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Politics of Transition 9781841131788

Politics of Transition

The Hidden History of South Africa's Negotiated Settlement

ISBN-10: 1841131784
ISBN-13: 9781841131788
PUBLISHER: Hart Publishing Limited
Also available at
Note: Not guaranteed to come with supplemental materials (access codes, CDs, DVDs)
Product Description: Co-publication with Witwatersrand University PressDuring the early 1990s,South Africans kept a close eye on the media coverage of South Africa's negotiated transition to democracy. Likened to a soap opera by some, the negotiations featured violent interlopers, dramatic walkouts, alliances and, somehow, a fortunate conclusion in the form of the Interim Constitution and Bill of Rights. The importance of the negotiating process and the Interim Constitution itself should not be underestimated, however, in relation to their longer-term influence over the form of democracy currently enjoyed in South Africa. In this brave publication, Spitz and Chaskalson examine the politics behind the Kempton Park negotiations and the Interim Constitution, and the influence that these have had on the subsequent consolidation of a South African democracy. This book will be of importance to anyone interested in South African politics, constitutional law, democracy and human rights.CONTENTSIntroduction; 1. Transitions to democracy; 2. The collapse of CODESA and the return to the negotiating table; 3. The Kempton Park negotiations of 1993; Section A: Core Constitutional Issues; 4. The Technical Committee on Constitutional Issues; 5. Negotiating the process; 6. Constitutional principles; 7. Powers of the provinces; 8. Executive government; 9. Parliament and the Constitutional Assembly; 10. Local government; 11. The Constitutional Court; Section B: The COSAG parties; 12. Negotiations with the Inkatha Freedom Party and the Freedom Front; Section C: The Bill of Rights; 13. Background to the drafting of the Bill of Rights; 14. Operational provisions; 15. The equality clause; 16. Other basic rights; 17. The property clause and the question of redistribution of land; 18. Customary law and the issue of traditional leaders; Conclusion; 19. The longer-term influence of the negotiations on South Africa's democracy: The impact of the Interim Constitution on the final constitution.ContentsHistorical BackgroundIntroductionCodesa, Collapse, and Back to Kempton ParkThe Kempton Park NegotiationsThe TalksThe ProcessCore Constitutional IssuesThe Technical CommitteeNegotiating the TransitionExecutive GovernmentThe LegislatureThe Powers of the ProvincesLocal GovernmentThe Constitutional CourtThe Concerned South Africans GroupThe COSAG Parties: Strange Bedfellows or Natural Partners?Drafting the Interim Bill of RightsFundamental Human Rights: The CommitteesOperational ProvisionsThe Equality ClauseProperty, Land and HousingControversial Rights and FreedomsUncontroversial Rights and FreedomsTraditional LawThe Interim Bill of Rights AssessedKempton Park and BeyondConclusionPostscript: The Final Constitution and the Legacy of the Interim Constitution

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PAGES: 304
CATEGORY: Political Science

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