What were the apprehensions among the people of South Africa before the making of the constitution?(at least in 60-70 words)
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Political system and history
The territory of present day South Africa was formerly a British colony until its accession to independence, as a self governing dominion within the British Commonwealth in 1910. This was shortly after the British Parliament passed the South Africa Act (1909), merging the four British dependencies of Cape Colony, Orange Free State, Natal and Transvaal. Although the objective of the British in merging the dependencies was to unite South Africa and consolidate its imperialist interests, what resulted was a divided South Africa, with blacks excluded from political participation. This development fuelled discontent and racial conflict that would define the country's post colonial and twentieth century history. The practice of exclusionary politics was later institutionalised under the system of apartheid – an extreme form of legal segregation based on race, and enforced by the Nationalist Party government between 1948 and 1994. The year 1994 saw a sudden end to white minority rule as international pressure, democratic winds of change blowing across Africa, and an increasingly unmanageable and violent revolutionary forces within South Africa forced the Nationalist Party (NP) government of President F. W. de Klerk to introduce reforms. These reforms would result in the establishment of a constitutional democracy headed by the first non white president - Nelson Mandela - following his African National Congress (ANC)’s overwhelming win in the first multiracial elections in April 1994.
Constitutional history and development
South Africa’s constitutional history and development can be divided into three key phases: the period between 1909 and 1910, the period 1910 and 1990 and finally the period 1990 to present
The Independence Constitutional Development
The South Africa Act of 1909
The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of South Africa. This period was characterised by the enactment of the South Africa Act by the British Parliament, establishing an independent Union of South Africa comprising the territories of Cape Colony, Orange Free State, Natal and Transvaal. In reality, this was South Africa’s Independence constitution.
The Post independence Constitutional Development
The 1931 Statute of Westminster and the Status of Union Act of 1934
The South Africa Act of 1909 only granted independence to South Africa to the extent that British Crown would continue to be a ceremonial head of state represented on the ground by a Governor General. Consequently, certain Acts of the British Parliament continued to be applicable in South Africa. Independence was therefore limited only to matters of internal affairs. In 1931 however, the British Parliament enacted the Statute of Westminster which removed many constitutional limitations on all British dominions reducing the role and presence of the British Crown. Following this Statute, the South African Parliament passed the Status of Union Act of 1934 to the effect that no act of the British parliament could apply to South Africa unless endorsed by the Union parliament.
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