Constitutional guidelines : a new dispensation for whites, coloureds, and Indians. 9780797002425, 0797002421

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COXSTiTuTIONAL GUIDELlNES:

CONSTITUTIONAL GUIDELINES:

A NEW DISPENSATION FOR WHITES,

COLOUREDS AND INDIANS

CONTENTS INTRODUCTION. THE GUIDELINES.................... CENTRAL GOVERNMENT. PROVINCIAL GOVERNMENT LOCAL GOVERNMENT.

QUESTIONS ON THE GUIDELINES PRINCIPLE IMPLEMENTATION . ELECTORAL COLLEGE

PRESIDENT EXECUTIVE AUTHORITY LEGISLATIVE AUTHORITY. CONFLICT CONSTITUTION. PRESIDENTS' COUNCIL, ..............„„..., ...

.....13 .... 1 4 .15 .18 ...19 21 23 23

G ENERAL QUESTIONS.... ......................................26

INTRODUCTION

Eversince the establishment of the Union of South Africa in 1910, successive governments have concerned themselves with the development of the peoples of South Africa, including their constitutional development. The recently announced guidelines for a new dispensation for Whites, Coloureds and Indians represent a further stage In this sustained effort by various governments to arrive at satisfactory constitutional solutions for South Africa. During the 1950s and 1960s the Black peoples of South Afnca were launched on a particular road of political and constitutional development. Transkei was granted self-government in 1963, and after the Constitution of the Black National States Act was placed on the statute book in 1971, the constitutional development of these states gathered much momentum. Rve years later Transkei became a sovereign independent state, and within the following five years Bophuthatswana, Venda and Ciskei also opted for independence. At the same time, more effective measures are being considered and devised to accommodate the political aspirations of those citizens of the Black states who reside and work outside their states. The constitutional development of Whites, Coloureds and Indians followed a different course — with varying degrees of success. Nevertheless, the Government set itself the task of undoingthe consequences of the one-man-one-vote approach followed in respect of these groups, and allowing them to develop within the context of their own communities. However, the Government's position throughout was that the political development of the Coloureds and Indians should not take the same course as that of the Black peoples, but that Whites, Coloureds and Indiansshould be accommodated within one and the same constitutional framework in the Republic. By the beginning of the previous decade it was realisedthat no satisfactory arrangementsin respect of these three groups had as yetbeen achieved. Consequently, the Theron Commission

was appointed in 1973 to inquire into all matters pertaining to the Coloured commun ity,including their political development. The Commission's proposals Ied to the appointment of a Cabinet Committee under the present Prime Minister, Mr P. W. Botha, to investigate ways and means of taking the political and constitutional development of these three groups further. The result of the recommendations of the Cabinet Committee was

what became known as the Government's 1977 constitutional plan. Owing to opposition by Coloured and Indian leaders, and in order to give all concerned an opportunity of deliberating further on the matter„ the plan was not implemented. Instead, it was referred to a select committee of which the current Vice-State President, Mr A. L. Schlebusch, was chairman. Later, the committee was converted into a commission of inquiry which recommended, infer alia, that an expert advisory body, the President's Coun@I, be established to give further consideration to the whole question of constitutional development. The President's Councilsubmitted its recommendations in May, 19B2. The guidelines now proposed are the result of a careful study and in-depth discussions of the President's Council's proposals in the light of the realities and requirements of the South African community of peoples. Some proposals were aaeptable, others not. For instance, the Government does not necessarily subscribe to the principle of consociational democracy because it would serve no useful purpose, or may even cause confusion, if one were to commit oneself to a specific academic model.

Instead, the Government's approach is to apply certain techniques and elements of various systems appropriate to the complexSouth African situation. The process through which the current guidelines were crystallised was a long and thorough one. They are not unfounded. Rather, they are the culmination of the painstaking

work of successive governments and of thorough consultations, They represent a stage in the sustained search for justice, orderly renewal and reform.

Underlying theseguidelines are the following basic principles: — The guidelines are designed to introduce a democratic dlspensatlon in which everyone, both individually and within his own community, will have an effective say in decisions aNecting his interests. — The ideal is a dispensation in whichdomination of one group by another will be eliminated and the rights and legitimate aspirations of all will be guaranteed and satisfied as far as possible. — Seif