A New Beginning: Introducing the South African Constitution and Bill of Rights

Abstract

Few would argue that the democratisation of South Africa is one of the most fascinating examples of constitutional engineering during the latter half of the 20th century. This article recounts the negotiating process leading up to the adoption of the Constitution of 1996, and highlights the main features of the Constitution. The features discussed are majority government, the principle of constitutional supremacy, the content and application of the Bill of Rights – with some emphasis on its impact so far on social change –, the role of the independent judiciary, the principle of co-operative government which governs the relationship between the three spheres of government, and the ways in which the diversity prevalent in the South African society has been accommodated. Some comments are also made on the necessity for the creation of a human rights culture to support the new Constitution. The article concludes with the remark that, although serious obstacles remain, a solid start has been made on the road to a constitutional democracy with justice for all.