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21 Colum. Hum. Rts. L. Rev. 73 (1989-1990)
Judicial Review and Protection of Human Rights under a New Constitutional Order in South Africa

handle is hein.journals/colhr21 and id is 79 raw text is: Judicial Review and Protection of Human Rights Under a New Constitutional Order in South Africa by Penuell M. Maduna* INTRODUCTION In South Africa today it is generally accepted that there is a need for a new constitutional order. The ruling National Party, the party that imposed the hateful system of apartheid which has occasioned untold damage and wreaked havoc on millions of our people, has been compelled to concede that its homelands solution is unworkable. The 1983 apartheid constitution, initially hailed as signalling the end of the system, has been a disaster. Despite the tri-cameral parliamentary system and the homelands, the basic problem of the South African constitutional order-the exclusion of the indigenous African majority from the exercise of power-remains unresolved. Legitimacy continues to elude the National Party so much that it has been compelled to rely increasingly on brute force to maintain its order. Essentially, the debate about a new constitution is between the parochially minded forces of apartheid and white minority rule on the one hand and the majority of South Africans who derive inspiration from the Freedom Charter on the other. The former are working very hard to produce a pluralist constitution under the pretext of protecting political group rights when in fact they seek to prolong the nightmare of institutional violence that they originally implemented. Through the proposed National Council, which has so far proved to be a non-starter, the Pretoria regime hopes that a constitutional order that entails sharing power with blacks without dissolving white minority rule will emerge Member of the Secretariat of the African National Congress Department of Legal and Constitutional Affairs; member of the Secretariat of the African National Congress Constitution Committee.

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