CSL2601
Assignment 1
Semester 1
Due March 2026
, Question 1
What is meant by constitutional democracy in the South African context from 2
February 1990 to date?
Constitutional democracy in South Africa refers to a system of government in which
political power is exercised in accordance with the Constitution, the rule of law, and
respect for fundamental rights. From 2 February 1990, when President FW de Klerk
announced the unbanning of liberation movements and the release of Nelson Mandela,
South Africa began its transition from apartheid to a constitutional democracy based on
equality, accountability, and multi-party participation (De Klerk, 1998).
The adoption of the Constitution of the Republic of South Africa, 1996 marked the
formal establishment of this democracy. Section 1(d) of the Constitution states that
South Africa is founded on regular elections and a multi-party system of democratic
government to ensure accountability, responsiveness, and openness (Republic of South
Africa, 1996). This means democracy in South Africa is not only about voting, but also
about institutions, checks and balances, and political competition.
South Africa’s democracy is described as multifaceted because it includes
representative democracy through elections, constitutional supremacy, judicial
oversight, and participatory elements such as public involvement in law-making
(Doctors for Life International v Speaker of the National Assembly, 2006). Opposition
parties are therefore expected to play an active role in all these aspects, not only during
elections.
Assignment 1
Semester 1
Due March 2026
, Question 1
What is meant by constitutional democracy in the South African context from 2
February 1990 to date?
Constitutional democracy in South Africa refers to a system of government in which
political power is exercised in accordance with the Constitution, the rule of law, and
respect for fundamental rights. From 2 February 1990, when President FW de Klerk
announced the unbanning of liberation movements and the release of Nelson Mandela,
South Africa began its transition from apartheid to a constitutional democracy based on
equality, accountability, and multi-party participation (De Klerk, 1998).
The adoption of the Constitution of the Republic of South Africa, 1996 marked the
formal establishment of this democracy. Section 1(d) of the Constitution states that
South Africa is founded on regular elections and a multi-party system of democratic
government to ensure accountability, responsiveness, and openness (Republic of South
Africa, 1996). This means democracy in South Africa is not only about voting, but also
about institutions, checks and balances, and political competition.
South Africa’s democracy is described as multifaceted because it includes
representative democracy through elections, constitutional supremacy, judicial
oversight, and participatory elements such as public involvement in law-making
(Doctors for Life International v Speaker of the National Assembly, 2006). Opposition
parties are therefore expected to play an active role in all these aspects, not only during
elections.
