Part 3: Negotiated Constitutional Revolution lecture notes & summaries

PART 3: THE NEGOTIATED CONSTITUTIONAL REVOLUTION

Lecture slides

 Constitutitons of sa
> Union const of 1910
> Republic const of 1961
> Tricameral const of 1983
> Interim const act 200 of 1993
> Const of the rsa 1996
 Ch 16 interim const 1993 = this constitution provides a historic bridge between the
past of a deeply divided society characterized by strife, conflict, untold suffering +
injustice
 The adoption of this const lays a secure foundation for the people of sa to transcend
the divisions + strife of the past, which generated gross violations of human rights, the
transgression of humanitarian principles in violent conflicts + a legacy of hatred, fear,
guilt + revenge
 ANC (1912); SACP; SAIC; UDF; Black Consciousness movement; AZAPO; PAC;
trade unions (COSATU)
> Resisting apth
 1952 defiance campaign
 Freedom charter (1955)
 Sharpeville massacre
 Rivonia trial 1963-1964
 Soweto uprising 1976
 1976 onwards: resistance against apth system grew stronger, repression of political
dissent on the part of NP gvmt intensified
 1980s: brink of a revolution
 Peaceful 2 stage transition
 Important catalysts:
> Freedom charter 1955
> Constitutional guidelines for a democratic SA 1988 (ANC)




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, > Harare declaration of 1989
× All people will be able to participate in gvmt on the basis of universal
suffrage, exercised through one person, one vote, under a common
voters’ roll
× ‘all shall have the right to form and joing any political perty of their
choice provided that this is not in furtherance of racism’
× ‘all shall enjoy universally recognized human rights, freedoms and
civil liberties, protected under an entrenched Bill of Rights’
× Contained conditions for the negotiations to start
> Ready to govern: ANC policy guidelines for a democratic SA (31 Mary 1992)
× After ANC + PAC was unbanned + nelson mandela was released, the
ANC took the opportunity to set out its position
× In these guidelines, 2 things were settled:
 Constitutional supremacy
 Judiciary would enforce rights in the constitution

Run up to 2 stage transition:

 CODESA (congress for a democratic SA); ANC; NP
> Late 1991
> Tasked w/ drafting interim constitution
 Declaration of intent 21 december 1991
> Mirroring some aspects of Harare declaration
> ANC walked out in June 1992
 Multi-party negotiating forum (MPNF)

Drafting a new constitution

- Issues involved:
> No one elected to represent by universal adult suffrage, no credible body
(ANC)
> Democratically elected body might not sufficiently address anxieties (NP),
may subvert objectives of a negotiated settlement
> Paradox, therefore compromise + 2 stage transition




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