These principles would guide the Constitutional Assembly (CA) which had to draw up the final Constitution. The Court identified the features that did not comply with the principles and gave its reasons for that view. The use of radio was even more effective than television in that it could reach more people in both rural and urban areas. Their relationship changed due to their discussions and agreements in three events. The Court's president, Justice Arthur Chaskalson, said the Constitution failed in several respects to satisfy the conditions thrashed out in multiparty talks. On 4 December, in Certification of the Amended Text of the Constitution of The Republic Of South Africa, 1996, it granted its unanimous approval. NP legislators continued to serve in the National Assembly and in the Senate. The final document had its origins in the interim Constitution, which required the Constitutional Assembly to adopt the new draft within two years and by a majority of at least two-thirds of its members.

The Pan-Africanist Congress (PAC) was established in April 1959 by members of ANC who rebelled against them. It was agreed that the 1996 draft constitution would have to be scrutinised by the Constitutional Court in order to ensure that it was consistent with the constitutional principles. This was where both sides accepted and committed to a democratically elected, five-year interim Government of National Unity which would be led by a political alliance. The parties present decided to use the name MPNP - - instead of CODESA. Previously, South Africa had three constitutions which were adopted in 1910, 1961 and 1983. After this the ANC stopped talks. The drafting and adopting of a new constitution would be dealt with by the transitional, bicameral parliament. President Mandela, too, accepted the NP departure as a sign of a "maturing democracy." The court discusses all of these aspects (of which only a few will be discussed below) and concludes with whether these powers and functions of the provinces under the amended text are less or inferior to those provided for in the Interim constitution which is a requirement contained in the constitutional principle XVIII.2. However, the demand for a democratic constitutional dispensation was not new, and was in fact as old as South Africa itself. The most important of this speech was when de Klerk announced that he intended to negotiate a new democratic constitution with his political opponents. The Constitutional Court's certification hearing began on 1 July.

There were three ways in which the participation process was addressed: community liaison, media liaison and advertising. This was the most transforming phase.

With the approach of the 1994 April elections the party attempted new ways in order to gain support from the Black majority of the country. On 20 and 21 December the first session of CODESA (Convention for a Democratic South Africa) was held. The Interim Constitution was restricted largely to civil and political rights as it contained the Bill of Rights which guarantees the rights protected by international human rights conventions. 87 of 1998 Constitution of the Republic of South Africa Second Amendment Act, No.

The state must respect, protect, promote and fulfil the rights in the Bill of Rights. When P.W Botha was the leader the NP started changing direction to first reform Apartheid and then to dismantle it. By September 1992, Mandela and de Klerk reached a Record of Understanding. More than thirty antiapartheid organisations were legalised and eight long-term political prisoners were released which included Mandela and Walter Sisulu. This was known as the famous “tea party.” This prevented any attempts by government to discourage these contact visits. The decision to release Mandela was one of the most important decisions and it astonished almost all of the observers.

The inclusive policies of the ANC was opposed and the Pan-Africanist Congress (PAC) was established in 1959 in order to press for Black political control. The advertisements which were made was with the messages such as “you’ve made your mark, now you have a say” and “it’s your right to decide your constitutional rights.” These advertisements were run on any possible form of media that the public would be able to gain access to. After the Minister of Justice Hendrik Coetsee (representative of President P.W. The National Assembly would continue to be the country's only directly elected house of parliament, but the Senate would be replaced by a National Council of Provinces. Other means of communication which were used were newsletters, television and radio programmes as well as an internet home page. The aim of this campaign was to make the public aware of the transitional process and to encourage the public to make submissions and objections to any of the aspects which they felt should have been included in the process. The focus of this piece would be on the position prior to the Interim constitution, the Interim constitution and the Final constitution. Sub-group 3 focused on free political participation. The text would have no legal force until the Constitutional Court had certified that all the provisions complied with these principles. The first multi-party meeting was named The Convention for a Democratic South Africa (CODESA I). Final Constitution of the Republic of South Africa 1996, The Case Against The Liberation Movements, Chapter 5 - The President and National Executive, Chapter 8 - Courts and Administration of Justice, Chapter 9 - State Institutions Supporting Constitutional Democracy, Schedule 2 - Oaths and Solemn Affirmations, Schedule 4 - Functional Areas of Concurrent National and Provincial Legislative Competence, Schedule 5 - Functional Areas of Exclusive Provincial Legislative Competence, Regional inequality in South Africa: Issues, measurements and policy implications, Part A: Inequality across regions and subregions, 2 Critical Considerations: A Framework For Growth, 5 Trade, Industrial And Small Enterprise Policies, 7 Public Investment And Asset Restructuring, The first hearing on certification: a summary of the judgment of the Constitutional Court 6 September 1996, Certification of the Constitution: a summary of the judgment of the Constitutional Court 4 December 1996, Growth, Employment and Redistribution (GEAR), Names: Mthetheli Crosby Kolela, Bafo Gift Ngqunge, Mabitana Mani, Name: Thabo Johannes Rahantlhane - Witness, 3. The agreement was described as a satisfactory agreement to allow for the old and the new to govern together and set up national control over the military. The problems with these constitutions are that they hardly took into account the multi-ethnic, multilingual and multicultural characteristics of a South African society. A steering committee and four sub-groups were created. To this extent, the process of drafting the Constitution involved many South Africans in the largest public participation programme ever carried out in South Africa. It was signed into law on 10 December 1996. ↵, [xix] South African History Online, The Soul of a Nation: Chapter 13- The public participation process, viewed 20 April, from http://www.sahistory.org.za/archive/chapter-13-public-participation-process#sthash.Azu73lbc.dpuf. They agreed that the CA had to follow these principles when it was writing the final Constitution. It was chaired by Devagie Govender and G.M. Some of the fundamental rights were right to life, human dignity, freedom of religion and the right of free association, language and cultural rights.

The ANC and COSATU decided to have a campaign of 'rolling mass action'. Its rules allowed political parties represented in the Assembly to present arguments on whether or not the Constitution should be certified. The writing of South Africa's Constitution was a long process that culminated in its adoption in December 1996.

It is clear that the constitution of South Africa is not one which is fool proof but there are instruments in place in order to ensure that there are solutions for instances which arise that was not anticipated by the drafters of the constitution.

3.

The Constitution of the Republic of South Africa The Constitution of the Republic of South Africa, 1996, was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997. The Interim Constitution or transitional Constitution was mainly intended to provide an "historic bridge" between the past and the future and facilitate the continued governance of South Africa, while an elected Constitutional Assembly drew up a final Constitution. It is ironic that some of the DP’s notions were adopted by the NP which consequently deprived the DP of some of its political base. enquiries@concourt.org.za. The CODESA Administration was headed by Murphy Morobe who was helped by Dr Theuns Eloff and staff consisting of civil servants from the department of constitutional development and the Consultative Business Movement. They also opposed the alliance which took place between the ANC and the SACP due to the fact that they rejected Marxist economic dogman. Finally, the court rejected the contention that the amended text 203 provided for a declaration of martial law. Convention for a Democratic South Africa (CODESA). This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. This service was available in English, Afrikaans, Tswana, Xhosa and Zulu. They were forcefully removed from their homes and their citizenship was removed. Sub-group 1, headed by Errol Moorcroft, was very much focused on get the views of citizens of the TBVC states; Sub-group 2, which focused on citizenship, was chaired by C.D. On May 8, 1996, the Constitutional Assembly completed two years of work on a draft of a final constitution, intended to replace the interim constitution of 1993 by the year 1999. Other rights that were included were labour rights and property rights. The ANC was able to compromise by agreeing to participate in the sharing of power arrangement for at least five years. The draft consisted of most of the provisions in the Interim constitution but there were differences which made them inconsistent and controversial to each other. The Groote Schuur Minute which was held in May 1990, the Pretoria Minute which took place in August 1990 and the D.F. A consensus was taken where the ANC leaders delivered a pledge that the armed struggle would be suspended, the government agreed that all political prisoners would be released and there was a mutual consensus on both sides to have further political reform through negotiation. The final drafting and acceptance of the Constitution The South African Constitution was drafted in terms of Chapter 5 of the interim Constitution (Act 200 of 1993).

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