Certification of the Constitution of the Republic of South Africa
South Africa Constitutional Court
1996 (4) SALR 744 (CC) (1996)
- Written by Kelly Simon, JD
Facts
South Africa’s transition from an apartheid state to a democracy was largely peaceful and resulted from extensive negotiations among the country’s diverse stakeholders. To foster the country’s democratic transition, an interim constitution was agreed to by the negotiating parties with a widespread commitment to establishing an open and democratic government and to the universal importance and existence of fundamental human rights. In furtherance of these shared objectives, an interim constitution was drafted. The interim constitution included the process for drafting a constitution and the principles to be enshrined within the constitution. Specifically, the interim constitution required that a national legislature be elected to draft a constitution and that a constitutional court certify that the drafted constitution complied with the principles specifically articulated in the interim constitution. As required, the national legislature was elected, and a constitution was drafted. Upon completion of the draft, the document was submitted to the constitutional court for certification that the draft document adequately complied with the principles articulated in the interim constitution.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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