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30 January 1995
I am writing in response to your press
advertisement inviting opinions about the
new Constitution.
At
the outset let me say that I have read the present interim Constitution and am
of the opinion that it should serve as the framework
for the new Constitution.
At the present stage in its history, I do not think that South Africa can afford
the luxury of a completely
new Constitution every two years, together with all
the disruptive changes that must inevitably
(End of page 1) follow. I
therefore propose that the interim Constitution simply be re-enacted with one or
two changes, as indicated
below.
In a multi-cultural country such
as South Africa, with its many minorities, it is of the utmost importance to
provide safeguards against
the abuse of power, and more particularly against the
possible tyranny of the majority. For this reason it is essential that
power-sharing
by minorities should be strengthened and should become a permanent
feature of the new Constitution. With this end in view I would
like to suggest
that, should consensus be unattainable, a majority of at least 75% of all its
members should be required for all
Cabinet decisions. This should also apply to
all decisions by Provincial Executive Councils.
The Chapter on
Human Rights in the present Constitution should be entrenched so that it
can only be changed by a majority of at least 80% of all the members of
each House of Parliament sitting separately together with a majority of at
least
80% of all the members of
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each and every Provincial
Legislature.
The Constitutional Principles contained in Schedule 4 of the
present Constitution
should be entrenched so that they can never be changed.
Once the new
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Constitution has been approved it should become a requirement that any
amendments to the new Constitution will have to comply with
the Constitutional
Principles and that the Constitutional Court will have to certify that any
proposed amendment does comply with
them.
To approve a
Constitutional amendment a 75% majority of each House of Parliament sitting
separately should be necessary together with
a majority of 75% of all the
members of at least seven of the nine Provincial Legislatures. Similarly, the
special majorities in
the two Houses of Parliament must be majorities of all
members.
Proportional representation ensures that minorities are
represented in Parliament. Nevertheless, it is desirable that a small
proportion
of members of Parliament should be elected on a constituency basis,
but not more
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than 20%.
Members of Parliament who
resign from the party to which they belong should not be obliged to
automatically vacate their seats in
Parliament. If a Member representing a
constituency should lose his seat, the resulting vacancy should be filled by
means of a by-election.
The salaries of all elected officials
should be determined by an independent and impartial committee, whose selection
is not in any
way influenced, either directly or indirectly, by the officials
whose salaries the committee will determine.
The Constitution
should specify clearly which powers are to be exercised by the
central
Government. All residual powers should vest in the
provinces.
Finally, as far as is practicable for legal purposes,
the Constitution should be written in plain language. The existing national
flag and anthems should be retained.
Kindly acknowledge receipt
and advise me whether my proposals are to be
considered.
Yours
faithfully
(SGD) B S HIDDLESTON
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