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Executive Branch Reform: Interim Constitution Accord

Implementations

Executive Branch Reform – 1993

A serious debate on executive branch reform took place resulting in the CODESA (Convention for a Democratic South Africa) Record of Understanding. This agreement, signed on September 26, 1992, addressed the details of a transitional government of national unity during the transitional period.

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 45.¹ The interim constitution, in Section 75, established that executive power is to be vested in the President. The former is elected by the National Assembly by member majority. Section 84 has a provision for the Executive Deputy President. According to the provisions, “Every party holding at least 80 seats in the National Assembly shall be entitled to designate an Executive Deputy President from among the members of the National Assembly”. According to the constitutional provisions, if no party holds at least 80 seats, “parties holding the largest number of seats and the party holding the second largest numbers of seats shall each be entitled to designate one Executive Deputy President from among the members of the National Assembly”.

According to Section 88, a party holding 20 or more seats in the parliament was entitled to receive one or more of the cabinet portfolios.

The executive branch reform as stipulated in the interim constitution of 1993, however, was not implemented in year 1993. These reforms were set to be implemented after holding constituent assembly elections.

“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.

Executive Branch Reform – 1994

The Constituent Assembly election took place in April 1994. The Government of National Unity, a constitutionally-defined multi-party government, came into existence after the 1994 elections. The 1993 constitution had provisions for the Government of National Unity. Six ministers from the National Party were appointed in the cabinet, including former State President Mr. de Klerk, who was appointed as second Deputy President.¹ Inkatha Freedom Party also shared cabinet portfolio.

“A look at those who also serve in Mandela’s South Africa,” The Age (Melbourne, Australia), May 14, 1994.

Executive Branch Reform – 1995

The Executive Branch reform stipulated in the interim constitution of 1993 was implemented through the transitional government that was established after the April 1994 elections.

Executive Branch Reform – 1996

Powersharing provision in the interim constitution (deputy president after security 80 seats and a cabinet position after securing 20 seats) were taken out from the final constitution. Once the National Assembly adopted the final constitution on May 8, 1996, the National Party announced its withdrawal from the Government of National Unity by the end of June 1996.¹ The Constitutional Court (CC) approved the final constitution on December 4, 1996.

“South Africa,” Keesing’s Record of World Events (Volume 42), 1996, 41078.

Executive Branch Reform – 1997

The Constitution of the Republic of South Africa took effect on February 4, 1997, without provisions of sharing executive power as stipulated in the 1993 interim constitution. Nevertheless, the National Assembly elects the President from among its members.