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Politikon
South African Journal of Political Studies
Volume 28, 2001 - Issue 1
133
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Original Articles

Finalizing the South African Constitution: The politics of the Constitutional Assembly

Pages 47-63 | Published online: 18 Aug 2010

  • Friedman , S. , ed. 1993 . ne Long Journey , Johannesburg : Centre for Policy Studies . Three standard texts on the negotiations do not, for obvious reasons, cover the CA process at all, see
  • Friedman , S. , ed. 1994 . The Small Miracle: South Africa's Negotiated Settlement , Johannesburg : Ravan Press .
  • Sisk , T. 1995 . Democratisation in South Africa: The Elusive Social Contract , Princeton, PA : Princeton University Press .
  • Spitz , R. and Chaskalson , M. 2000 . The Politics of Transition: A Hidden History of South Africa's Negotiated Settlement , Johannesburg : Witwatersrand University Press . The CA is discussed only in a brief postscript in Spitz and Chaskalson (2000), and they do not elaborate on the political dynamic. The exception is the volume by Hassen Ebrahim (1998) in which he details the South African constitutional development during the 20th century, however without a coherent analytical approach. See,
  • Ebrahim , H. 1998 . The Soul of the Nation: Constitution-Making in South Africa , Cape Town : Oxford University Press .
  • Strand , P. 2000 . Decisions on Democracy: The Politics of ConstitutionMaking in South Africa 1990-1996 , Department of Government, Uppsala University . This article is an edited and shortened version of the fifth chapter of my PhD thesis in Political Science presented at the Department of Government at Uppsala University, Sweden, in May 2000. The thesis is a rational-choice interpretation of the whole of the constitution-making process. Arguments are made as to how the process and the various agreements were shaped by the logic of the strategic interaction over what should be the balance between majoritarian democracy and constitutionalism in the constitution for a democratic South Africa. See
  • Ibid., § 74.
  • ANC . 1995 . Policy proposal for the final constitution . 23 June
  • ANC . 1995 . Policy proposal for the final constitution . 23 June
  • ANC . 1995 . Policy proposal for the final constitution . 23 June : 8
  • Ibid., p. 11.
  • DP . 1995 . Socio-economic rights , 25 April : 1
  • ANC . 1995 . Building a United Nation: ANC Policy Proposal for the Final Constitution, submission to the CA . 23 June
  • Ibid., p. 3.
  • Ibid., p. 2.
  • The new commission was thus a consequence of the 34th constitutional principle that had been the crucial concession to the right wing prior to elections in April 1994. The minutes from the Constitutional Committee meeting reflect the importance awarded to the agreement by all parties. The minutes note delegates referring to the agreement as an 'enormous breakthrough' and to the meeting as a 'historic moment': 'General. Viljoen of the FF thanked other parties for their cooperation and for this historic occasion which ensured cultural promotion and self-determination through the recognition of group rights and a cultural commission'; Minutes of the 38th meeting of the Constitutional Committee, 18-19 April 1996, paragraph 13, at 13.5.
  • Ibid., Col. 146.
  • Omar , Dullah . 1996 . Hansard, Debates of the Constitutional Assembly, Na , 1 23 April Col. 153
  • Omar , Dullah . 1996 . Hansard, Debates of the Constitutional Assembly, Na , 1 23 April Col. 153
  • de Klerk , FW . 1996 . Hansard, Debates of the Constitutional Assembly . 23 April Col. 93
  • Minutes of the 42nd meeting of the Constitutional Committee, 1-2 May 1996, §§4.1 (xvii); 6.2 (v).
  • At this juncture the parties agreed on yet another procedural change, thus providing a short-cut that allowed for late, very late, amendments to be adopted by the CA; Minutes of Management Committee Meeting, Monday 6 May 1996, §4.
  • Minutes of the Constitutional Committee meeting on 7 May 1996.
  • Ibid., §2.12.
  • Ibid., § 3.
  • Minutes of the Constitutional Committee meeting on 7 May 1996, §4.
  • PG Marais, Hansard, Debates of the Constitutional Assembly, 17 September 1996, Col. 467.
  • D Gibson, Hansard, Debates of the Constitutional Assembly, 17 September 1996, Cols 469-470.
  • 10 October 1996 . Minutes of the Constitutional Committee 10 October ,
  • Eglin , Colin . 1996 . Hansard, Debates of the Constitutional Assembly . 11 October Col. 489
  • Eglin , Colin . 1996 . Hansard, Debates of the Constitutional Assembly . 11 October Col. 490

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