Stalwarts of democracy and freedom - Mr. Nelson Rolihlahla Mandela, South Africa's President, flanked by Executive Deputy Presidents Mr. Thabo Mbeki (left) and Mr. FW de Klerk (photograph: Stuart Semple, SACS).
At midnight of 26 April 1994, the symbols of the old South Africa and the tricameral Constitution were discarded for good. On 27 April, the country woke up a new flag, a new anthem, Nkosi Sikilel' iAfrica, combined with Die Stem van Suid Afrika (The Call of South Africa), and a transitional Constitution. The birth of a nation was in progress.
South Africans of all races went to the polls together for the
first time in the country's history during the period 26 to 29
April 1994, to elect a Government of National Unity (GNU). Each
voter could cast two votes - one for the National Assembly and
one for the provincial government in the province in which he
or she resided. Of the 19 participating parties, only seven managed
to gain seats in the National Assembly. The African National
Congress (ANC), with 62,65 per cent of the national tally, fell
just short of the two-thirds majority margin (which would have
enabled it to write the final Constitution almost unopposed),
but gained for itself 252 seats in the National Assembly. In
the provinces: Mpumalanga, North-West, Northern Province, Free
State, Gauteng, Eastern Cape and Northern Cape. The Western Cape
went to the National Party (NP) and KwaZulu-Natal to the Inkatha
Freedom Party (IFP).
| Party | % | Seats |
| African National Congress (ANC) | 62,65 | 252 |
| National Party | 20,00 | 82 |
| Inkatha Freedom Party (IFP) | 10,5 | 43 |
| Freedom Front (FF) | 2,17 | 9 |
| Democratic Party (DP) | 1,73 | 7 |
| Pan Africanist Congress (PAC) | 1,25 | 5 |
| African Christian Democratic Party (ACDP) | 0,45 | 2 |
On 9 May, the 400 members of the National Assembly were sworn in Cape Town. The new Members of Parliament (MPs) unanimously elected Mr. Nelson Rolihlahla Mandela as President of the Republic of South Africa. Dr. Frene Ginwala was elected as Speaker. She is the first woman to hold this position in the history of the Parliament of South Africa.
Mr. Mandela officially assumed the highest office in the country on 10 May, when he was sworn in as the President of the Republic of South Africa at the Union Buildings in Pretoria. Earlier that same day, Messrs Thabo Mbeki and FW de Klerk were sworn in as Executive Deputy Presidents. The inauguration took place before the largest-ever gathering of international leaders on South African soil.
The Constitution of South Africa Act, 1993 (Act 200 of 1993), is the product of extensive and prolonged multiparty negotiations.
Although it was developed to provide for transition, this Constitution is alos intended to be the foundation for the final Constitution. The principles which provided the framework within which the 1993 Constitution was drafted are exactly these that are enshrined in the Constitution as the cornerstones of the next Constitution.
The Constitution is the highest and most important law of the country. No other law or government action can replace the provisions of the Constitution.
The Preamble to the 1993 Constitution states that the goal of the Constitution is to create a new order in which all South Africans will be entitled to a common South African citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.
To secure this goal, elected representatives of all people in South Africa should be mandated to adopt new Constitution according to the 34 Constitutional Principles, contained in Schedule 4 of the 1993 Constitution.
The Constitution also makes provision for the promotion of national unity and the restructuring and continued governance of South Africa while an elected Constitutional Assembly draws up a final Constitution.
An important feature of the Constitution is that fundamental rights are contained in Chapter 3. These rights protect the rights and freedoms of individuals. A Constitutional Court guards these rights and determine whether actions by the State are in accordance with the constituional provisions.
A GNU with a multiparty Cabinet has been appointed for five years. Government is structured at national, provincial and local levels. The powers of the legislative, the executive and the judicial authorities are separate from one another.
Parliament is the legislative authority and has the power to make laws for the country in accordance with the Constitution. It consists of a National Assembly and a Senate. Sittings take place in public. After the first election, Parliament will continue for five years as from the date of the first sitting of the National Assembly constituted by the Constitution.
The National Assembly consists of 400 members elected by a system of proportional representation. Each party has a number of seats based on the share of the votes gained by that party in the elections. Of the 400 members, 200 were elected on a national list and 200 on provincial lists.
The Senate consists of 10 senators for each province. Each Provincial Legislaturenominates senators in proportion to the party's support in that province.
Ordinary laws may be introduced in either the National Assembly
or the Senate and must be approved by both Houses. The adoption
of financial laws is the responsibility of the National Assembly.
There are special conditions for the apporval of laws dealing
with provinces.
Stalwarts of democracy and freedom - Mr. Nelson Rolihlahla Mandela, South Africa's President, flanked by Executive Deputy Presidents Mr. Thabo Mbeki (left) and Mr. FW de Klerk (photograph: Stuart Semple, SACS).
The President is the Head of State and leads the Cabinet. He is elected by the National Assembly among its members.
There are two Executive Deputy Presidents. Each party with at least 20 percent of the seats in the National Assembly is able to appoint an Executive Deputy President from among its members in the National Assembly. If only one party gains 20 per cent or more seats, the second biggest party is allowed to appoint an Executive Deputy President.
The Cabinet consists of the President, the Executive Deputy Presidents and not more than 27 Ministers appointed by the President.
A party with at least 5 percent of the seats in the National Assembly which decides to take part, may have one or more Cabinet posts based on the number of seats it holds.
The President appoints Ministers to specific posts in consultation with the Executive Deputy Presidents and the participating party leaders. The Constitution of the Republic of South Africa Fourth Amendment Act, 1994 (Act 14 of 1994) provides for persons, who are not Mps, to be appointed as Cabinet Ministers. After consultation, the President may appoint Deputy Ministers if deemed necessary.
In terms of the 1993 Constitution, traditional authorities and indigenous laws will be fully recognised. A Council of Traditional Leaders has been established, consisting of 20 members elected by traditional authorities. The Council advises the Government on traditional issues and matters of national interest.
Each of the six provinces in which there are traditional authorities will establish a House of Traditional Leaders to advise the Provincial Legislature of Government.
The Volkstaat Council Act, 1994 (Act 2 of 1994) was passed in November 1994. The act formalises the body set up by the 1993 Constitution to investigate the concept of a nation-state for Afrikaners.
The provinces created in terms of the Constitution brought about
a sew system of second-tier government. The position of provincial
and of local government, which is recognised as a separate level
of government, is entrenched in the Constitution.
Each of the nine provinces has its own Legislature consisting
of between 30 and 100 members depending on the size of the population.
They are elected in terms of proportional representation. The
Executive Council of a province consists of a Premier and a number
of Ministers. Besides being able to make provincial laws, a Provincial
Legislature may adopt a constitution for its province if two-thirds
of its members agree. However, a provincial constitution must
correspond with the final national Constitution as confirmed by
the Constitutional Court.
Local government is given critical importance in the Reconstruction and Development Programme (RDP) as it is the level of representative democracy closest to the people. Local government often involves the allocation of resources directly affecting communities.
The Local Government Transition Act, 1993 (Act 209 of 1993, amended by Act 34 of 1994) provided for the start of this process with the establishment of transitional councils, and the creation of a framework for the first non-racial local government elections which wereheld during the second half of 1995. An estimated 800 segregated local authorities had to be amalgamated into approximately 300 new local authorities should embark on programmes to restore, maintain, upgrade and extend networks of services.
The RDP states that the final Constitution should be drawn up in an open and transparent manner, and enforce RDP goals. The 1993 Constitution states that the National Assembly and the Senate should join to form the Constitutional Assembly (CA) which will write and adopt the final constitutional text within two years. Should the CA fail to adopt the final constitutional text by a two-thirds majority at its first attempt, special procedures to resolve the matter will be followed, such as a referendum or an election.
The Constitutional Court must formally declare that the final Constitution complies with the 34 Constitutional Principles, which are contained in Schedule 4 of the 1993 Constitution, drawing the boundaries within which the country's newly elected negotiators must operate. In October 1994, a broad framework was adopted which doubles the time to be spent on drafting the new constitution. Central to the framework is a R36 million public participation and media campaign to produce a credible and enduring Constitution.
The date 24 May 1994 signaled a turning point in the history of South Africa. On this day, the new President of the country, Mr. Nelson Rolihlahla Mandela, officially opened Parliament and spelt out the new Government's view of a 'people-centered society'. Through its RDP the GNU would see to it that the dream of a new South Africa was kept alive.
The RDP is the most significant statement on South African society since the ANC's Freedom Charter was adopted in 1955. On 15 November 1994 the White Paper on Reconstruction and Development was tabled in Parliament and on 23 November 1994 this White Paper was published in the Government Gazette by the Ministry in the Office of the President for general information.
The RDP is an integrated socio-economic policy framework which seeks to mobilise all the people and resources toward the building of a democratic, non-racial and non-sexist future. The objective of the RDP is that the people should govern. The RDP's vision is one of democratising power, which means that all South Africans must have access to pwer and the right to exercise their power. Democratisation requires modernising the structures and functioning of Government in pursuit of the objectives of an efficient, effective, responsive, transparent and accountable Government.
Ensuring true gender equity is another central component in the overall democratisation of society. The RDP emphasises that special attention must be paid to the empowerment of women in particular. Special attention is also paid to people with disability. The Government's approach has move away from care and welfare to a developmental approach.
Apart from the strategic role of the Government in the RDP, mass participation is essential. Trade unions, sectoral social movements and community-based organisations must be encouraged to develop RDP actions and campaigns with their own sectors and communities.
Trade unions and other organisations must be actively involved in democratic, public-making. This includes involvement in negotiations ranging from the composition of the Constitutional Court to international trade and loan agreements.
Institutions of civil society should be encouraged to improve their accountability to their various constituencies and to the general public. Overall, the rights of individuals should be protected and guaranteed in the process of government.
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