1983 South African Constitution

The South African Constitution of 1983 ( English Republic of South Africa Constitution of 1983 ) was the (/ Act No. 110, 1983) Republic of South African Constitution Act and was ratified on 3 September 1984 in force. In the constitutional history of South Africa it brought about a comprehensive constitutional reform and established a three-chamber parliament . In this way, the previous Prime Minister Pieter Willem Botha came into the office of President of the Republic of South Africa and received extensive powers that had not been granted by applicable law up to that point. The state concept on which the constitution is based became known beyond national borders as a reform apartheid . In general, this resulted in a further legislative consolidation of the sole rule of the white minority population in the country.

prehistory

Preparatory work for constitutional reform

In the course of 1982 the President's Council , PC for short, discussed three working papers for a constitutional reform, mainly based on the proposals from the ruling National Party of 1977 and the recommendations of the Schlehbusch Commission (Commission of Inquiry into the Constitution) of 1980 followed. On May 12, 1982, the President's Council presented its proposals to the public.

These three reports were in detail:

the first report of the Constitutional Committee (Constitutional Committee)
Report of the Joint Committee , consisting of the Planning Committee and the Committee for Community Relations , as well as
the joint report of the Committee for Economic Affairs and the Constitutional Committee .

The tenor in these papers tended towards an imperative political reform of the state. They formulated the claim to “equal civil and political rights”, the intention to eliminate dominant group effects and a desired reflection on ethnic pluralism. A unitarian state on the basis of one man, one vote was not seen as feasible.

Referendum 1983

Stamp as proof of participation in the 1983 referendum in a South African identity document

A referendum among the white population of South Africa gave rise to the first picture of opinion on the proposed constitutional reform. Prime Minister Botha decided on November 2, 1983 for the referendum to be held. Although there was criticism of the constitutional project from left and right-wing groups, the vote resulted in a positive vote.

The question on the ballot was:

"Are you in favor of the implementation of the Republic of South Africa Constitution Act, 1983 , as approved by parliament?"

(German for example: Are you for the implementation of the Republic of South Africa Constitution Act, 1983 , as decided by parliament?).

2,713,300 (white) voters were eligible for the referendum. Nationwide 1,360,223 people (65.95 percent) voted yes and 691,577 people (33.53 percent) voted no. There were 10,699 invalid votes, or 0.52 percent. As a result, 650,831 voters did not take part in the referendum, which corresponds to a turnout of 76 percent.

After the public discussion and the vote, the Constitutional Committee presented a second report to the Presidential Council on November 22, 1984.

Final preparations

The incumbent President's council was an advisory body that was 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 body dissolved on June 30, 1984. In its final report, the Constitutional Committee of the Presidential Council mentions that it had also understood its task as promoting a “consensual style for debates and decision-making” in the new parliament.

Adjustments in the legal system

The parliament of the expiring electoral term, still acting on the basis of the previous constitution under the Republic of South Africa Constitution Act of 1961 , had to pass resolutions to amend existing regulations for the legislative preparation of the new and then differentiated parliamentary system. These were legal provisions that affected the electoral system , constitutional law , parliamentary work, including the related aspects of financial management, and adapted the new constitutional objective to these. In detail, the following amendment laws concerned:

Electoral Act Amendment Act . The law prompted changes to the franchise under the 1979 Electoral Act.
Population Registration and Election Amendment Act . This amending law regulated the establishment of separate electoral rolls in connection with the residents' registers .
Constitution Amendment Act . This amending law formed the basis for the termination of the previously existing constitutional basis in the Republic of South Africa (Republic of South Africa Constitution Act, Act No. 32/1961) . It also made provisions on the transitional allowances of the previous President, his deputy and the former members of the President's Council for the period of one year after their expired term of office and the resulting pension entitlements.
Powers and Privileges of Parliament Amendment Act . With this amending law, the legislature made specific regulations for the transition of white MPs to the new three-chamber and committee system.
Adjustments to existing finance law were made through three amending laws, the Exchequer and Audit Amendment 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 the legislative structures.

President

According to the new constitution, there was a significant concentration of power for the office of state president, since it embodied the highest executive institution of the republic. Accordingly, it was possible for the incumbent to change valid laws or to declare them ineffective. He was responsible for the high command for the armed forces (Section 6.2) , the declaration of war or peace (Section 6.3g) , the management of the security forces and the control and structuring of the state budget. The President had organizational sovereignty (Sections 24.1 and 26) in state administration, including all related personnel decisions. The cabinet appointed by the president worked for a five-year term and, like himself, was not responsible to parliament.

The election of the President was the responsibility of an electoral college , the composition and powers of which were set out in Section 7 and the procedure in Section 8 .

In the three-chamber parliament it was only possible to deal with bills at the instigation of the President ( Section 6.3a ). This affected both the individual chambers and their joint meetings.

houses of Parliament

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

The chambers had their own management structures and conference regulations. The representatives for the chambers were elected in separate ballots and according to separate electoral lists. At the head of parliament who was Speaker of Parliament (literally Speaker of Parliament), similar to the parliamentary speaker in other countries (Section 58) . His function was the management of parliamentary affairs. A parliamentary administration was available to him. In their first session, the chambers each elected their own chairman, the Chairmen of Houses , from among their members (Section 60) .

The President invited the chambers to joint meetings. He convened them on his own initiative or by the common request of all chambers (Section 68) . In any case, the Speaker of Parliament chaired such meetings and this determined their regulations and their procedure. Resolutions were not allowed to be passed during joint meetings (Section 67.5) .

The President could dissolve Parliament through a proclamation in the Government Gazette or automatically following his resignation (Section 39.2 a and b) .

A first joint meeting of all three chambers took place on September 18, 1984.

House of Assembly (House of Representatives)

This chamber had 178 seats, which were reserved exclusively for members of European descent. The National Party occupied the majority of the seats. The constitution set out the distribution of mandates in the provinces. As a result, the following were directly eligible ( Section 41 ): 56 MPs in the Cape Province, 20 MPs in Natal, 14 MPs in the Orange Free State and 76 MPs in the Transvaal. Four MPs were appointed by the President and eight were elected on a general list using proportional representation. The existing active mandates were based on the results of the election of June 29, 1981 and had been transferred to the three-chamber parliament.

House of Representatives (House of Representatives)

The second chamber consisted of 85 members of the colored population . The Labor Party (LP) held the majority of seats. The constitution set out the distribution of mandates in the provinces. As a result, the following were directly eligible (Section 42) : 60 MPs in the Cape Province, 5 MPs in Natal, 5 MPs in the Orange Free State and 10 MPs in the Transvaal. Two MPs were appointed by the President and three were elected on a general list using proportional representation.
The mandates resulted from the election on August 22, 1984.

House of Delegates ( House of Deputies)

In the third chamber 45 seats were available for the population of Indian origin . The strongest group of MPs was the National People's Party (NPP). The constitution set out the distribution of mandates in the provinces. As a result, the following were directly eligible (Section 43) : 3 MPs in the Cape Province, 29 MPs in Natal and 8 MPs in the Transvaal. Two MPs were appointed by the President and three were elected on a general list using proportional representation.
The mandates resulted from the election on August 28, 1984.

The complete exclusion of the black population from parliamentary co-determination was justified with their anchoring as a citizen in the so-called homelands , according to which they could not exercise any political rights in the Republic of South Africa. This exclusion fueled political unrest in the course of the 1980s, primarily in the township settlements . In response to the massive criticism of the denial of basic rights for the black population, the National Assembly discussed a constitutional law amendment bill , which dealt with the amendment of numerous pieces of legislation. The deliberation received a high level of attention both within and outside of parliament and extended into the session of 1987. It was about a conforming adaptation of the applicable law in order to further strengthen the function of citizenship status in the homelands in the sense of the politically favored separate development . The President of the Republic, Pieter Willem Botha, took an active part in the public debate and, in January 1986, presented his government with a concept for the framework for the further development of constitutional law. Its positions envisaged the reintroduction of South African citizenship for blacks if they could prove their permanent residence on the territory of the republic outside the "independent" Bantu states.

Presidential Council

According to the new constitution, the advisory President's council consisted of 60 members (Section 70) . At its first meeting, the Presidential Council had to elect a chairman from among its members (Section 72) . Until then, the President of the Republic appointed a provisional chairman if necessary. Each member had to be at least 30 years old. In accordance with the prominent importance of this body, the relevant provisions of the constitutions were relatively large. The composition of the Presidential Council was as follows:

20 members elected in the House of Representatives (white),
10 members elected in the House of Representatives (colored),
5 members in the House of Deputies (Indians) and
25 members are appointed by the president, 10 of them from circles of the white opposition parties.

The Council of Presidents was assigned an advisory role in direct connection with the President, which could extend to any questions of public interest (Section 78) . The committee had the right to take its own initiative. However, the company's own advisory skills did not refer to bills. He had the final decision-making authority if the three chambers did not come to an agreement.

The Council of Presidents was dissolved with effect from June 17, 1993. Although the 1983 constitution remained in effect for a short period, the Constitution Amendment Act (Act No. 82/1993) put an end to this body before the democratic transitional constitution came into force. Opinions on the relevant draft law were very divided. They ranged between approval, for example, by the Democratic Party and rejection by the Konserwatiewe Party . Given its waning role at the end of apartheid in the Republic of South Africa, the Labor Party also rejected the law. This council was seen by members of the National Party as a fundamental element in the development of South African constitutional law. The Inkatha Freedom Party described him as a system flaw and a distorted image of democratic development.

Preamble to the Constitution

The extensive preamble to the constitution invokes God and universal human values. In German translation it reads something like this:

In humble obedience to Almighty God,

who directs the destinies of peoples and nations,
who brought our ancestors from many countries together and gave them this land to own,
who guided them from generation to generation,
who wonderfully saved her from the dangers that beset her,

we declare that we:

are aware of our responsibility to God and to people;
convinced and linked by the need to pursue the following national goals:
- to uphold Christian values and civilized norms in recognition and protection of freedom of belief and worship,
- to secure the unity and freedom of our country,
- uphold the independence of the judiciary and the equality of all before the law,
- to ensure the maintenance of law and order,
- to promote the satisfaction and the spiritual and material well-being of all,
- to respect human dignity and to protect the life, freedom and property of everyone in our midst,
- to respect, promote and protect the self-determination of the peoples and population groups,
- promote private initiative and effective competition;

are ready to accept and seek our duty for world peace in connection with all peace-loving peoples and nations, and

Desire to give the Republic of South Africa a constitution that is appropriate for the elected and responsible governments and best suited to the traditions, history and circumstances of our country:
and therefore enacted by the President and the House of Assembly of the Republic of South Africa as follows becomes: …

Further provisions in the constitution (selection)

Section 1, Continued Existence of Republic of South Africa

The previous administrative structure with the provinces remained unchanged. Accordingly, the Republic of South Africa consisted of the provinces 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 laid down, which in German reads something like this: "The people of the Republic of South Africa recognize the supremacy and leadership of Almighty God."

Section 10, Acting President

In the event that the President of the Republic would not have been able to exercise his office, the constitution stipulated that a cabinet member to be appointed by the President would have temporarily assumed his duties. Furthermore, the functioning of the presidential administration was regulated.

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

The procedure for the oath of office for the President or his representative and the relevant formulations were regulated in this section of the constitution.

Section 29, Seat of Government

Pretoria was designated as the seat of government of the Republic of South Africa .

Section 36, Seat of Legislature

Cape Town was set as the seat of the legislature .

Section 49, Method of dividing provinces into electoral divisions

The provinces were divided into constituencies.

Section 52, Franchise

Eligible voters were all citizens from the age of 18 from the groups of whites, coloreds and Indians who had citizenship rights of South Africa. The concept of citizenship was based on the South African Citizenship Act of 1949. Furthermore, the provisions of the Electoral Act (Electoral Act) of 1979 had to be met, which could also have been associated with a withdrawal of individual voting rights.

Section 61, Quorums

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

Section 65, Powers of ministers and their deputies in House

Cabinet ministers had the right to speak in each chamber. They even had the right to vote if they were members of a chamber. Their right to vote was only valid in their own chamber.

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

The constitution determined that the Supreme Court of South Africa with its appeals department as well as other provincial and local levels was the highest jurisdiction in the country .

Section 73, Remuneration and allowances of members

The members of the Presidential Council received their salaries and grants as determined by the President, as well as other privileges. They should be announced by a proclamation in the Government Gazette .

Section 80, All revenues vest in State President

All financial revenues of the republic, from whatever source they came, were at the disposal of the president.

Section 89, Equality of official languages

English and Afrikaans (in that order) were set by the constitution as the official languages .

Section 93, Administration of Black affairs

The only specific reference to the black majority in this section was defined as “control and administration” of “black affairs”. They were the exclusive competence of the President. This section of the constitution reduced all aspects of the black majority to an administrative matter and left them to 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 statements on this population group. The black person as such was not a concern within this constitution.

Extra-parliamentary reactions (selection)

The United Democratic Front , founded in 1983, was an anti-constitutional alliance among the South African population. Its members came from all ethnic groups. The most significant activity was calling for a boycott of the elections for the House of Representatives and House of Deputies.

In the course of the constitutional referendum of November 1983, there were also clearly noticeable and considerable differences of opinion among the white population. Ultra conservative circles of the Boers , the right of the Nasionale Party, accused the then Prime Minister Botha betrayal of the existing principles of the policy of separate development ( separate development ) before. The controversy led to a split in the membership of the Broederbond , in the course of which the then chairman Carel Boshoff declared his resignation in protest against this constitution.

Legislative consequences

The 1984 constitution was repealed with the Constitution of the Republic of South Africa Act 200 of 1993 . An interim constitution came into force, which was ended with the Constitution of the Republic of South Africa Act (Act No. 108/1996) . On April 19, 1994 the President, Frederik Willem de Klerk and chairman of the National Party signed; Nelson Mandela , President of the African National Congress and Chief Minister Mangosuthu Buthelezi , President of the Inkatha Freedom Party signed an agreement that was the political climax in South Africa's transformation process on the way to democracy.

Web links

1983. Republic of South Africa Constitution Act No 110. at www.nelsonmandela.org (English)
Constitution of the Republic of South Africa, Act 200 of 1993. at www.justice.gov.za (English) Text of the Constitutional Act of 1993.

Individual evidence

^ SAIRR: Race Relations Survey 1984 . Johannesburg 1985, pp. 128-129.

^ ^A ^b ^c Christoph Sodemann: The laws of apartheid . Bonn 1986, ISBN 3-921614-15-5 , p. 90.

↑ ^a ^b ^c Sodemann: The laws . 1986, p. 92.

↑ SAIRR: Survey 1982. 1983, p. 1.

↑ ^a ^b SAIRR: Survey 1983. 1984, p. 78.

↑ SAIRR: Survey 1983. 1984, p. 88.

↑ SAIRR: Survey 1982. 1983, p. 3.

↑ SAIRR: Survey 1984. 1985, pp. 135-136.

↑ SAIRR: Survey 1984. 1985, pp. 138-140.

↑ Yu. A. Yudin: South African new constitution: the instrument of apartheid . ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. In: Africa in Soviet Studies, USSR Academy of Sciences, Moscow, Institute of African Studies. Volume 20 (1988), ISSN 0235-6600 , pp. 65-74 (abstract).@1@ 2Template: Dead Link / opc-ascl.oclc.org