South African Constitution of 1983

The South African Constitution of 1983 ( English: Republic of South Africa Constitution of 1983) was adopted with the Republic of South African Constitution Act (Act No. 110/1983. ) And entered into force on 3 September 1984. In the constitutional history of South Africa, they brought a comprehensive constitutional reform and established a three-chamber parliament. The former Prime Minister Pieter Willem Botha came in this way to the office of President of the Republic of South Africa and received sweeping powers, as they had not been given up to this point by applicable law. The concept of the state of the underlying constitutional reform apartheid reached as across national borders awareness. Generally this resulted in a further strengthening of the legislative supremacy of the white minority population in the country.

6.1 Section 1, Continued existence of Republic of South Africa
6.2 Section 2, Sovereignty and guidance of Almighty God acknowledged
6.3 Section 10, Acting President
6.4 Section 11 Oath of office by Acting State President and State President
6.5 Section 29, Seat of Government
6.6 Section 36, Seat of Legislature
6.7 Section 49 Method of dividing provinces into electoral divisions
6.8 Section 52 franchise
6.9 Section 61, a quorum
6:10 Section 65, Powers of the Minister and Their Deputies in House
6:11 Section 68, Constitution and powers of the Supreme Court of South Africa
6:12 Section 73 Remuneration and allowances of members
6:13 Section 80, All Revenues vest in State President
6:14 Section 89, Equality of official languages
6:15 Section 93, Administration of Black affairs

Prehistory

Preliminary work on constitutional reform

During the year 1982, the President's Council, briefly PC, advised ( German about: Präsidalrat or presidential council ) three working papers for constitutional reform, mainly the proposals from the circles of the ruling National Party of 1977 and the Schlehbusch Commission recommendations (Commission of Inquiry into the Constitution ) of 1980 were followed. On 12 May 1982, the President's Council presented its proposals on this matter in public.

These three reports were:

The first report of the Constitutional Committee ( Constitution Committee )
Report of the Joint Committee, consisting of the Planning Committee ( Planning Committee ) and the Committee for Community Relations (about: Committee on Community Relations), as well as
The Joint Report of the Committee for Economic Affairs (Committee on Economic Affairs ) and the Constitutional Committee.

The tenor in these papers tended to absolutely necessary political reform of the state. They formulated the right to "equal civil and political rights," the intention to eliminate the dominant group effects as well as a desired reflection of ethnic pluralism. A unitarian state on the basis of one man one vote was not considered feasible.

Referendum 1983

With a referendum among the white population of South Africa, the first opinion on the proposed constitutional reform emerged. Prime Minister Botha intended for the conduct of the referendum November 2, 1983. Though there was criticism from the left and from conservative to right-wing groups to the Constitutional project, walked out of the vote an affirmative vote result forth.

The question on the ballot was:

To the referendum were 2.7133 million (white ) voters approved. It voted nationwide 1,360,223 persons ( 65.95 percent) with Yes and 691 577 persons ( 33.53 percent) against. There were 10,699 invalid votes, which were 0.52 percent. Consequently, took part in the referendum not Abstimmberechtigte 650 831, which corresponds to a participation of 76 percent.

Following the public debate and the vote of the Constitutional Committee of Präsidalrat presented a second report on 22 November 1984.

Final preparations

The reigning Präsidalrat or Presidential Council ( president 's council) was an advisory body, which had been appointed in February 1981. It consisted of representatives of the parties represented in parliament. With the transition to the new three-chamber system, the previous committee disbanded 30 June 1984. In its final report mentions the Constitutional Committee of the President's Council, that he understood his task as promoting a " consensual style of debate and decision-making " in the new parliament.

Adjustments in the legal system

The Parliament of the expiring term, nor on the basis of the previous Constitution by the Republic of South Africa Constitution Act of 1961, acting, had to take decisions to amend existing regulations to the legislative preparations for the new and differentiated parliamentary system. These were laws that touched on the electoral system, constitutional law, parliamentary work including related aspects of financial management and adapting to this new constitutional objective. Specifically, the following change laws concerned:

Electoral Act Amendment Act. The law prompted changes to the electoral law after the election law of 1979.
Population Registration and Election Amendment Act, this Amendment Act they sorted out the installation of separate electoral rolls relating to the population registers.
Constitution Amendment Act. This Amendment Act was the basis for the termination of previously existing constitutional foundations in the Republic of South Africa ( Republic of South Africa Constitution Act (Act No. 32/1961 ) ). Furthermore, it hit rules for the transition remuneration of the previous president, his deputy and the former members of the President's Council for the period of one year after their last term of office and pension claims arising.
Powers and Privileges of Parliament Amendment Act. With this change in law, the legislature met specific rules for the transition from white MPs in the new three-chamber and committee system.
Adjustments in the existing financial law were made with the help of three change laws, with the Exchequer and Audit Amendmend Act of 1984, the Revenue Accounts Financing Act of 1984 and the State President's Committee on National Priorities Act of 1984. All changes related to the financing of legislative structures.

President

For the Office of the President surrendered after the new constitution a significant concentration of power, as it embodied the highest executive institution of the Republic. So it was the incumbent possible to change the law or to declare as null and void. He was responsible for the high command of the armed forces ( Section 6.2), the declaration of war or peace ( Section 6.3g ), the leadership of the security forces and the control and design of the state budget. The President had the organizational authority ( Section 24.1 and 26) in the state administration, including all related personnel decisions. The Cabinet appointed by the president worked with a term of five years and was, like himself, not responsible to the Parliament.

The election of the president was responsible for an electoral college ( electoral college ), whose composition and powers in Section 7 and the procedure in Section 8 were regulated.

In the three -chamber parliament only on the initiative of the President ( Section 6.3a ) it was been possible to cover bills. This affected both the individual Chambers as well as their joint meetings.

Parliament

The new constitution created for the Parliament a three-chamber system ( Section 37). This tripartite structure was an instrument of the policy of apartheid.

The chambers had their own management structures and conference regulations. Were elected MPs for the chambers in separate ballots and for separate electoral rolls. At the top of the Parliament of the Speaker of Parliament was (literally: Speaker of Parliament), similar to the President of the Parliament in other countries ( Section 58). Its function was the management of parliamentary business. He was a parliamentary administration. The chambers each chose its own chairman, the chairmen of Houses, from among its members ( Section 60) in their first meeting.

To joint sessions of the Chambers invited the President. He relied on his own initiative or by the common desire of all chambers ( Section 68). In any case, the Speaker of Parliament initiated such meetings and this particular their regulations and their sequence. Decisions could not be taken ( Section 67.5 ) in the course of joint meetings.

The president could Parliament by proclamation in the Government Gazette or to automatically resolve in consequence of his resignation ( Section 39.2 a and b).

The first joint meeting of all three chambers was held on 18 September 1984.

House of Assembly ( House of Representatives)

House of Representatives ( House of Representatives )

House of Delegates ( House of Deputies )

The total exclusion of the black population of the parliamentary participation is justified by their civic roots in the so-called homelands, therefore they can not exercise political rights in the Republic of South Africa. This exclusion promoted political unrest during the 1980s, primarily in the Townshipsiedlungen. In response to the massive criticism regarding the denial of fundamental rights for the black population, the National Assembly deliberated a draft law ( Constitutional Laws Amendmend Bill), which dealt with the modification of numerous laws. The advice gained inside and outside parliament a high compliance and extended up into the session of 1987. That case involved a compliant adapt legislation to strengthen the function of citizenship status in the homelands in the sense of politically favored separate development. The State President Pieter Willem Botha participated actively in the public debate and laid in January 1986 a concept of his government for the conditions of the further development of constitutional law. Its positions provided for the reintroduction of South African citizenship for blacks, if they could prove their permanent residence in the territory of the Republic outside of the "independent " Bantu States.

President's council

Under the new constitution, the advisory acting Präsidalrat sat ( President's council) of 60 members ( Section 70). At its first meeting the Präsidalrat had a chairman from among its select ( Section 72). Until that time, appointed by the President, if it was necessary, a temporary chairman. Each member had to have the minimum age of 30 years. According to the prominent importance of this body, the respective provisions of the constitutions adopted a relatively large extent. The composition of the Präsidalrates was as follows:

20 members voted in the House of Representatives ( White )
10 members voted in the House of Representatives ( Coloureds )
5 members of the House of Deputies ( Indian) and
25 members are appointed by the President, of which 10 from circles of white opposition parties.

The Präsidalrat was applied in direct contact with the president a consulting role, which could extend to all matters of public interest ( Section 78). The committee had the right to own initiative. However, the own consulting expertise was not referring to bills. He was responsible for the final decision-making authority, if it is not an agreement was reached between the three chambers.

The Präsidalrat was dissolved with effect on 17 June 1993. Although the constitution of 1983 retained more effective for a short time, put the Constitution Amendmend Act (Act No. 82/1993 ) this body before the entry into force of the democratic transition constitution to an end. The opinions on this subject bill proved very divided. They lay between consent for example, by the Democratic Party and rejection by the Conservative Party. Given its importance geschwundenen at the endpoint of apartheid in South Africa also rejected the Labour Party from the law. By members of the National Party, this advice was seen as a fundamental element in the development of the South African constitutional law. The Inkatha Freedom Party described him as system errors and caricature of democratic development.

Preamble to the Constitution

The extensive preamble of the Constitution refers to God and universal values of humanity. In German translation it goes something like this:

Which presides over the destinies of peoples and nations,
Which together led our ancestors from many countries and gave them this land for their own,
Which led them down from generation to generation,
Which she has wonderfully against the dangers which they had harassed, saved,

Our responsibility to God and the people are aware;
Are convinced and joined together by the need to pursue the following national goals: Christian values and civilized norms to preserve, in the recognition and protection of freedom of faith and worship,
The unity and freedom to secure our country,
The independence of the judiciary and the equality of all before the law to preserve,
To ensure the preservation of law and order,
Satisfaction and the spiritual and material well-being to promote all,
To respect human dignity and protect the life, liberty and property of all in our midst,
To respect the self-determination of peoples and communities to promote and protect
To promote private initiative and effective competition;

Are willing to accept our responsibility for world peace in connection with all peace-loving peoples and nations, and to seek and

Have the desire to give South Africa a constitution that is suitable for the elected and responsible government and best for the traditions, history and circumstances of our country: shall be adopted and therefore by the President and the House of Assembly of the Republic of South Africa as follows: ... "

Further provisions in the Constitution ( selection)

Section 1, Continued existence of Republic of South Africa

The current administrative divisions with the provinces remained unchanged. Consequently, the Republic of South Africa consisted of the provinces of Cape of Good Hope, Natal, the Transvaal and the Orange Free State.

Section 2, Sovereignty and guidance of Almighty God acknowledged

In Section 2, an all-encompassing reference to God was determined that something like this is in German: "The people of South Africa recognize the sovereignty and guidance of the Almighty God to ".

Section 10, Acting President

In the event that the President would not have been the official version able was defined in the Constitution that a President to be determined by the Cabinet Member had taken over the role temporarily. Furthermore, the functioning of the presidential administration was regulated.

Section 11 Oath of office by Acting State President and State President

The procedure for the oath of office for the president or his representative and the related formulations were regulated in this section of the Constitution.

Section 29, Seat of Government

As the seat of government of the Republic of South Africa Pretoria was determined.

Section 36, Seat of Legislature

As the seat of the legislature Cape Town was established.

Section 49 Method of dividing provinces into electoral divisions

The provinces were divided into constituencies.

Section 52 franchise

As voters all citizens were over the age of 18 years from the groups of whites, coloreds and Indians, who possessed citizenship rights of South Africa. The concept of citizenship was based on the South African Citizenship Act of 1949. Moreover, the provisions of the Electoral Act had ( Election Law ) of 1979 have been satisfied so also a deprivation of individual voting rights might have been connected.

Section 61, a quorum

The quorum in the chambers was given if the House of Assembly at least 50 members; at least 13 members were present in the House of Representatives at least 25 members and the House of Delegates.

Section 65 Powers of Minister and Their Deputies in House

The cabinet minister had the right to speak in each chamber. They even possessed a Abstimmrecht if they were a member of a chamber. Your right to vote was only in her own chamber.

Section 68, Constitution and powers of the Supreme Court of South Africa

The Constitution intended for supreme jurisdiction in the country, the Supreme Court of South Africa with its Appellate Division as well as other provincial and local levels.

Section 73 Remuneration and allowances of members

The members of the Präsidalrates received their salaries and subsidies, as determined by the President, and other privileges. You should be announced by proclamation in the Government Gazette.

Section 80, All Revenues vest in State President

All the financial revenues of the Republic of the source from which they came and stood at the right of disposal of the President.

Section 89, Equality of official languages

As official languages English and Afrikaans were determined (in this order) of the Constitution.

Section 93, Administration of Black affairs

The only specific reference to the black majority was in this Section as the " control and management " of the "Black Matters " ( in the original: Black affairs ) defined. They were in the exclusive jurisdiction of the state president. This section of the constitution reduced all aspects of the black majority on an administrative matter and delivered them virtually the decision-making power of a single person, the head of state. Apart from a reference to the " black languages " in " black areas " in the formulations of Section 89, where they were defined as a matter of the respective " territories", the Constitution contained no further comments on this group. The black person in itself was not a concern in this Constitution.

Extraparlimentary reactions (selection)

Since 1983, the United Democratic Front was to declaring an alliance against the Constitution in the South African population. Its members came from all ethnic groups. The most important activity was the call for a boycott of the elections for the House of Representatives and Deputies House.

Even within the white population there was in the course of the constitutional referendum of November 1983 clearly perceptible and significant differences of opinion. Ultra conservative circles of the Boers, the right of the National Party, accused the then Prime Minister Botha of treachery to the former principles of the policy of separate development ( separate development). The controversy led to a split in the membership of the Broederbond, during which the then chairman Carel Boshoff announced his resignation in protest against the Constitution.

Legislative consequences

The Constitution of 1984 was repealed by the Constitution of the Republic of South Africa Act 200 of 1993. There was a transitional constitution in force, which ended with the Constitution of the Republic of South Africa Act, (Act No. 108/1996 ). On April 19, 1994, the State President, FW de Klerk and chairman of the National Party signed; Nelson Mandela, President of the African National Congress and the Chief Minister Mangosuthu Buthelezi, President of the Inkatha Freedom Party, an agreement that formed the political climax in the transformation process in South Africa on the road to democracy.

Human self-reflection Voting system Government Gazette of South Africa Bantustan Constitutional references to God

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