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Electoral/Political Party Reform: Interim Constitution Accord

Implementations

Electoral/Political Party Reform – 1993

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.

“SOUTH AFRICA; Draft bill submitted on registration of political parties,” BBC Summary of World Broadcasts, July 2, 1993.
“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.