LAUNCH OF THE CONSTITUTIONAL HANDBOOK FOR MEMBERS OF THE EXECUTIVE DELIVERED BY THE DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT MS CHERYL E GILLWALD

GALLAGHER ESTATE, 16 NOVEMBER 1999

OPENING REMARKS

Ladies and Gentlemen

On behalf of the South African Government, President Mbeki our partners in this initiative, the National Democratic Institute for International Affairs (NDI) and Constitutional Concepts, I welcome you to the official launch of the Constitutional Handbook for members of the Executive.

Allow me to start of by acknowledging the key role that the NDI and Constitutional Concepts played in this project. They enriched the process of drafting this Handbook with their expertise and enthusiasm and illustrated the viability of close partnership between the Government and the private sector in South Africa. I thank them for this.

Guiding the compilation and drafting process, was an editorial board established with the sole purpose of commenting on the legal accuracy, quality and overall success of the handbook. Members of the board included Adv M Gumbi, Prof N L R Haysom, Dr M P Ncholo, Dr P Pillay, Mr R K Sizani, Mr E Daniels, and Mr Z Titus (Chairperson).

1. OBJECTIVES OF THE HANDBOOK

South Africa's Constitution is rich with promises of peaceful nation building and democratic development in a society previously riddled with political conflict. It tasks the members of the Executive - on national and provincial level - to ensure the highest possible degree of economic co-operation, mutual assistance where necessary and joint planning consistent with social, economic, political and environmental realities. It established a new constitutional framework intended to usher in a future "founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex".

Whether the values and principles introduced by this Constitution will one day characterise the fabric of South African society will certainly not depend on the Constitution or its institutions alone. For that to happen, the Executive must inspire the ordinary citizens of this country to make the Constitutional a living document. Part of the success in reaching this goal lies in an educated and informed Executive. In the final analysis, the best safeguard against the violation of rights and the abuse of power is knowledge of what underlies the Constitutional framework. This process of empowerment goes hand in hand with the ability to communication in the parlance of the subject-matter.

This goal guided and structured the initiative to produce this Handbook.

In governing the country, members of the executive are mandated by the Constitution, the supreme law of the country, to administer the laws of the Republic and to formulate government policies.

This Handbook is in no way intended to substitute other resource material that Ministers will need to execute their duties effectively. It must be read with the Constitution, the Ministerial Handbook, the Manual on the Executive Acts of the President and other legislation and policy documents which impact on the powers and functions of the executive authority.

The aim of the Handbook is to promote an increased understanding of the constitutional responsibilities of members of the Executive. The Handbook is a user-friendly guide attempting to draft the constitutional responsibilities of members of the Executive and also summarises the constitutional provisions, laws and principles which govern or relate to their responsibilities. It will be distributed to all Ministers, Deputy Ministers, Premiers and Members of the Executive Council (MEC's) in the Provinces.

2. CONCLUSION

The Handbook is thus a tool to enrich our democracy. It is an acknowledgement of the importance of knowledge to ensure accountability and transparency. Accountability and transparency are two concepts which form part of the essence of the notion of democratic governance. In this regard the members of the Executive have a duty to lead.

We have chosen to link the launch of the Handbook to this Conference on African Renaissance, because the advancement of multi-party democracy on the African continent during the last decade, raises the hope that countries will rise to the political challenges of a new era based on tolerance and the protection of human rights. In South Africa significant progress has been made to address the legacy of apartheid, by the establishment of a constitutional state.

Although there are still many challenges facing Africa, it is important that we all contribute to a regeneration and rebirth of the continent by the adoption of policies that would enhance democracy, social well-being and economic development. In so doing we will be ensuring that the future of Africa will be one deserving of our children's dreams and expectations.

I thank you.