Post apartheid South Africa's democratic transformation process: Redress of the past, reconciliation and ‘unity in diversity’

Abstract

1However, a good understanding of the complex issues of transformation in this divided society requires a broader approach. Reconciliation involves not only telling the truth about the past and forgiveness, but also requires reparation for material and other forms of deprivation and the restoration of a human community in a spirit of respect for human rights and democracy. Indeed, it also necessitates the creation of a society within which the chances of reoccurrence of the kinds of gross violations of human rights that occurred in the past are reduced to a minimum. Consequently, the evaluation of the constitutional negotiation process and the way in which the themes of redress of the past, overcoming the legacy of apartheid and nation-building played their role are equally if not more important. The provisions of the Bill of Rights as well as some other sections of the Constitution are important building blocks in this reconciliation and transformation process. The ongoing implementation of these constitutional provisions and the perceptions surrounding that process also has an important impact on the actual transformation and reconciliation process. A brief description of the most striking features of the apartheid regime is followed by an explanation of the overall constitutional negotiation process, which is particular to South Africa. Subsequently, the constitutional basis, relevant legislation and a brief description of the TRC process, as well as its current status and overall assessment of its actual impact on reconciliation, are discussed. A fourth paragraph then goes on to analyze the constitutional negotiations with respect to the provisions dealing with controversial issues like equality, language and education, self-determination and minority rights, and land. The implementation of the constitutional provisions with respect to equality, language and education, self-determination and land reform is ongoing and confronted with several hurdles. Nevertheless, there is a steady progression and the concomitant transformation will hopefully entail a higher level of reconciliation in South African society.