The Constitutional Crisis in South Africa

Abstract

T tHE main thesis of this paper is that the choice in South Africa today lies between a 'Kruger-mode' or a 'Westminster-mode' State; it is also argued that action has already been taken towards the creation of a State based on a philosophy of neo-Krugerism. The aspects of the current crisis that I have selected for treatment are: the emergence and character of Malan Nationalism; the nature of the present Opposition forces; and some immediate prospects. There are two keys to an understanding of the situation in South Africa today. First, the gravity of the crisis can be understood only if it is seen as the desperate attempt on the part of representatives of a minority of the electorate, a minority of the European population, and a small minority of the total population, to ensure that political power remains in their hands. Conscious that further European immigration would weaken their position, or that minor and logical extensions of franchise rights could effectively prevent their return to office, the present Nationalist leaders are determined to use drastic means to retain their position in control of the Government. Secondly, the fundamentally different outlook of Nationalists and non-Nationalists on the function of the constituent elements of government should be appreciated. Only by acquiring some understanding of their attitude to the powers and functions of Parliament, the Courts, the Executive, and the Public Service, is it possible to grasp the extent of the gulf between the views of Nationalist leaders and the views of those who take for granted such fundamentals as 'the rule of law', 'constitutionalism', and 'the independence of the judiciary', as these concepts are understood in modern Western democracies. Emphasis is placed on Afrikaner Nationalist leaders, because among many rank-andfile Nationalists there is a strong respect for Parliament, judges, and the law; some of these men have indeed already broken with the Nationalists over the Government's reaction to the ruling of the Supreme Court on the Coloured Voters Act.