The constitutional status and role of selected chapter 9 institutions

Abstract

The centuries of colonialism and apartheid that preceded the democratic transition in South Africa were characterised by such large-scale violations of human rights that the United Nations declared apartheid an international crime against humanity.1 Against this background, it is not surprising that Principle II of the 34 principles which guided the negotiated transition to democracy provided that ‘everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution’.2 Principle II was supplemented by Principle VII which mandated the drafters of the current Constitution to create a post-apartheid judiciary with strong review powers,3 typical of post-World War II constitutionalism,4 in order to enforce the constitutionally entrenched human rights.