopted on 31 May 1910. Parliament of South Africa When delegates from all four provinces met to draft a new constitution at the National Convention of 1908–9, they were also giving shape to the idea of nationhood. For most of …
The Constitution is Certified, Finally 4 December 1996 The amended text was returned to the Constitutional Court. On 18 November 1996, the Constitutional Court began its second hearing on the amended text. Again, the general public, political parties and the Constitutional Assembly (CA) were invited to make written representations to the Court about new issues …
Back to the Constitutional Assembly The drafters returned to Parliament. Armed with the detailed judgment and a passionate will, they began working on amending the text. The fact that none of the political parties questioned the legitimacy of the certification process or the decisions taken by the Court was an affirmation of the new democracy’s …
The Court’s Decision 6 September 1996 Justice Kriegler, President Chaskalson and Justice Sachs in the Constitutional Court. Gallo Images / Robbie Schneider The Court’s judgment held that although the overwhelming majority of the clauses complied with the Constitutional Principles, there were nine instances where this was not the case. These ranged from failure of the …
The Judgment Considering the complexity of the case, it was a relative surprise that it took just two months for the judgment to be handed down. Unlike in the death penalty case, the first to be heard in the Court and in which each judge had written a separate judgment, this was a single decision …
The Final Day 11 July 1996 Poster as part of the Constitutional Assembly media campaign. Constitutional Assembly The Court agreed to extend the hearings for a further day to ensure that everyone felt adequately heard. Several of the advocates who had appeared in previous days in this milestone case reiterated their objections to certification going …
Week Two 7 – 11 July 1996 Jay Naidoo at the launch of COSATU, Durban. Paul Weinberg / Africa Media Online The labour provisions that had nearly brought down the Constitutional Assembly (CA) negotiations once again came under fire, this time in the court setting. Advocate Malcolm Wallis, for Business South Africa, sensitively dropped the …
President Mandela gives his State of the Nation address in Parliament. Mandela ends his address with the words, “Let us all get down to work”.
President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.
