Heinz Klug's book on the South African Constitution forms part of a series on the constitutions of a range of nations. The inclusion of the South African constitution is not surprising given its genealogy and the significant role it has played in transforming the country.
The South African constitution was drafted in a two-phase process, the result of a compromise by the major political parties during the negotiations that followed Nelson Mandela's release from prison and the unbanning of the African National Congress and allied groups. The interim (1993) constitution was drafted during the 1990–3 multiparty negotiation process, while the final (1996) constitution was drafted by the newly elected democratic parliament after the historic 1994 election. Klug provides a good overview of how these documents were drafted and their impact on the country. He should be commended for not falling into the trap that has accounted for so many of those who write on South Africa's transition, namely the tendency to uncritically wax lyrical about reconciliation and ubuntu and the miracle of it all.
The ten chapters cover themes including the transition to democracy, the sources and main principles of the constitution, and provide an overview of the structure and role of parliament and the executive. The final chapter reflects on current threats to the constitution, which is especially relevant given the recent founding of the Council for the Advancement of the South African Constitution (CASAC), which was formed partly in response to the proposed Protection of Information Bill – which threatens to severely limit media freedom. It is significant that CASAC counts the most prominent South African legal scholars and practitioners among its founders. A suggested reading list is provided at the end of each chapter. Although helpful, these lists could have been more extensive and could have included more case law.
A minor complaint is that the chapters on the executive, parliament and the provinces might have been structured in a different order, but this hardly detracts from the book. It provides an accessible and very useful introduction to the history and impact of the South African Constitution which will be of help to those interested in South African history, politics and legal development.
