Federalisme as ’n proses: ’n evaluering van die federalistiese momente in die 1996-grondwet

Abstract

Federalism as a process: An evaluation of federalist moments in South Africa’s final Constitution of 1996

In this article the federalist elements in South Africa's final Constitution of 1996 are assessed. It is shown that due to historical forces the fullest possible (or “ideal") form of federalism has hardly been attainable in South Africa. This did not, however, result in a total exclusion of everything federalist in the final Constitution. Federalist structures are relatively weakly defined but provision is made fo r procedures which could give wings to centrifugal forces determining the relationship between central government and the newly-created geographical components of the state (i.e. the nine provinces). These centrifugal forces are subject to centripetal checks and balances which do not, however, totally exclude the attainment of a relatively clearly pronounced federal state. Much will depend on how procedures and conflict resolution mechanisms provided fo r in the Constitution will be used. The federalist characteristics of the new South African state were not finally decreed by those negotiating the contents and "direction ” of decentralist elements in the final Constitution. It is thus difficult to define South Africa as either a federation or a union. It is probably best described as an essentially unitary state divided into geographical units which could, in the course o f time, differentiate into more pronounced components of a federal state in the classical sense.