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Judiciary Reform – 1993

The debate surrounding the establishment of a constitutional state in which the rule of law prevails took place, which resulted in the CODESA (Convention for a Democratic South Africa) Declaration of Intent on December 20, 1991.

As the peace process moved forward, the negotiators representing the ANC and the South African government “agreed upon a final two-chamber legislature elected by proportional representation, an independent judicial system and a bill of rights, as key features of the proposed constitution.”¹

Chief Justice of South Africa, Mr. Justice Corbett, came out in support of a constitutional court for South Africa, as recommended by the Law Commission.²

A draft constitution for the transitional Government of National Unity was published on July 26, 1993. “The draft constitution states flatly that the new constitution ‘shall adhere to and give effect to the constitutional principles,Õ and that a special constitutional court shall have to certify that the constitution conforms with these principles before it comes into operation. Nearly 30 constitutional principles – ranging from the separation of the legislative, executive and judicial functions of government to provision of regional government – are contained in the draft constitution.”³

The Interim Constitution was signed on November 17, 1993. The white-dominated Parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.⁴ The interim constitution in Chapter 7 discusses an independent judiciary and constitutional court. The Constitutional Court has the power to overrule the Government on questions of constitutional law. South Africa has never had a court with authority to veto its executives.

1. “A Mandate For Change; For South Africa, Pace Is Now Issue,” The New York Times, March 20, 1992, Section A, page 1.
2. “SOUTH AFRICA IN BRIEF; Chief Justice declares support for constitutional court,” BBC Summary of World Broadcasts, April 13, 1992.
3. “Draft constitution for South Africa unveiled,” The Irish Times, July 27, 1993, page 1.
4. “South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions,” The Globe and Mail (Canada), December 23, 1993.