Abstract

The African National Congress (ANC) with its formal nonracial ideology won the first democratic elections Nevertheless challenges of diversity and identity remain embedded in the interim constitution which went into effect on the eve of the elections at one minute past midnight on April 27. 1994 Furthermore, these issues wait to be reopened as the Constitutional Assembly negotiates the final post-apartheid constitution. In terms of the 1993 Constitution this process must produce a new constitution within two years of the date of the first sitting of the Constitutional Assembly' The salience of issues of diversity and identity to the constitution-making process, despite a legacy of non-racialism within the ANC, became increasingly apparent as the negotiations unfolded.

Highlights

  • The African National Congress (ANC) with its formal nonracial ideology won the first democratic elections

  • These issues wait to be reopened as the Constitutional Assembly negotiates the fi nal post-apartheid constitution

  • In terms of the 1 993 Constitution this process must produce a new constitution within two years of the date of the first sitting of the Constitutional Assembly. l The salience of issues of diversity and identity to the constitution-making process, despite a legacy of non-racialism within the ANC, became increasingly apparent as the negotiations unfolded

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Summary

Introduction

The African National Congress (ANC) with its formal nonracial ideology won the first democratic elections. 3. Despi te the successes of women and other claimants who demanded that past and continuing exclusion be addressed by the new constitutional framework, it was the claims for ethnic identities that came to dominate the constitution-making process for the interim constitution. Despi te the successes of women and other claimants who demanded that past and continuing exclusion be addressed by the new constitutional framework, it was the claims for ethnic identities that came to dominate the constitution-making process for the interim constitution The power of these claims came both from the fact that the claimants had access to state resources and power in different regions of the country and from the threat they posed to the very continuation and success of the democratic transition. Reliance on a bill of rights with an emphasis on individual protection and the negative enforcement of rights will be most effective only in cases where the community is wealthy and thu s can provide for itself despite government neglect

The proposals of the major players in the South African context
Negotiating the 1993 Constitution
The 1993 Constitution
Fundamental rights and substantive equality
Geographie division 01 legislative authority
Political participation and consociational mechanisms
Conclusion
Full Text
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