South African Constitution of 1983
Encyclopedia
The Constitution of 1983 (formally the Republic of South Africa Constitution Act, 1983) was South Africa's
third constitution
. It replaced the republican constitution
that had been adopted when South Africa became a republic in 1961 and was in force for ten years before it was superseded by the Interim Constitution
on 27 April 1994, which in turn led to the current Constitution of South Africa
, which has been in force since 1997.
, a legislative arrangement that would permit the Coloured
and Asian race groups to be represented in parliament on a segregated basis.
. While opposing the utility of white rule, the PFP attempted to incorporate a 'Bill of Rights' into the new constitution proposed by the National Party. The motion was first submitted in August 1983, by Shadow Finance Minister Harry Schwarz
. He stated that the Bill should guarantee freedom from discrimination on the ground of race, colour, sex or creed, freedom of conscience and religion, of thought, belief, opinion and expression, including freedom of the press, of association, peaceful assembly and movement, and freedom to pursue the gaining of a livelihood. It also included freedom from deprivation of life, liberty, security and property, except in accordance with the principles of fundamental justice. It would also guarantee equality before the law and equal protection and benefit of law.
Schwarz argued that if included in the constitution of the republic, it would act as a “protector of rights many people had struggled to achieve in South Africa” as well as to “act as an inspiration” to the people of South Africa and would “be a unifying factor in a country in which unity of people is essential for survival”. Helen Suzman
, Shadow Law and Order Minister, argued that the exclusion of the bill would lead to "a further loss of civil liberties by all South Africans - in short, to one-party, one-group dictatorship in this country". It was also argued that the bill would be a statement of intent demonstrating that the days of discrimination on the grounds of race or colour had come to an end.
While virtually all MPs of the Progressive Federal Party supported the bill, no other party in Parliament supported it. Rejecting Schwarz’s proposal, Daan van der Merwe of the Conservative Party
stated that the bill, based on a “leftist-liberal political philosophy”, would jeopardise the freedom of the white man. New Republic Party
leader Vause Raw
said Schwarz “a master at platitudes” was seeking idealistic freedoms that did not exist anywhere in the world.Following the rejection of Schwarz’s bill, fellow PFP MPs' Helen Suzman, Colin Eglin
, Ray Swart and Dave Dalling attempted a further four times to introduce a Bill of Rights. The Bills' were effectively blocked by the National Party by placing them at the end of the order paper.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
third constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
. It replaced the republican constitution
South African Constitution of 1961
The Constitution of 1961 was the fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth and became a republic...
that had been adopted when South Africa became a republic in 1961 and was in force for ten years before it was superseded by the Interim Constitution
South African Constitution of 1993
The Interim Constitution of 1993 was the fundamental law of South Africa from 1994 to 1996. It was a provisional document, intended to pave the way for the adoption of a permanent constitution...
on 27 April 1994, which in turn led to the current Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
, which has been in force since 1997.
Background
The creation of the 1983 constitution was spearheaded by then-Prime Minister P.W. Botha.Provisions
Among the 1983 constitution's most controversial provisions was its establishment of the Tricameral ParliamentTricameral Parliament
The Tricameral Parliament was the name given to the South African parliament and its structure from 1984 to 1994, established by the South African Constitution of 1983...
, a legislative arrangement that would permit the Coloured
Coloured
In the South African, Namibian, Zambian, Botswana and Zimbabwean context, the term Coloured refers to an heterogenous ethnic group who possess ancestry from Europe, various Khoisan and Bantu tribes of Southern Africa, West Africa, Indonesia, Madagascar, Malaya, India, Mozambique,...
and Asian race groups to be represented in parliament on a segregated basis.
Bill of Rights proposal
The constitutions saw significant opposition from the anti-apartheid Progressive Federal PartyProgressive Federal Party
The Progressive Federal Party was a South African political party formed in 1977. It advocated power-sharing in South Africa through a federal constitution, in place of apartheid...
. While opposing the utility of white rule, the PFP attempted to incorporate a 'Bill of Rights' into the new constitution proposed by the National Party. The motion was first submitted in August 1983, by Shadow Finance Minister Harry Schwarz
Harry Schwarz
Harry Heinz Schwarz was a South African lawyer, statesman and long-time political opposition leader against apartheid, who eventually served as the South African ambassador to the United States during the country’s transition to representative democracy.Schwarz rose from the childhood poverty he...
. He stated that the Bill should guarantee freedom from discrimination on the ground of race, colour, sex or creed, freedom of conscience and religion, of thought, belief, opinion and expression, including freedom of the press, of association, peaceful assembly and movement, and freedom to pursue the gaining of a livelihood. It also included freedom from deprivation of life, liberty, security and property, except in accordance with the principles of fundamental justice. It would also guarantee equality before the law and equal protection and benefit of law.
Schwarz argued that if included in the constitution of the republic, it would act as a “protector of rights many people had struggled to achieve in South Africa” as well as to “act as an inspiration” to the people of South Africa and would “be a unifying factor in a country in which unity of people is essential for survival”. Helen Suzman
Helen Suzman
Helen Suzman, DBE was a South African anti-apartheid activist and politician.-Biography:Helen Suzman, a life-long citizen of South Africa, was born as Helen Gavronsky in 1917 to Jewish immigrants....
, Shadow Law and Order Minister, argued that the exclusion of the bill would lead to "a further loss of civil liberties by all South Africans - in short, to one-party, one-group dictatorship in this country". It was also argued that the bill would be a statement of intent demonstrating that the days of discrimination on the grounds of race or colour had come to an end.
While virtually all MPs of the Progressive Federal Party supported the bill, no other party in Parliament supported it. Rejecting Schwarz’s proposal, Daan van der Merwe of the Conservative Party
Conservative Party (South Africa)
The Conservative Party of South Africa was a conservative party formed in 1982 as a breakaway from the ruling National Party...
stated that the bill, based on a “leftist-liberal political philosophy”, would jeopardise the freedom of the white man. New Republic Party
New Republic Party
The New Republic Party was a South African political party. It was formed as the successor to the disbanded United Party in 1977. After the UP wound up, initially the last UP leader, Sir de Villiers Graaff served as the interim national leader of the new party, with Radclyffe Cadman as...
leader Vause Raw
Vause Raw
South African politician of the apartheid era. Born in Durban in 1921, Vause Raw was a prominent member of the United Party from the 1940s onwards. After the party disbanded in 1977, Raw was elected leader of its successor, the New Republic Party, continuing in that capacity until 1984. He served...
said Schwarz “a master at platitudes” was seeking idealistic freedoms that did not exist anywhere in the world.Following the rejection of Schwarz’s bill, fellow PFP MPs' Helen Suzman, Colin Eglin
Colin Eglin
Colin Wells Eglin is a South African politician who is best known for having served as national leader of the opposition from 1977–79 and 1986-87...
, Ray Swart and Dave Dalling attempted a further four times to introduce a Bill of Rights. The Bills' were effectively blocked by the National Party by placing them at the end of the order paper.