History of Constitutionalism in South Africa Flashcards
(23 cards)
What existed prior to colonisation in South Africa?
Rules regarding governance
These rules were distorted or displaced by the rules of colonizers.
What was the governance structure for the indigenous population after colonization?
Indirect rule through traditional leaders
Subjects were not considered citizens.
How was society structured during the colonial period in South Africa?
Racialized
Society and governance were racialized from the inception of colonialism.
What was the voting qualification in the Cape Colony?
Property qualification for male voters
This mostly restricted voting rights to white males.
What significant legislation was enacted in 1909 in South Africa?
South Africa Act
This established the Union of South Africa unifying 4 colonies.
What was the impact of the 1909 South Africa Act on black and coloured voters?
Retention of limited franchise
Black and coloured voters in Cape Province had limited voting rights.
What type of governance was established in white boer republics?
No voting rights for black inhabitants
This further entrenched racial segregation.
What was the significance of the Population Registration Act and Group Areas Act?
Entrenchment of racial segregation
These laws included work reservation for whites and restricted land ownership for black persons.
When were black voters removed from the common voters’ roll?
1930s
This was part of a broader trend of disenfranchisement.
What political party secured a majority in Parliament in 1948?
National Party
They actively pursued a policy of apartheid.
What was the aim of the apartheid policy?
Separate development of different race groups
This included both petty and grand apartheid.
What was the outcome of the Tomlinson Commission Report in 1955?
Full implementation of apartheid
This report laid the groundwork for the apartheid system.
What major events marked the resistance against apartheid?
Sharpeville massacre and Soweto uprising
These were pivotal moments in the struggle against apartheid.
What changes occurred in 1983 regarding the South African Constitution?
Tricameral Constitution introduced
It retained white supremacy in an unrepresentative parliament.
What significant political changes occurred in 1990?
Unbanning of liberation movements and release of political prisoners
This marked the start of political negotiations for a new South Africa.
What were the two stages of drafting the final constitution?
- Stage 1: CODESA drafts interim constitution
- Stage 2: Constitutional Assembly drafts final constitution
What is the significance of the Interim Constitution enacted on 28 January 1994?
It was a historic bridge between past injustices and a future of human rights
It aimed for peaceful co-existence and development opportunities for all South Africans.
What were the 34 Constitutional Principles?
Contained in Schedule 4 to the Interim Constitution
These principles served as a blueprint for the final constitution.
When did the first democratic election in South Africa occur?
27 April 1994
This marked a significant turning point in South African history.
What role did the newly established Constitutional Court play?
Certification of the text of the Final Constitution
It ensured compliance with the Constitutional Principles.
What was the date of the first Certification judgment?
6 September 1996
Certain provisions were found not in line with the Constitutional Principles.
When did the Constitution of the Republic of South Africa enter into force?
4 February 1997
This marked the official adoption of the new constitutional framework.
What was a key characteristic of the negotiation process for the new constitution?
Compromise
The negotiation involved various stakeholders seeking consensus.
