ABSTRACT

In South Africa’s short post-apartheid period, the country has had two constitutions. The first was a transitional document drafted in 1993 and intended to provide a framework for democratic change. The second was a

formal document adopted by the Constitutional Assembly in May 1996. The objective in drafting the 1996 final constitution was to ensure that it is seen as legitimate, credible and accepted by all South Africans’ (Constitution Explanatory Memorandum 1996). In order to assess the context in which South Africa has changed into a constitutional democracy with a separation of powers it is necessary to analyze the genesis and procedures of both constitutions.