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 …
The Remainder of Week One 1 – 5 July 1996 Petition by Concerned South African Indian Citizens who were represented by Beema Naidoo in the Court. Constitutional Court Library Religious rights A common refrain in the Constitutional Assembly (CA) when the going got tough was, “Let the Court decide.” But the Court was firm about …
The First Day Continues 1 July 1996 Not surprisingly, it was mostly the contentious issues that had emerged during the drafting of the Constitution that were subsequently heard in the court chamber. The majority of the time on the first day was set aside for one of the most contentious issues of all – that …
The Hearings Case no CCT 23/96 1 July 1996 I call the case of the Certification of the Constitution of the Republic of South Africa. With these words spoken by Justice O’Regan’s law clerk, Yasmin Carrim, at precisely 10 a.m. in the temporary Court chamber in Braamfontein, the certification hearings began. The courtroom had been …
The Proceedings The Constitutional Assembly appointed a team of advocates to defend the draft text. Advocate George Bizos, a leading human rights advocate who had been involved in many high-profile political cases against the apartheid government, led a team consisting of Wim Trengove, Marumo Moerane, Nona Goso and Khomotso Moroka. Forty-eight advocates represented the objectors, …
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.
