Скачать или смотреть SOUTH AFRICA: COURT REJECTS COUNTRY'S NEW CONSTITUTION

(7 Sep 1996) English/Nat

The South African government has gone back to the drawing board after the country's proposed new constitution, two years in the drafting, has been rejected by the Constitutional Court.

The 11 senior judges ruled the constitution failed to give sufficient power to the provincial governments.

The ruling vindicates the boycott of the constitutional talks last year by Chief Mangosuthu Buthelezi's Inkatha Freedom Party.

It claimed that the provinces, including its stronghold of KwaZulu Natal, would not be given enough autonomy.

11 senior judges from South Africa's Constitutional Court have rejected the country's new constitution.

The court ruled it failed to give sufficient power to provincial governments -- reopening one of the most contentious issues of South Africa's negotiations to end apartheid.

The Inkatha Freedom Party sees the ruling as a vindication of its stand to boycott the constitution-writing process.

The party, led by Mangosuthu Buthelezi has demanded strong provincial powers to avoid dominance by the national government, led by the rival African National Congress (ANC).

SOUNDBITE:
"It is heartening, I must say that it is very encouraging. I'm one of those who had reservations about the appointment or some of the appointments of the Constitutional Court. I think this decision of theirs has really vindicated the Constitutional Court that one can look up to it you know as court which can really adjudicate without one having qualms about what reason they make decisions."
SUPERCAPTION: Mangosuthu Buthelezi, President Inkatha Freedom Party

Other parties, including the white-led National Party that ruled under apartheid, also want stronger provincial powers.

They say the only way an ethnically diverse country like South Africa can survive is by preventing too much central control and protecting minority rights.

SOUNDBITE:
"It is not only the question of the validity but also the legitimacy of the process and as I said what I think is it is very important from all of this is the fact that in the final instance it was a court of law who decided and not the politicians, at the will of the politicians."
SUPER CAPTION: Roelf Meyer, National Party Secretary General

In its ruling, the Constitutional Court said the new constitution gave provinces powers "less than and substantially inferior to" those called for in an interim constitution negotiated by black and white leaders.

President Nelson Mandela said the government would abide by the ruling and set to rectifying the disputed areas within the three months allowed.

SOUNDBITE:
"We welcome that decision because it makes it clear that the basic structure of the Constitution is acceptable. In fact the President of the Constitutional Court has described this Constitution as "an historical, monumental achievement." But there are certain issues which they feel we've not correctly addressed and they have referred those matters to us to attend to within three months. We will do so."
SUPERCAPTION: Nelson Mandela, South African President

The Constitutional Assembly, which comprises the Parliament elected in the nation's first all-race election in 1994, will now reconvene to rewrite the passages cited by the court.

Most of the other provisions ruled unacceptable were relatively minor and technical in nature, probably requiring little redrafting.

Inkatha insists President Nelson Mandela reneged on a promise two
years ago to submit the issue of provincial powers to international mediators.










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