chapter  5
22 Pages

Why there is no party ban in the South African constitution

ByJörg Kemmerzell

South Africa is one of the few African countries which abstained from including a provision for party bans in its post-transitional constitution. This requires explanation for two reasons. First, because party bans are a common feature of other African constitutions. With the introduction of multiparty politics at the beginning of the 1990s, most African countries opted for the possibility of party bans, which typically targeted ethnic and particularistic parties. South Africa deviates from this familiar practice in that it does not even provide a constitutional clause on banning parties.1