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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Soul of a Nation: Constitution-Making in South Africa

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ISBN13: 9780195715057
ISBN: 0195715055
Published: June 1999
Publisher: Oxford University Press Southern Africa
Country of Publication: South Africa
Format: Paperback
Price: Out of print

Soul of a Nation is designed to be read as a continuous narrative, but also for use as a reference work. The book includes a detailed chronology of events in the negotiating process, and a thorough index including key role-players' names and issues covered in negotiations and the documents in part two.

The notes provide a guide to the coverage of the negotiations process in the print media at the time, where the process manifested itself in the public sphere.;Part one of the text provides a detailed account of the negotiating process and its key players from 1989 to 1996.

It also includes a chapter on South African constitutional history over the last 90 years, and a forward-looking epilogue on insights from the negotiating table. Part two of the book is a ""documentary history"", comprised of 36 key documents from South Africa's constitutional history since 1902.

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South Africa, Other Jurisdictions
Part 1 Constitution-making in South Africa: historical background; exploring the feasibility of negotiation; removing the obstacles; preparing to negotiate; defining the agenda; defining the process; negotiation an end to a deadlock; negotiating the transition; framework for negotiating the final constitution; negotiating the final constitution; certification of the final constitution; the public participation process. Epilogue: lessons from the negotiating tables.
Part 2 Schedule of documents: Peace Treaty of Vereeniging, 31 May 1902; letter from E.R. Roux to Douglas Wolton, 5 September 1928; resolution of the ""South African question"" adopted by the Executive Committee of the Communist International following the sixth Comintem congress; ""Our Annual Conference - an inspiring gathering"" - report in ""The South African Worker"" 31 January 1929; programme of the Communist Party of South Africa adopted at the seventh annual conference of the party, 1 January 1929; African;s claims in South Africa; the Freedom Chapter, 26 June 1955; letter on the current situation and suggesting a multi-racial convention, from Chief Albert J. Luthuli to Prime Minister J.G. Strijdom, 28 May 1957; first letter from Nelson Mandela to Hendrik Verwoerd, 20 April 1961; letter from Nelson Mandela to Sir de Villiers Graaff of the United party, 23 May 1961; second letter from Nelson Mandela to Hendrik Verwoerd, 26 June 1961; notes prepared by Nelson Mandela for his meeting with P.W. Botha, 5 July 1989; the Harare Declaration, 1989; resolution on negotiations and the Constituent Assembly, 8 December 1989; a ""document to create a climate of understanding""; F.W. de Klerk's speech at the opening of Parliament, 2 February 1990; the Groote Schuur minute; the Pretoria minute; the D.F. Malan accord; advance to national democracy - guidelines on strategy and tactics of the ANC; ANC National Consultative Conference, december 1991; CODESA 1 - declaration of intent; memorandum from Nelson Mandela to F.W. de Klerk; de Klerk's reply to Nelson Mandela, 2 July 1992; response by Nelson Mandela to F.W. de Klerk's 2 July 1992 memorandum, 4 July 1992; Nelson Mandela's reply to F.W. de Klerk, 9 July 1992; record of understanding, 26 September 1992; negotiations - a strategic perspective, 25 November 1992; resolution on the need for the resumption of multi-party negotiations, 5 March 1993; the Negotiating Forum - resolution on violence, 1 April 1993; the Negotiating Forum - resolution on the transition process, 1 April 1993; the Negotiating Council - resolution on violence, 3 June 1993; accord on Afrikaaner self-determination, 23 April 1994. (Part contents).