Special Hearings — Political Party Hearings — 1996-08-20

MR LEON: Chairperson, in fact in the debates of the adoption of this final constitution which is yet to be certified, we tried to get as many of those 34 principles which you have mentioned, which Commissioner De Jager whom I know best of the whole Commission, because we served in the same place across the road for several years, forgive me, Adv de Jager, but which Commissioner de Jager mentioned, we tried to sort of telescope into several paragraphs and make sure that before the Bill of Rights, which to us is fundamental, to ensuring that there isn't future violations of individual liberties, the deprivation of citizenship rights such as we have described this afternoon, to ensure that those 34 or the most important elements were made, were the conditions which were to be met before the Bill of Rights could be amended.
 We were not successful in that effort, although there is to be fair, a general in the beginning of the constitution, there is a founding principle which has to be observed before there can be amendments, so it is not just simple.  75 Percent can amend that one, but that in turn, to us it is not expansive enough.  So as it were, one has not succeeded in getting those principles, some of which are essential and should be really beyond repeal and beyond a vote, because they are foundational to any democracy and any system of rights.
 But why we mention in some detail these specific examples here, is we believe that a recommendation from this Committee will carry a significant amount of weight and that this Commission will put down, one hopes, a bench mark, against which any deviation or deprivation of rights in the future, will have to be measured against.  To us it would not just be a symbolic gesture or an exercise in futility, it will have real meaning and hopefully will be a reference point, should you so decide that there are certain fundamental principles which any constitution in the future in South Africa, must conform to.

CHAIRPERSON: Clearly, we would have been greatly impoverished had you not come forward to make a submission and we are grateful that you have prevented that impoverishment from happening.
 May I in thanking you again for coming and making that very substantial presentation, also pay a warm tribute to Helen Suzman for the part that she played in the evolution of democracy in our country.
 We adjourn ...

MRS SUZMAN: I just want to say that following on what Mr Leon has said about some of the principles not being properly entrenched, I think on the whole, we have won the battle.  I think the Bill of Rights contains many of the basic really important principles, which entrenched the rule of law and individual liberty and protection against discrimination.  I know that it is politically incorrect to talk about being a liberal these days, but I want to say that I am proud to be a liberal and everything I did during the years I was in Parliament on behalf of the Progressive Party, was to advance liberal values.
 And I want to say sir, that we have won.

CHAIRPERSON: You won't actually have the last word.   We adjourn until tomorrow morning at ten o'clock.