How in South Africa draw up a constitution after the struggle
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The New Constitution was negotiated between May 1994 and October 1996 in the country's first democratically elected convention, the Constitutional Assembly. However, the demand for a democratic constitutional dispensation was not new, and was in fact as old as South Africa itself. The Constitution was not a product solely of negotiation in the Constitutional Assembly. Experiences in other parts of the world played a role in its development, and many of its provisions are the realisation of years of struggle and are imbued with historical significance.
The history of this constitutional development spans nine decades between two major milestones, both peace treaties that ended conflict and gave birth to new constitutional orders. The first was the Treaty of Vereeniging of 31 May 1902, which ended the Anglo-Boer War and laid the basis for the adoption of South Africa's first constitution. This constitution was drafted in an unrepresentative convention. The second was the 1993 interim constitution, which has also been described as a peace treaty that ended conflict. Like the previous peace treaty, it laid the basis for a new constitution, only this time it was to be drafted in a democratically elected convention, the Constitutional Assembly.
There have been four Constitutions in South Africa
In 1910 Britain decided to withdraw from the government of South Africa and handed the country over to the white residents of South Africa. These people were the British settlers and the Boers. The first Constitution for the Union of South Africa was adopted in 1910. This gave rights to the white minority but took away the right to vote of the majority of South Africans.
In 1960 the white government held a referendum to decide whether South Africa would become a Republic. On 31 May 1961 South Africa was declared a Republic and the government adopted the second Constitution. This also took away the rights of black people.
In 1983 the government passed the third Constitution. This Constitution created the tricameral parliament, which meant there was a separate parliament for the White, Coloured and Indian groups. This Constitution excluded black people and automatically made them citizens of the homeland where they were born. They had no rights outside these homelands.
In 1994, twenty-six parties negotiated and adopted an interim Constitution that gave the vote to everyone. This Constitution lasted for two years. During that time the elected government worked as the Constitutional Assembly and had to draw up a final Constitution
The history of this constitutional development spans nine decades between two major milestones, both peace treaties that ended conflict and gave birth to new constitutional orders. The first was the Treaty of Vereeniging of 31 May 1902, which ended the Anglo-Boer War and laid the basis for the adoption of South Africa's first constitution. This constitution was drafted in an unrepresentative convention. The second was the 1993 interim constitution, which has also been described as a peace treaty that ended conflict. Like the previous peace treaty, it laid the basis for a new constitution, only this time it was to be drafted in a democratically elected convention, the Constitutional Assembly.
There have been four Constitutions in South Africa
In 1910 Britain decided to withdraw from the government of South Africa and handed the country over to the white residents of South Africa. These people were the British settlers and the Boers. The first Constitution for the Union of South Africa was adopted in 1910. This gave rights to the white minority but took away the right to vote of the majority of South Africans.
In 1960 the white government held a referendum to decide whether South Africa would become a Republic. On 31 May 1961 South Africa was declared a Republic and the government adopted the second Constitution. This also took away the rights of black people.
In 1983 the government passed the third Constitution. This Constitution created the tricameral parliament, which meant there was a separate parliament for the White, Coloured and Indian groups. This Constitution excluded black people and automatically made them citizens of the homeland where they were born. They had no rights outside these homelands.
In 1994, twenty-six parties negotiated and adopted an interim Constitution that gave the vote to everyone. This Constitution lasted for two years. During that time the elected government worked as the Constitutional Assembly and had to draw up a final Constitution
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