One Law, One Nation: The Making of the South African Constitution
(Jacana Press, R250)
Recently we witnessed Cyril Ramaphosa reading out the conclusions reached by the appeal committee chaired by him in the matter of certain delinquent members of the ANC Youth League.
What a startling reminder that was of the monumental role he played in negotiating the final constitution for a democratic SA adopted in 1996. What vision, skill and sensitivity went into that process and what a tragedy for SA that afterwards he was not embraced as a political leader of our country.
The constitution that was finally adopted by the Constitutional Assembly was acclaimed by Valli Moosa as a consensus document belonging to the nation. That, he said, was what the ANC wanted, not a constitution reflecting that party’s numerical superiority. Sadly, we hear much talk now of the constitution not being what the ANC wanted.
The role of the Constitutional Court and Chapter 9 institutions in safeguarding and nourishing the values of the constitution causes discomfort in some quarters and a majority mandate is now insisted on.
If our constitution is under threat, it is because politicians find power so much more attractive than values.
One Law, One Nation provides a superb record of the making of the constitution. It deals with its predecessors, the 1910, 1961 and 1983 constitutions, paradigmatic of the unjust society we abjured. It also deals with the Freedom Charter and the Harare Declaration, in which the aspirations of the ANC were articulated.
The negotiated settlement, called for in the latter document, was achieved in strenuous, goal-directed sessions starting in 1990.
The book provides not only a factual account of these negotiations, but also the exciting feel of growing consensus and the exhilaration of the successful conclusion of that process.
How sad that memory is so short and what was so highly valued then can be so undervalued now. We need a book like this to remind us what a precious heri-tage we have to treasure, but unfortunately the politicians in question are not going to read it.
One Law, One Nation is a beautifully presented, richly illustrated coffee-table book and is highly recommended. – John Boje