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MEMORANDUM
FROM: THE FREEDOM FRONT
TO: THE EXECUTIVE DIRECTOR, CONSTITUTIONAL
COMMITTEE
Dear Mr. Ebrahim,
THE PROCESS OF WRITING THE NEW CONSTITUTION
- Referring
to your request that the different parties give their ideas about the process of
drawing up the new constitution. Herewith
the contribution of this party. We
understand the "process" to be the best method to reach the correct
solution.
- TIME
ALLOCATION
2.1 The new constitution must be written according to the constitution of the
Republic by April 1996. It is suggested that the target
date for planning
purposes be 28 February 1996. This allows for a reserve of two months to
complete or to amend the Constitution.
The latter option may be necessary
because the provincial system and local government will be implemented so late
in the two year
period that no meaningful lessons would be learnt from the
experience.
2.2 It is suggested that the time allocation for this period be as
follows:
2.2.1 AS FROM THIS DATE TO 30 JUNE
1995
Research and study by the Constitutional Assembly and all the committees in
terms of:
- The
unique demands the South African Situation poses to the Constitution. It should
include the following:
- Historical
development of the political process in South Africa.
- Economic
development potential - growth.
iii) Population composition and cultural differences.
- Traditional
customs and governmental systems.
v) Political/ideological factors and cultures.
- Conflict
potential and the prevention of conflict.
- Regional
influences on the Constitution of South Africa.
- Political
aims and endeavours of the different political parties.
- Comparative
case studies of successful Constitutions to apply directly or after amendments
to satisfy the unique South African demands
of the
Constitution.
- Constitutional
guidelines that is suitable in the South African context.
2.2.2 JULY 1995
A publication summarising the findings
of
the above studies should be disclosed during this period. It should form
the basis of the formulation of the general guidelines for
the new constitution
and should enjoy agreement in the general consensus.
2.2.3 AUGUST 1995 TO FEBRUARY 1996
The formulation and
writing of the constitution should take place during this period. This party
proposes that the writing be presented
to a technical committee and be monitored
by the Constitutional Assembly and the different committees as required.
- PUBLIC
INVOLVEMENT IN THE WRITING OF THE
CONSTITUTION
Contributions from outside the
Constitutional Assembly will be very valuable in the first phase of the process.
The study in terms
of the seven (or more) topics mentioned above to analyse the
unique demands of the South African situation to the constitutional
writing, can
come from contributions from within the Constitutional Assembly or from outside
as follows:
3.1 By inviting recognised experts to deliver papers and make presentations
to the different committees for discussion.
3.2 By inviting organisations, communities or individuals to make
presentations about the specific topics.
3.3 By making the July 1995 document concerning the findings public for
analysis before the Constitutional Assembly discuss, finalise
and accept the
document.
- Public
involvement can also be obtained in the "formulation phase" of the Constitution
by publishing the formulation as it progresses
for comments.
- This
party present the above as a broad plan which can be amended
accordingly.
GENERAL CONSTAND VILJOEN
MP
Leader: Freedom Front
9 September
1994
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