SU 3.1

Question 1

Reflections and important aspects.

Answer 1

1. The Preamble of the Constitution
2. The Supremacy of the Constitution
3. Separation of Powers
4. The Bill of Rights
5. The Rule of Law
6. Unitary system

Question 2

External resistance to apartheid

Answer 2

1. International opposition from the United Nations
2. Opposition from the British commonwealth
3. Introduction of economic sanctions
   - Sports boycotts
   - Academic boycotts
4. End of Cold War

Question 3

Internal resistance to apartheid

Answer 3

1. Umkhonto weSizwe
2. Sharpeville Massacre
3. Back Consciousness Movement
4. Women’s March to the Union Buildings against pass law
5. Student uprising in Soweto
6. Adoption of the freedom charter.

Question 4

Transition to democracy

Answer 4

1980- There were high levels of conflicts in South Africa, apartheid had to stop
Mid-1980 - There were secret talks between the NP and the ANC
1985- Botha offered Mandela a conditional release, and he refused
1989- De Klerk became president.
1990- the release of Mandela and other liberation leaders from prison.
1991- the CODESA converned and tasked with drafting the Interim Constitution.

Question 5

Transition towards democracy.

Answer 5

The NP favored the drafting of the final constitution by unelected member of the MPNF.
2- Stage transition:
STAGE 1- unelected negotiating parties at the MPNF negotiated the Interim Constitution adopted by the apartheid.
STAGE 2: Constitutional assembly had to draft the final constitution after the first democratic election to he certified by the Constitutional Court.

Question 6

FIRST CERTIFICATION CASE

Answer 6

The constitution was not certified as it did not comply with the 34 Constitutional principles.

Question 7

SECOND CERTIFICATION CASE

Answer 7

The Constitution was sent back to the Constitutional assembly for reconsideration.

Question 8

Central theme of the UN Resolution

Answer 8

1. It condemned the escalating violence in South Africa and the Boipatong Massacre
2. It condemned the suppression by the ANC of bilateral talks with the South African Government
3. The resolution urged the South African authorities to bring an end to the violence.

Question 9

Constitutional Rights

Answer 9

Section 2 of the Constitution complies with Section 4 of the Interim Constitution.
- Supremacy of the Constitution

Section 19 of the Constitution complies with Section 21 of the Interim Constitution.
- Political Rights

Section 9 of the Constitution complies with Section 8 of the Interim Constitution.
- The Right to Equality.

Question 10

Defective provisions.

Answer 10

1. The right for individual employees to engage in collective bargaining was not protected
2. The fundamental rights, freedoms, and civil liberties protected were not entrenched.
3. Did not provide for the appropriate fiscal powers and functions of the local government
4. Did not provide the framework of the structure of the government.
5. Schedule 6 shields an ordinary statute from constitutional review.
6. The independence of the Public Protector and the Auditor general were not safeguarded.
7. Special procedures and majorities were not in place to amend the constitution.
8. There were no formal legislations to be adhered to by legislatures at local governments.

Question 11

Why should we not forget the past?

Answer 11

1. To establish a culture of respect of human rights.
2. Those who forget the past are doomed to repeat it.

Question 12

Legislations of the time

Answer 12

1. Bantu Education Act of 1950
2. Probibitation of mixed marriages act of 1949
3. Population registration act of 1950
4. Black Land Act of 1913
5. Separate Amenities Act of 1953
6. Group Areas Act of 1950

Question 13

Reason for mass segregation

Answer 13

the reason for mass segregation was an instrument to avoid conflicts and to indicate to the international forum that equal but separate developments have took place.