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Appointing Judges

Appointing Judges This method of selection of appointing judges to the Constitutional Court created much debate. In the Technical Committee’s Twelfth Report, it was initially proposed that an independent Judicial Services Commission appoint all judges – except those for the Constitutional Court. It was argued that a different approach was needed, one which recognised the …

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The powers of judicial review

The powers of judicial review In making this historic decision of establishing a new and independent court, the negotiators effectively put an end to parliamentary sovereignty. Since 1910, parliamentary sovereignty had been the country’s governance system, which had allowed the whites-only legislature to enact apartheid laws without the scrutiny of a court that had the …

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The institutional nature of the Constitutional Court

The institutional nature of the Constitutional Court The journey towards this decision had several steps and was altered under the final Constitution: Sensitive to the possibility that the Appellate Division might feel undermined by a new separate court with considerable powers, the negotiators at first proposed that the Appellate Division should remain the final arbiter …

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Administration

Administration Cyril Ramaphosa decided that he couldn’t rely on the already overstretched parliamentary administration to undertake the responsibility for the Constitutional Assembly. They needed to establish their own administration. Ramaphosa immediately approached Hassen Ebrahim, a senior ANC official throughout the Convention for a Democratic South Africa (CODESA) process and who had been a senior official …

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Management Committee

Management Committee 12 Members The Management Committee shaped the constitution-writing process at its weekly 8 a.m. meetings in V16, the room used for state security briefings in President PW Botha’s time. From left, deputy executive director Marion Sparg, General Constand Viljoen (FF), Colin Eglin (DP), Mavivi Myakayaka-Manzini (ANC), Mohammed Valli Moosa (ANC), executive director Hassen …

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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