In 1994, South Africa held its first fully enfranchised election to usher in a new era and move away from the cruel Apartheid system of racial separation. This paper seeks to explain how political party-based constitutional negotiations in the final years of Apartheid influenced the country’s structure of government. I first address the more philosophical debate regarding the role of political parties in a constitutional society and how different countries regard the proper role of parties as either free association organizations or core political elements. I then explain how these debates have forged systems of government that benefit different kinds of political parties depending on their popularity and the geographic distribution of support. Turning to South Africa specifically, the paper then covers the legal history of political organizing in South Africa before Apartheid and the negotiations that lead to its revocation. By addressing how the electoral math of the major political parties and their respective interests, this paper argues that the unique experiences of Apartheid are one of the driving causes for the high level of protections for political parties in the South African Constitution. Furthermore, the story of how South Africa’s constitution came to be is a further argument for the need to view national constitutions in their own historical context rather than abstractly comparing different elements across vastly different histories as is done in the beginning of the paper.

Last modified

• 05/11/2021

Creator

• Akiyama, Connor

DOI

• https://doi.org/10.21985/n2-2epn-wk40

Publisher

• Northwestern Undergraduate Law Journal

Keyword

• northwestern undergraduate law journal

Date created

• 2021

Resource type

• Article

Rights statement

• In Copyright