Republic of South Africa Constitution Act, 1983 | |
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Act to introduce a new constitution for the Republic of South Africa and to provide for matters incidental thereto. | |
Citation | Act No. 110 of 1983 |
Enacted by | Parliament of South Africa |
Date assented to | 22 September 1983 |
Date commenced | 3 September 1984 |
Date repealed | 27 April 1994 |
Repealing legislation | |
Constitution of the Republic of South Africa, 1993 | |
Status: Repealed |
The Constitution of 1983 (formally the Republic of South Africa Constitution Act, 1983) was South Africa's third constitution. It replaced the republican constitution that had been adopted when South Africa became a republic in 1961 and was in force for ten years before it was superseded by the Interim Constitution on 27 April 1994, which in turn led to the current Constitution of South Africa, which has been in force since 1997.
The creation of the 1983 constitution was spearheaded by then-Prime Minister P.W. Botha. It was approved by white voters in a referendum on 2 November 1983, in which 66.3% of ballots cast were in favour of the new constitution.
Among the 1983 constitution's most controversial provisions was its establishment of the Tricameral Parliament, a legislative arrangement that would permit the Coloured and Indian race groups to be represented in parliament on a segregated basis, and the abolishment of the office of Prime Minister in favor of an executive State Presidency under ruling Prime Minister P. W. Botha.
The constitutions saw significant opposition from the anti-apartheid Progressive Federal Party. While opposing the utility of white rule, the PFP attempted to incorporate a 'Bill of Rights' into the new constitution proposed by the National Party. The motion was first submitted in August 1983, by Shadow Finance Minister Harry Schwarz. He stated that the Bill should guarantee freedom from discrimination on the ground of race, colour, sex or creed, freedom of conscience and religion, of thought, belief, opinion and expression, including freedom of the press, of association, peaceful assembly and movement, and freedom to pursue the gaining of a livelihood. It also included freedom from deprivation of life, liberty, security and property, except in accordance with the principles of fundamental justice. It would also guarantee equality before the law and equal protection and benefit of law.