Constitutional - Before 1652 - SA not constitutionally organised.

developments in SA Introduction - After ocupation by europeans - New formal government (constitutional)

structures introduced to the territory and traditional institutions lost
from 1652 to date jurisdiction
- Traditional authorities never completly disappeared

- Constitutional development until

union (1910)

- 17th century - Dutch

Parliament delegated
authority over foreign - The voortrekker states - Union of SA (1910) - Republic of SA (1961 - 1983) - Process of Final Democratization
territories through
Dutch East India
Company.
- Cape under
jurisdiction of DEIC
- Voortrekker states originated as result of exodus of - South African Act of 1909 as
headquarters - Constitution of 1961 - Many people wanted change and protection of rights for all
European farmers from Cape Colony to relocate in Natal/ adopted by British parliament
- Legislative, Executive - SA became a Republic - Initiatives over years to achieve ideal of African State with equal
Orange Free State / Transvaal - Introduced government structures
and judicial authority - The monarchic form of treatment, social justice and proper protection of rights.
- Wars with Britain in various new colonies such as Natal. for whole SA territory
of Cape vested in Government replace by - ANC Freedom Charter adopted by African National Congress
- Natal remained British colony until 1910 - Union government based on British
Governorr in Council Republic form - 1990 ANC proposed its own Bill of RIghts for a New SA
- 1852 Britain recognised independence of Transvaal(Sand design( Westminster system)
+ executed ito orders - State president replace - 1990 unbanning of political parties and release of Nelson Mandela and
River Convention) - Which provided for Bicameral
from Batavia British head of State other political prisoners
- Later Orange Free State was also recognised parliament with 2 houses
- 2nd British occupation (queen) - Referendum followed which was catalyst for dramatic acceleration of
- The Cape + Natal stayed British colonies and an influx of - National Assembly and Senate
(1806) - Dutch rule - Parliament consisted of 2 constitutional change in SA.
indians to Natal resulted in problem of Asiatic vote which ld - All British conentions still applied
came to end. houses which were National - 1991 was Convention for democratic SA (Codesa).
to law to exclude all non- whites from voting. - Compromise was to make a
- All powers of Assembly + Senate - Main purpose was to negotiate a new democratic transition for SA
- 1854 authorised people of Free State summoned Volksraad unitary state with federal
government vested in - Most of the Westminster - Due to social upheavel, mass action and violence the negotiating
immediatly to draft new Constitution for OFS. characteristics
British Governor principles remained in place parties entered into Series of bilateral negotiations with the formation
- This constitution based on USA constitution and adopted - Provincial system that granted
(Legislative & - Verwoerd rejected calls for of a Multi Party negotions Forum
features from French,Dutch and Cape systems certain measure of autonomy to
executive powers) adoptions of an entrenched - Many technical ocmmitees formed to review different proposals on
- Provided for unitary state with unicameral legislature. the four former colonies.
subject to orders in Bill of Rights issues that had to be negotiated.
- This meant that there was one chamber legislature and - Westminster system of government
council,letters patent - Claimed it would - Interim constitution was drafted and adopted in 1993.
that the constitution was supreme and protected civil is characterised by parliametary
and royal instructions. jeopardise sovereignty of - General democratic elections would create Interim Parliament that
rights. This system was very stable and had voting soveriengty which meant that courts
- 1825 nominated parliament ito S59 which acted as Constitutional Assemvly which had to complete a final
rights for all as well as equal protection of law. apply and interpret parliamentary
Advisory Council stated Parliament should constitution within 2 years.
- in Zuid- Afrikaansche Republiek (Transvaal) had no legislation and may not question the
created (made up of be the sovereign - Nelsom mandela was made the 1st black president of SA.
constitution for the first six years validity.
chief of justice and legislative authority in - Interim Cons. required final text be certified by Constitutional Court and
- This resulted in a politically unstable republic which was - Initially all powers(in the union)
leading officials) republic. had to be in compliance with 34 consittutional principeles of the Interim
eventually mended. were subject to British Parliament
- 1982 new constitutional constitution.
- In 1860 the constitution of the Transvaal was drafted - Statute of Westminster allowed
reform initiated - The 1st certification judgement failed and final constitution was not
- Various constitutions - Seat of parliament in Pretoria. union to be independent
- led to implementation of certified
drafted that created - Executive power vested in the state president and an - Britain relinquished its legislative
new constitution after a - Amendments made which allowed CC to accept new Constitution
Executive council and executive council. and executive powers over Union
referendum was held. - Came into operation 4 Feb 1997
Legislative council - Many conflicts within government between judiciary and - Colonial Laws Validity Act of 1865
- extended parliamentry - New constitutional model made constitution supreme, introduced the rule
- 1853 is when new executive. was in force until Statute of
franchise to Coloured & of law and the seperation of powers.
constitution made that - Case of Brown v Leyds NO declared decision of President Westminster (meaning the crown
indian people - Allowed for co- operative governance and independence of the
provided for Paul Kruger invalid stating Constitution fundamental law could change the colonies
- Created tricameral Judiciary.
parliament against which judiciary must test form and content of legislation)
parliament (National - Created 2 houses in Parliament and established Bill of Rights
- This parliament legislation. Proved Constitutional supremacy. - Different voting rights and
assembly + House of - Allowed voting rights for all and thus a democratic state
consisted of a - Argued that sovereignty of government vested in people citizenship rights applied to
and not in the Volksraad and therefore the court could different gorups of people Representative + House of
Governor and two
strike down legislation that was incompatible with - Administration of matters Delegates)
houses
fundamental law of Constitution. affecting black people vested in - State president and prime
- The houses were
- 1902 the treaty of Vereeniging brought Anglo- Boer war to Goernor- General and taken over minister ocmbined into one
upper house
end. by Black Administration Act later office
(Legislative Council)
- A new constitution dispensation was pending which on. - Not all people could
and the lower house
resulted in a move towards formation of Union. - Case of Harris and Collins made participate in government
(House of Assembly)
Parliament supreme affairs as black people were
- Franchise
- Resulting in franchise exlusion of excluded
qualifications low &
non- whites - Constitution stillborn
non- whites not
excluded
- Therefore any voter
could stand for
election in House of
Assembly but not in
legislative council.
- Parliamentry system
convened once per
year - Based on
Westminster model
- As the colony
expanded new
franchise
qualifications made
stricter and voting
restrictions began to
apply.