Constitutional Committee

46 Members

The 46-member multi-party Constitutional Committee was one of the first structures set up by the CA to act as a central co-ordinating body in the constitution-making process, and to negotiate the draft text of the Constitution. This Committee received reports from the Theme Committees and in turn, prepared reports for the CA in plenary. Political parties were represented as follows – ANC (26), NP (9), IFP (4), DP (1), PAC (1) and ACDP (1). The Committee’s manageable size made quick decision-making easier. This structure ultimately allowed the tight deadlines to be met but the challenge was still daunting:

We were overwhelmed, and to some extent frightened by the nature of the assignment … We had to conceptualise the process and set up an administration simultaneously. I think it was a sheer stroke of good fortune – our stars were in the right constellation – that we were successful, that we were able to make reality out of dreams and political rhetoric.

Hassen Ebrahim

then Executive Director of the Constitutional Assembly

The Constitutional Committee met in the old House of Assembly chamber of Parliament. This room, with its heavy wood paneling and green leather seating, had been the citadel of white power for ninety years. “It was the bull-ring, the cockpit of all the political struggles,” explained Colin Eglin, an opposition MP under the old order for thirty years. “It was the very room in which Dr Verwoerd was assassinated; the room in which the old United Party split and Hertzog and Smuts parted ways on the war issue; the room Malan walked into in May 1948 as the new National Party Prime Minister of South Africa. It is where Vorster, Botha and then later De Klerk governed from.” It was now to become the space where all the important decisions regarding the new Constitution would be taken.

Leon Wessels admitted that the National Party (NP) carried the burden of their history in this chamber and were more challenged than the other parties to some extent: “The NP had to transform itself and make a claim on issues which were not part of their armory in the decades that preceded that. The party is still coming to grips with its own past and, in doing so, projecting itself into the future. The ANC and DP had more of a history with some of the issues of federalism and individual rights.”

Piet Marais who had taken part in the Tricameral Parliament as a member of a separate chamber preserved for representatives of people classified as ‘Coloured’, added that the NP also had to get used to a completely new modus operandi: “In the past, the debates tended to be worthless because the majority party made the decision somewhere in Cabinet. Even we, as ordinary members of Parliament, were not much more than rubber stamps. We listened in our caucus to what Cabinet decided and then we came in here and we supported that. Now the whole situation is much more transparent and there’s a lot more participation, also from the public at large.”

Members of the Constitutional Committee

Cyril Ramaphosa (Chairperson); Leon Wessels (Deputy Chairperson); Cornelius Ackermann; Mlangeni Andrew (alt); Kadar Asmal; Mohammed Bhabha; Sheila Camerer (alt); Ohm Chabane; David Dalling (alt); Samuel De Beer (alt); Johannes De Lange; Patricia de Lille (alt); Dirk Du Toit; Collins Eglin; Andrew Fourie; Geraldine Fraser-Moleketi; Frene Ginwala; Ntsiza Gogotya; Pravin Gordhan; Louis Green (alt); Petrus Groenewald (alt); William Hofmeyr; Sango Holomisa; Joyce Kgoali; Baleka Kgositsile; Tersia King; Luwellyn Landers (alt); Mbengeni Ligege; Desmond Lockey; Janet Love; Brigitte Mabandla; Penuell Maduna (alt); Maharaj M (alt); Ndaweni Mahlangu; Mninwa Mahlangu; Dan Makhanya; David Malatsi  (alt); Nosiviwe Mapisa-Nqakula (alt); Pieter Marais; Johannes Maree (alt); Shepherd Mdladlana (alt); Kenneth Meshoe; Roelof Meyer; Mohammed Moosa; Mohammed Moosa  (alt); Linda Mti (alt); Lionel Mtshali; Cornelius Mulder; Pieter Mulder (alt); Yvette Myakayaka-Manzini; Sipho Mzimela; Bulelani Ngcuka; Buyisile Nzimande; Omar D (alt); Essop Pahad; Naledi Pandor; Jakobus Rabie; Ruth Rabinowitz; Selby Ripinga; Nozizwe Routledge-Madlala (alt); Stefanus Schoeman (alt); Jennifer Schreiner (alt); David Schutte; Sybil Seaton (alt); Wally Serote (alt); Lindiwe Sisulu (alt); Sifora TV; Richard Sizani; Zola Skweyiya (alt); Peter Smith; Peter Steenkamp (alt); Mohammed Surty (alt); Raymond Suttner; Louis Swanepoel (alt); Ismail Vadi (alt); Alexander Van Breda; Frederik Van Deventer; Frederik Van Heerden (alt); Constand Viljoen.

Staff

Margaret Keegan, Minute Secretary; Laetitia Meter, Administrative Secretary.

Sub-committee of the Constitutional Committee

A smaller, permanent Sub-Committee of the Constitutional Committee, was set up in June 1995 to facilitate negotiation between political parties. This proved to be an extremely effective structure because of its size and ability to meet frequently. The Sub-Committee was not a decision-making structure and reported directly to the Constitutional Committee. The permanent members of the Sub-Committee included: Cyril Ramaphosa (Chairperson); Leon Wessels (Deputy Chairperson); Louis Green; Kenneth Meshoe (alt); Mohammed Moosa; Yvette Myakayaka-Manzini; Ohm Chabane; Colin Eglin; Kenneth Andrew (alt); Cornelius Mulder; Petrus Groenewald; Roelof Meyer; Pieter Marais; Samuel De Beer (alt); Alexander Van Breda (alt); Jakobus Rabie (alt); Tersia King (alt); Richard Sizani; Patricia De Lille P (alt).

EXPLORE THE ARCHIVE

Audio Visual

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”.

“We must construct that people-centred society of freedom in such a manner that it guarantees the political and the human rights of all our citizens.”– President Mandela, extract from State of the Nation Address, 24 May 1994

President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.

“There was pride in serving in the first democratic government in South Africa, and then the additional pride of serving under the iconic leadership of Nelson Mandela … [He] represented the hopes of not just our country, but of oppressed, marginalised and the poor in the world.”– Jay Naidoo, then Minister of RDP housing
“We place our vision of a new constitutional order for South Africa on the table not as conquerors, prescribing to the conquered. We speak as fellow citizens to heal the wounds of the past with the intent of constructing a new order based on justice for all.”– President Nelson Mandela, 10 May 1994