Discuss the reservation of whites and blacks in making the constitution of South Africa.what was its outcome?
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Answers
Answer:
Explanation:
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993.[1]
Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the passage of the Citation of Constitutional Laws Act,[2] neither it nor the acts amending it are allocated act numbers.The South Africa Act 1909, an act of the Parliament of the United Kingdom, unified four British colonies – Cape Colony, Transvaal Colony, Orange River Colony and Natal Colony – into the Union of South Africa, a self-governing Dominion.
The Republic of South Africa Constitution Act, 1961 transformed the Union into a Republic, replacing the Queen with a State President, but otherwise leaving the system of government unchanged.
The Republic of South Africa Constitution Act, 1983 created the Tricameral Parliament, with separate houses representing white, coloured and Indian people but without representation for black people. The figurehead State President and executive Prime Minister were replaced by an executive State President.
The Constitution of the Republic of South Africa, 1993 or Interim Constitution was introduced at the end of apartheid to govern the period of transition. It introduced universal adult suffrage, constitutional supremacy and a bill of rights.
Negotiations
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An integral part of the negotiations to end apartheid in South Africa was the creation of a new constitution. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to a referendum.[3][4]
Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The parties agreed on a process whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution.[3] The CODESA negotiations broke down, however, after the second plenary session in May 1992. One of the major points of dispute was the size of the supermajority that would be required for the assembly to adopt the constitution: The NP wanted a 75 per cent requirement,[4] which would effectively have given it a veto.[3]
In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed the development of a collection of "constitutional principles" with which the final constitution would have to comply, so that basic freedoms would be ensured and minority rights protected, without overly limiting the role of the elected constitutional assembly.[4] The parties to the MPNP adopted this idea and proceeded to draft the Interim Constitution of 1993, which was formally enacted.
The Interim Constitution provided for a Parliament made up of two houses: a 400-member National Assembly, directly elected by party-list proportional representation, and a ninety-member senate, in which each of the nine provinces was represented by ten senators, elected by the provincial legislature. The Constitutional Assembly consisted of both houses sitting together, and was responsible for drawing up a final constitution within two years. The adoption of a new constitutional text required a two-thirds supermajority in the Constitutional Assembly, as well as the support of two-thirds of senators on matters relating to provincial government. If a two-thirds majority could not be obtained, a constitutional text could be adopted by a simple majority and then put to a national referendum in which sixty per cent support would be required for it to pass.The Interim Constitution contained 34 constitutional principles with which the new constitution was required to comply. These included multi-party democracy with regular elections and universal adult suffrage, supremacy of the constitution over all other law, a quasi-federal system in place of centralised government, non-racism and non-sexism, the protection of "all universally accepted fundamental rights, freedoms and civil