Constitution News is distributed by the ANC's National Constitutional Commission to keep ANC, alliance and MDM structures informed of developments in the constitution-making process.
There are a number of issues on which no agreement between the ANC and National Party has been reached, despite a series of bilateral talks. As a result these issues are to be discussed by senior negotiators of both parties during the course of the next two weeks in an attempt to break the deadlock.
We briefly examine the differences between the positions of the ANC and NP on five key issues.
ANC: The 11 official languages of South Africa should be constitutionalised. Provision should be made for the promotion and development of the official languages which were not official before the coming into operation of the Interim Constitution.
NP: There should be 11 official languages set out in the constitution. The status of Afrikaans and English before the coming into operation of the Interim Constitution should not be diminished. The constitution should not make it possible for one language to become a national language of use to the detriment of other official languages.
ANC: The national anthem should not be constitutionalised, but determined by presidential proclamation and gazetted (as in Interim Constitution). After 1999 Nkosi Sikelel' iAfrika is to become national anthem. A combination of Die Stem and Nkosi Sikelel' as a national anthem is unacceptable.
NP: A combined national anthem made up of verses from Nkosi Sikelel' iAfrika and Die Stem should be constitutionalised.
ANC: The right to life should be constitutionalised and limited only by the general limitations clause in the bill of rights. The death penalty should be abolished, but no constitutional provision is necessary to this effect.
NP: The right to life as well as the retention of the death penalty for certain crimes should be constitutionalised.
ANC: The right to strike should be constitutionalised. The right to lock out should not be. The right to lock out is not an internationally recognised constitutional right.
NP: The right both to strike and lock out should be constitutionalised.
ANC: The seat of parliament should not be constitutionalised but should be determined by national legislation. The issue is currently being considered by cabinet and should not be rashly decided.
NP: The Interim Constitution position should be retained, which says the national assembly "shall sit at the Houses of Parliament in Cape Town, unless the Speaker, in accordance with the rules and orders in consultation with the President of the Senate, directs otherwise on the grounds of public interest, security or convenience".
Workshops on the final constitution were held during the past month in six of the ANC's nine provincial structures.
The general view from these workshops was that the national assembly should be in the region of 300 members. The seat of parliament should not be written into the constitution. There should be no enforced coalition. There should be a single deputy president, and no prime minister.
It was generally agreed that the electoral system should contain a mixture of proportional representation and constituency-based representation. Elections should be conducted by an independent electoral commission.
The council of provinces, which would replace the senate, would be comprised of about 10 representatives from each province, about half of which should be full-time.
There was a general concern that market-related compensation for land expropriated by the state should not be constitutionalised.
Below is a summary of the key resolutions of each provincial workshop.
National Assembly
Should be composed of 300 MPs
Seat of parliament
Do not constitutionalise
Executive
Government of National Unity must be out by 1999.
No prime minister.
One deputy president.
Electoral system
40% proportional representation (PR), 60% constituency based.
Voting age 18.
Council of provinces
Proportional representation.
Local government representatives elected by council of districts.
Provinces
Property
no market related compensation.
Include right to work.
National Assembly
Should be composed of 300 MPs
Seat of parliament
Do not constitutionalise, reassess after 10 years.
Executive
No GNU.
Electoral system
Proportional representation
Council of provinces
No more than 10 representatives per province.
Provinces
Provincial competences should include correctional services, foreign affairs, energy affairs and 60% of mineral affairs.
Bill of rights
Property
state should finance those who cannot afford property.
Local government
Local government should enter into partnership with private sector for local development.
National Assembly
Should be composed of 200-300 MPs
Seat of parliament
Do not constitutionalise, ensure participation of public in decision.
Executive
No forced coalition
No prime minister, only deputy president
Cabinet of between 15 and 30 ministers.
Electoral system
60% proportional representation
40% constituency based.
Council of provinces
Full time and 'floating' members, who would come from provincial legislature or executive.
Provinces
Socio-economic rights should be limited by capacity of state to deliver.
Local government
Local government powers and functions to be detailed in legislation.
National Assembly
No more than 350 MPs.
Seat of parliament
Presidential committee to consider seat of parliament.
Executive
No more than 2 terms for president
One deputy president
Between 15 and 25 cabinet ministers
Electoral system
60% proportional representation,
40% constituency based.
Home affairs to run election, supervised by IEC.
Council of provinces
Half full-time representatives elected by legislatures - can be recalled.
Provinces
Legislature of between 30 and 100 MPLs.
Executive of between 5 and 10.
No provincial flag or anthem.
Bill of rights
Privacy
balance right to privacy and law enforcement,
Labour
no lock out right.
Local government
Role of traditional leaders to be detailed in legislation.
National Assembly
Should be composed of 300 MPs.
Seat of parliament
Do not constitutionalise.
Executive
No GNU
President and deputy president.
Electoral System
Mixture of PR and constituency system
Independent Electoral Commission.
Council of provinces
Shouldn't include local government representation
No more than 10 reps per province.
Provinces
Provincial police commissioner to be appointed by province.
Council of provinces
No local government representation.
Provinces
Institution of traditional leadership should be recognised, but role and status should be dealt with in legislation.
Bill of rights
Expression: prohibit hate speech leading to harm.
Local government
System of chiefs holding land in trust for communities should be done away with
Created: 19 March 1996