ABSTRACT

This chapter presents the 1993 interim constitution, the text that was adopted on 8 May 1996 and the amendments that were made in order to comply with the requirements of the Constitutional Court. Constitutionalism has remained a controversial issue within the organisation. The interim constitution and the constitutional principles represent, however, significant deviations from the favoured constitutional model of the African National Congress. The deadline for the constitution-making process was within two years of the first session of Parliament, that is, 10 May 1996. The form of government in the ‘final’ constitution are best characterised as quasi-presidentialism. The ‘final’ constitution, like the interim constitution, provides for a bicameral Parliament. Despite federal structures the ‘final’ constitution paints the picture of a relatively centralised state. The powers granted to provincial legislatures are limited, and the overriding powers of the national legislature considerable.