IEC Box

Date: 22 September, 1995

The Constitutional Court's ruling against the use of decree powers by President Nelson Mandela, threw the preparations for the local elections scheduled for November into disarray. The National Party's (NP) provincial government of Western Cape was disputing Mandela's use of the decree powers to overrule electoral boundaries drawn by its officials. The court ruled that an amendment to the local elections, was unconstitutional, and that parliament did not have the right to delegate such powers to him. Parliament was given until 25 October 1995 to adopt the electoral legislation if the local government elections were to take place as planned.

Mandela responded by declaring that the elections and preparations would continue as planned despite the ruling. Acknowledging the significance of the ruling, he said he would consult with the Cabinet and Parliament, which had gone into recess on September 15, to reconvene as soon as possible. Speaker of Parliament, Frene Ginwala said it was possible for Parliamentary Constitutional Affairs Portfolio Committee to consider corrective legislation without disrupting the elections.

References:

1. Fraser, R. (1990). Keesing's Records of World Events, Longman: London, p. 40712.