The New (Final) South African Constitution

Abstract

Democratization in the South African context is essentially a state-building process, in which constitution-making plays an important part. The transition from apartheid manifested itself in two concurrent processes, namely establishing a power-sharing, interim period as well as negotiating a new constitution. The first phase in the transition process, consisting of two phases, to a large extent has determined the outcome of the final constitution in the form of 34 Constitutional Principles. The second phase is directed by the elected Constitutional Assembly (CA), which has become an institutionalized process largely detached from the population. Two concurrent processes in the final transitional phase, in addition to the CA, are the quest for white, ethnic self-determination deliberated by the statutory Volkstaat Council, and the call for international mediation by the Inkatha Freedom Party (IFP). Mediation is viewed by the IFP as an alternative negotiating strategy in order to circumvent the CA in which it has a weak bargaining position. The negotiating process has also been characterized by political violence in which the IFP is prominent. Violence in the South African context could be viewed as symptomatic of the transition (political development), but could also be interpreted as part of a negotiating strategy.