Constitution

Madiba in 2008

The racial oligarchy (rule by the few) that characterised South African politics during the Apartheid era was, as an outcome of the multi-party negotiations (MPN) prior to the elections of 1994, replaced by a liberal – or constitutional – democracy. In a liberal democracy, individual rights are placed above group rights, which results in giving all citizens, regardless of racial ethnicity, religion or political persuasion, equality before the law and an equally weighted vote when voting age is reached. In contradistinction to the group’s rights system which preceded South Africa’s transition to democracy, all enfranchised individuals are seen as equals in the electoral process, there is universal suffrage (all mentally competent adults are given the vote) and all votes are used to form a representative legislative and executive authority.

A constitution is a set of foundational ideas and principles that are written down and collated into a single document, upon which the political system of a State is based. South Africa’s constitution is regarded as one of the most progressive in the world as it holds as its central values the ideals of human rights, freedom as the highest good, equality, and the tolerance of cultural, ethnic and religious difference. South Africa’s constitution contains its Bill of Rights, which guarantees thirty fundamental freedoms, including: universal franchise; the freedom of expression and speech; freedom of religion/assembly; the right to due process and administrative justice; and the right to the protection of property. The Bill further contains certain socio-economic rights guaranteed to all citizens, including: the right to housing; health care; water; and security. All the rights outlined in the Bill of Rights are binding upon individual persons and the state, and, in certain ways, upon the private sector (which sets the South African constitutional democracy apart from many other liberal democratic systems).

South Africa’s current constitution was adopted on the 4th of February 1997, and superseded the Interim Constitution of 1993 that guided South Africa through its transition to democracy. The Interim Constitution made provision for a 400 member National Assembly populated by democratically elected party representatives, and a 90 member Senate for provincial governance (under the current constitution the Senate is known as the National Council of Provinces). The Interim Constitution was the fourth national constitution, and was preceded by the Constitution of 1983 (spearheaded by the National Party under PW Botha) – a constitution which made allowance for a tri-cameral parliament that would give a disadvantageously disproportional parliamentary representation to the coloured and Asiatic populations. The 1983 constitution was itself preceded by the constitution of 1961: the document that came into place when South Africa left the British Commonwealth of Nations and became a Republic (a fundamental aim of the National Party since its ascendancy in 1948).

The current constitution, formally known as the “Constitution of the Republic of South Africa, 1996”, was put forward by then President, Nelson Mandela, in 1996 and adopted in 1997. It is the supreme law of the land, and all Bills and executive action must be in accordance with the constitution. The following excerpt is quoted from the Preamble to the Constitution, and is meant to demonstrate the spirit in which the constitution was conceived:

We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to —

Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhaṱutshedza Afurika. Hosi katekisa Afrika.