The Security Agencies and the South African Constitution
If all goes according to plan, South Africans should have the Constitution they have been waiting for since 1990, by 9 May this year
If all goes according to plan, South Africans should have the Constitution they have been waiting for since 1990, by 9 May this year. Despite this, some hard bargaining still lies ahead in some areas, particularly those relating to provincial power (or lack thereof). The Constitution is the essence of the emerging South African democracy. It will provide the framework for all other legislation, for interaction between citizens and the government, and for South Africa`s relations with its neighbours and the international community. It will undoubtedly be the single most important document that will emerge from the transformation process in the country.
Yet, the first working draft of the final Constitution that was released for public discussion on 22 November 1995, was in some ways disappointing. It has tended to reinforce the opinion of sceptics that the big noise about public participation is meant to hide the extent to which any constitution-making process is based on bilateral negotiations between political parties. In fact, there can be little doubt that the requirement for national consensus, inclusivity and transparency has led South African politicians to design a very cumbersome process. Such is the nature of democracy and the requirement of the transition. However, recent progress within the myriad of committees which form part of the Constitutional Assembly in Cape Town provides a clear indication that the final Constitution will emerge as a much more balanced and comprehensive document than had been suggested by the earlier working draft.
Author
Jakkie Cilliers, Executive Director, Institute for Defence Policy
