Electoral/Political Party Reform – 1993

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Prohibitions against political parties were lifted in 1990. Nevertheless, a legal framework on how political parties should be organized was yet to be decided.

On July 1, 1993, the government submitted a draft electoral bill to the negotiation forum, which put forth a proposal for the registration and participation of political parties. Home Affairs Minister, Danie Schutte, said that all political organizations intending to take part in the forthcoming elections should register as political parties.1

On November 17, 1993, 21 parties represented at the Negotiating Council ratified the country’s first democratic constitution. The key points of the agreement were:
– Elections next year for a coalition government to run for five years
– Interim constitution in force for the same period
– President and two vice-presidents appointed by parties getting more than 20 per cent of vote
– Cabinet appointed by parties with more than 5 per cent of vote
– 400-seat national assembly and 90-seat senate elected by proportional representation will adopt final constitution
– Nine new provinces with own legislatures
– A constitutional court will mediate between centre and provinces
– Bill of Rights to protect individuals from any discrimination

The white-dominated Parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.2

In the constitution, the following provisions were made in respect to the Political Rights of the Citizen:

Chapter 3: Section: 21 Political rights (1) Every citizen shall have the right-
(a) to form, to participate in the activities of and to recruit members for a political party;
(b) to campaign for a political party or cause; and
(c) freely to make political choices.
(2) Every citizen shall have the right to vote, to do so in secret and to stand for election to public office.

A proportional electoral system was adopted.

Constitutional Reform – 1996

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On April 3, 1996, constitutional negotiators resolved the bulk of outstanding issues.4

“The Constitution Bill, providing for a new constitution for South Africa, was read a first time on Wednesday 24th April evening and will now be referred to the Constitutional Committee for amendments to be considered. At the end of the debate, CA Constitutional Assembly chairman Cyril Ramaphosa said he was confident that the outstanding issues would be resolved.”5

The National Assembly adopted the final constitution on May 8, 1996. There were 421 votes in favor. Only two members of the Constituent Assembly voted against the constitution, the two members of the African Christian Democratic Party.6 The Constitutional Court approved the final constitution on December 4,1996. On December 11, 1996, president Mandela sign into law his country’s long-awaited post-apartheid constitution.7