South Africa 1996
The South African constitution writing process was a response to a civil war arising from minority domination of the political, social, and economic spheres. Leaders from major parties, including combatants, met behind closed doors to develop constitution making procedures. In a semi-public setting, they also agreed on some basic principles any draft would have to respect, as well as the rules that would govern each stage of subsequent deliberations. They established a certification procedure to ensure that the elected constitutent assembly that would develop a full text would continue to respect initial agreements between the major players.
The next step was to hold elections for a new national legislature that would double as a constituent assembly. The 490 members of this assembly created a drafting committee drawn from the assembly’s ranks. The committee wrote the language for a new constitution and submitted its proposals to the larger body for deliberation. News reporters covered these deliberations. After revision, the assembly accepted a text by a 2/3 vote and made the draft available for public comment.
A new constitutional court sponsored hearings to determine whether the draft respected the principles outlines in the initial agreement between the warring parties, listening to challenges brought by civic groups and individuals. The court sent the draft back to the assembly, requesting nine revisions. It accepted a modified version of the text.
Notes: Civil violence continued during this process, although clashes between militias and security forces diminished. Major military clashes came to an end, although the 1990s saw an increase in criminal violence and insecurity throughout the southern African region.