Constitution of South Africa

“ Although South Africans have a history of deep divisions characterised by strife and conflict, one shared value and ideal that runs like a golden thread across cultural lines, is the value of ubuntu—a notion now coming to be generally articulated in this country. It is well accepted that the transitional Constitution is a culmination of a negotiated political settlement. It is a bridge between a history of gross violations of human rights and humanitarian principles, and a future of reconstruction and reconciliation. ”

“ And while all creation stands aghast beside the gaping graves, by rivers of blood, mourning with us the loss of some of the greatest Englishmen that ever lived, South Africa, having constituted herself the only vandal State, possesses sufficient incompassion to celebrate the protection conferred on her by the British Fleet and devote her God-given security to an orgy of tyranny over those hapless coloured subjects of the King, whom the Union constitution has placed in the hollow of her hands. ”

“ The point is well illustrated by looking at the composition of the convention, which, in its sessions at Durban, Cape Town, and Bloemfontein, put together the present constitution. South Africa, from its troubled history, has proved itself a land of strong men. But it was reserved for the recent convention to bring together within the compass of a single council-room the surviving leaders of the period of conflict to work together for the making of a united state. ”

“ For apartheid was a denial of a common humanity. Black people were refused respect and dignity and thereby the dignity of all South Africans was diminished. The new constitution rejects this past and affirms the equal worth of all South Africans. Thus recognition and protection of human dignity is the touchstone of the new political order and is fundamental to the new constitution. ”

“ There is power to alter the Constitution with the consent of a majority of the electors in a majority of the States and of a majority of the electors of the Commonwealth (sect. 123) —a power which has been freely used.
The case of South Africa is sometimes cited as a precedent for loosening the bonds in the United Kingdom. It is a strong precedent for closer union. The South Africa Act, 1909, created in fact as well as in name, not a Federation but a true Legislative Union. ”

“ The Republic of South Africa Constitution Act, 1983 repealed most of the 1961 Act on 3 September 1984, and replaced it as South Africa's constitution. The unrepealed remainder of the 1961 Act was renamed, becoming the Provincial Government Act, 1961. ”

“ If I may venture to make a suggestion, the affairs of South Africa should be controlled by a Board or Council, like that which formerly governed India, composed of moderate members of both parties, with an admixture of men possessing practical knowledge of the country. I do not know if any such arrangement would be possible under our constitution, but the present system of government, by which the control of savage races fluctuates in obedience of every variation of English party politics, is most mischievous in its results. ”

“ The determinative test will be the values we find inherent in or worthy of pursuing in this society which has only recently embarked on the road to democracy. Already South Africa has lagged behind. The Constitution now offers an opportunity for South Africans to join the mainstream of a world community that is progressively moving away from punishments that place undue emphasis on retribution and vengeance rather than on correction, prevention and the recognition of human rights. ”

“ And whereas in order to secure the achievement of this goal, elected representatives of all the people of South Africa should be mandated to adopt a new Constitution in accordance with a solemn pact recorded as Constitutional Principles ”

“ Chairman, are two too many-the high cost of apartheid.
The new constitution is an instrument of the politics of exclusion I referred to earlier. Seventy-three percent of South Africa's population, the blacks, have no part in this constitution, which mentions them quite incredibly only once. ”

“ At this time the Governor of Natal, as representing the King, was Supreme Chief of the Zulus in that Colony. The Natives lived happily under these protecting reservations, and the white people had no complaint against the just restraint of the Imperial suzerainty.
In 1909, His Majesty's Government passed the Union Constitution, sweeping away all these safeguards. In that Act they practically told South Africa to do what she liked with the Natives in these three Colonies and South Africa is doing it. Where, then, is this "growing spirit"? ”

“ On the other hand, it is quite unanimous that there is to be no question of equality, either social or political, between the white and the black races. Nor is there in practice any question of social equality in any part of South Africa. The question, however, of the political rights of natives has been hopelessly complicated by the divisions of the white population in the past The constitution granted to Cape Colony in 1858 admitted the natives to the franchise on equal terms with the white inhabitants—that is to say, with a low property and educational qualification. ”

“ Every court of law existing immediately before the commencement of this Constitution in an area which forms part of the national territory, shall be deemed to have been duly constituted in terms of this Constitution or the laws in force after such commencement, and shall continue to function as such in accordance with the laws applicable to it until changed by a competent authority. ”

“ 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. ”

“ No native franchise exists in South Africa, and although certain members of the Union Senate are presumed to keep an eye on native questions their influence has proved ineffective. No appeal exists under the Union Constitution to the Crown as regards Native rights, for although this omission was pointed out at the time the Act of Union was debated in the Imperial Parliament and was adversely commented on, no steps were taken by the Colonial Office to rectify the constitution in this respect. ”

“ This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. (2)
The state must respect, protect, promote and fulfil the rights in the Bill of Rights. (3)
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application
8. ”

“ To amend the Republic of South Africa Constitution Act, 1961, in order to abolish the requirement that the State President’s recommendation be obtained in respect of any appropriation, in so far as that requirement applies in respect of an appropriation initiated by a Minister. ”

“ In the period which has elapsed since the establishment of British rule at the Cape the law has been considerably modified and altered, both by legislation and by judicial decisions, and it is not too much to say that at the present time there exists hardly any material difference in principle over the greater part of the field of jurisprudence between the law of England and the law of South Africa. ”

“ The Imperial system requires local independence, and in due course this will be extended to all parts of South Africa. A necessary interregnum is required for purposes of true liberty and sound rule, in order that breakdown may be prevented and true constitutionalism take the place of the tyranny of any section of the population. ”

“ And certainly, if such a union of neighbouring Colonies is anywhere a desirable thing, it is more than usually desirable here; for South Africa is essentially one social and economic whole, and the State jealousies are a real drawback to her prosperity. There has never been any question of the internal advantages of federation. Men talked of it so long ago as the seventies—and that is a long time in the history of South Africa—and Lord Carnarvon's abortive Act provided the necessary machinery. ”

“ The hour has struck which will decide whether South Africa, in jealously guarding its liberty, will enter upon a new phase of its history, or whether our existence as a people will come to an end, whether we shall be exterminated in the deadly struggle for that liberty which we have prized above all earthly treasures, and whether South Africa will be dominated by capitalists without conscience, acting in the name and under the protection of an unjust and hated Government 7,000 miles away from here. ”

“ The form of government of this State shall be that of a republic. ARTICLE 3. It desires to be recognized and respected by the civilized world as an independent and free people. ARTICLE 4. The people seek for no extension of territory, and desire it only in accordance with just principles, when the interest of the Republic makes such extension desirable. ARTICLE 5. The people desire to retain and maintain their territory in South Africa unimpaired. The boundaries thereof are fixed by proclamation. ARTICLE 6. Its territory is open for every foreigner who obeys the laws of this Republic. ”

“ I am convinced that the majority of South Africans are anxious to see a ‘United South Africa,’ and I believe they will see it before long. I cannot, of course, speak for the Dutch; but I am sure that every ‘Britisher’ in Natal and in Rhodesia, and nine out of every ten ‘Britishers’ in the rest of South Africa, are in favour of federation. The great problems of South African development can only be completely solved by a central authority. ”