2006年VOA标准英语-South Africa's Post-Apartheid Constitution Mark

By Scott Bobb
Johannesburg
07 December 2006

South Africa is marking the 10th anniversary (Dec. 10) of the signing of its constitution that formalized the demise¹ of apartheid and the beginning of democratic rule.  The charter has been described as one of the most progressive in the world, but it has also generated some controversies².  VOA's Southern Africa Correspondent Scott Bobb reports from Johannesburg.

Ten years after South Africa's new constitution was signed into law by then-president Nelson Mandela, most people say they support it, saying it is a durable³ charter that protects individual freedoms, minority rights and multi-party democracy.

The director of the Institute for Democracy in South Africa, Paul Graham, says the constitution was heavily influenced by the struggle against the inequalities of apartheid.

"It reflected the debates that had been happening around what type of society we wanted to have right through the late '80s and early '90s during the last stages of the struggle against apartheid," Graham says.

Graham says the drafters also held extensive consultations⁴ with the public and researched constitutions of other nations.

An analyst⁵ at the Center for Applied⁶ Legal Studies, Beth Goldblatt, says as a result, the South African constitution guarantees not only political liberties and individual freedoms, but also social and economic rights.

"There is a right to housing," she says. "There is a right to health care.  There is a right to social security and there are many children's' rights.  So there are a range of rights that the government is required to address."

But some of the provisions of the constitution were so protective of individual rights that they caused controversy⁷.

For example, changes were made to the criminal code after it was found to allow dangerous criminals to walk free on bail⁸ before a case could be brought against them.

And a provision that provided rights and protection to sex workers was weakened because of public protests that it legalized prostitution.

Graham says much of the criticism came from people who were used to the old system. They felt the new constitution was soft on criminals and not supportive enough of their victims.

But he does not think that was the fault of the constitution.

"In fact, in every case that has gone before the Constitutional Court its clear that its not the constitution but our ability to implement⁹ it," Graham says.

In addition, a provision in the constitution guaranteeing equal rights to gays and lesbians obliged the government to pass a civil union law this month that provides the same guarantees to same-sex couples as to married heterosexual couples.

The new law was loudly opposed by religious groups and traditional leaders.  Gay and lesbian groups also protested that the original law was retained and still excludes same-sex couples from marriage.

Goldblatt, of the Center for Applied Legal Studies, notes that the constitution also guarantees social and economic rights.  Yet, she says, the government does not provide social security or financial support to the poor or unemployed¹⁰ if they are able-bodied adults.

"It is the idea that social security which is enshrined as a right in the bill of rights be extended to all South Africans who need it," she says.

She recommends providing a basic income grant to all South Africans living below the poverty line.

Analysts¹¹ say a number of constitutional issues remain to be addressed.

Graham notes that the right to work is not in the new constitution.  And in a country with 11 official languages, certain rights concerning language and schooling¹² need to be addressed.

Finally, he notes that the country's president is currently elected by parliament rather than by direct popular vote.

But he says these deficiencies can be easily addressed by changing the law or administrative¹³ procedures. He says that one of the advantages of the South African constitution is that it is focused on process.

"It does not give answers to all our problems. It suggests procedures for managing them," Graham says.

And he concludes that as a result the constitution, which emerged from decades of conflict and suffering, stands a good chance of enduring over the long term. 

1 demise   

n.死亡；v.让渡，遗赠，转让

参考例句：

• He praised the union's aims but predicted its early demise.他赞扬协会的目标，但预期这一协会很快会消亡。
• The war brought about the industry's sudden demise.战争道致这个行业就这么突然垮了。

2 controversies   

争论

参考例句：

• We offer no comment on these controversies here. 对于这些争议，我们在这里不作任何评论。 来自英汉非文学 - 历史
• The controversies surrounding population growth are unlikely to subside soon. 围绕着人口增长问题的争论看来不会很快平息。 来自辞典例句

3 durable   

adj.持久的，耐久的

参考例句：

• This raincoat is made of very durable material.这件雨衣是用非常耐用的料子做的。
• They frequently require more major durable purchases.他们经常需要购买耐用消费品。

4 consultations   

n.磋商（会议）( consultation的名词复数 )；商讨会；协商会；查找

参考例句：

• Consultations can be arranged at other times by appointment. 磋商可以通过预约安排在其他时间。 来自《现代汉英综合大词典》
• Consultations are under way. 正在进行磋商。 来自《现代汉英综合大词典》

5 analyst   

n.分析家，化验员；心理分析学家

参考例句：

• What can you contribute to the position of a market analyst?你有什么技能可有助于市场分析员的职务？
• The analyst is required to interpolate values between standards.分析人员需要在这些标准中插入一些值。

6 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

7 controversy   

n.争论，辩论，争吵

参考例句：

• That is a fact beyond controversy.那是一个无可争论的事实。
• We ran the risk of becoming the butt of every controversy.我们要冒使自己在所有的纷争中都成为众矢之的的风险。

8 bail   

v.舀（水），保释；n.保证金，保释，保释人

参考例句：

• One of the prisoner's friends offered to bail him out.犯人的一个朋友答应保释他出来。
• She has been granted conditional bail.她被准予有条件保释。

9 implement   

n.(pl.)工具，器具；vt.实行，实施，执行

参考例句：

• Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。
• The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

10 unemployed   

adj.失业的，没有工作的；未动用的，闲置的

参考例句：

• There are now over four million unemployed workers in this country.这个国家现有四百万失业人员。
• The unemployed hunger for jobs.失业者渴望得到工作。

11 analysts   

分析家，化验员( analyst的名词复数 )

参考例句：

• City analysts forecast huge profits this year. 伦敦金融分析家预测今年的利润非常丰厚。
• I was impressed by the high calibre of the researchers and analysts. 研究人员和分析人员的高素质给我留下了深刻印象。

12 schooling   

n.教育；正规学校教育

参考例句：

• A child's access to schooling varies greatly from area to area.孩子获得学校教育的机会因地区不同而大相径庭。
• Backward children need a special kind of schooling.天赋差的孩子需要特殊的教育。

13 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。