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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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