Technical Committee on Constitutional Issues

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    Ninth report of the Technical Committee on Constitutional Issues to the Negotiating Council ,10th August 1993
    (CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    The ninth report of the Technical Committee on Constitutional Issues contains a draft outline of the Constitution for the transitional period.
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    Reports 12 to 27 of the Technical Committee on Constitutional Issues
    (1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    This volume contains reports 12-27 of the Technical Committee on Constitutional Issues, and deals with a wide range of constitutional issues: Report 12 deals with the structure and functioning of the courts in the new South Africa. The 13th report deals with local government and outstanding matters requiring the urgent attention of the Negotiating Council. Report 14 deals with the office of the Ombudsman and the Human Rights Commission. The 15th report presents proposals for provisions relating to the establishment of a Commission for Administration and the Public Service. Report 16 deals with the procedure for the election of the President of the Republic of South Africa. The 17th report deals with issues related to finance. It deals with the transfer of assets and liabilities from the existing administration to the new administration. Provision also had to be made for the operation of a national revenue account, the control of state expenditure, the appointment of an independent Auditor General and the establishment of the Fiscal and Financial Commission. Report 18 deals with issues regarding the establishment of provinces and provincial legislatures. Report 19 deals with the executive powers of the Republic, such as the election, powers and functions of the President, as well as the accountability of ministers and the Cabinet. Report 20 deals with the establishment, status and financing of local government. Report 21 contains constitutional principles as they were presented to the Negotiating Council in the draft outline of the Constitution on 20th August 1993. Report 22 covers procurement procedures, the disqualification of members of Parliament, the vesting of property, the National Revenue Fund, and the powers of the Auditor General and the Reserve Bank. Report 23 contains part of the draft Constitution relating to the Public Protector, the Human Rights Commission, the Auditor General, the South African Reserve Bank, the Financial and Fiscal Commission, the Public Service Commission and the Public Service. Report 24 is a preliminary draft of chapter 10 of the Constitution which deals with traditional authorities and local government. Report 25 contains a draft of chapter 7 of the Constitution dealing with the judiciary, local government and a new chapter on local authorities. The 26th report contains a draft of chapters 1-2 and schedule 7 of the Constitution dealing with formal and constituent provisions, citizenship and the franchise and Constitutional principles. Report 27 contains a draft of chapters 13 and 14 of the Constitution, dealing with the South African police force, the establishment of a national defence force and general and transitional provisions.
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    Supplementary reports
    (CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    This document contains four supplementary reports which the Technical Committee on Constitutional Issues submitted to the Negotiating Council. The contents of these reports consists mainly of amendments of sections of the Committee’s original reports on draft constitutional principles . The first supplementary report deals with issues contained in paragraph 2 of the Technical Committee’s third report, which were referred back to the Committee for reformulation. The second supplementary report contains responses to a number of issues raised by the Negotiating Council in response to paragraphs 2 and 3 of the Committee’s third report. Where issues were raised, the Committee identified them and made the necessary recommendations for the finalization of the relevant constitutional principles. The issues raised mainly centered around the wording of the principles regarding the status of indigenous laws and traditional leadership, and the fiscal powers and functions of different levels of government. The third supplementary report deals with the issues which were raised when the constitutional principles were revisited during a debate in the Negotiating Council. Once again, where issues were raised, they were identified and the necessary amendments were made. The fourth supplementary report deals with outstanding matters, and with certain typographical and grammatical errors in the constitutional principles adopted by the Negotiating Forum
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    Special reports on confederalism
    (CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues.
    The Technical Committee on Constitutional Issues drafted two reports, in which it dealt with the submissions received from the Conservative Party and the Government of Bophuthatswana concerning the issue of confederalism. The Conservative Party requested an Afrikaner state, separate from the rest of South Africa. The Party provided details of the governance and legal system of the state it envisaged. However, the Committee was of the view that no state could exist in vacuo. While the Committee did not contest the right of the Afrikaner people to self determination, it was of the opinion that as a minority group they could be protected in the South African state within the ambit of the constitutional principles, which were being debated in the Negotiating Council. The issue of citizenship was also problematic, because all non-Afrikaners residing in the state would be disenfranchised. They would be regarded as aliens. This was not acceptable to the Committee. The government of Bophutatswana requested a confederation of states, i.e. a voluntary association of separate independent TBVC states. The Committee pointed out that the TBVC states were not recognized as independent states by the international community. Another problem was that the TBVC states were interspersed between existing regions and provinces of South Africa. They were to all intents and purposes part of South Africa. Furthermore, the inhabitants of the TBVC states were South African by birth, before these states became independent. There were strong indications that they and their descendants wished to regain this status. Finally, the demographics, economic systems, financial viability and the politics of the TBVC states were intrinsically linked to those of South Africa. Thus a semi-confederal or hegemonic state system for South Africa and the TBVC states was not possible.