One of the most critical moments during any transition is when the executive power of the old regime is transferred to a new government in waiting. This is often characterised by instability and conflict. Hence the Transitional Executive Council (TEC) was established in South Africa to facilitate its gradual and peaceful transition in 1994. The TEC can be seen as a negotiated, temporary and transitional institution that managed and prevented conflict in South Africa prior to the April 1994 general election. Although it existed only for four months, from December 1993 to April 1994, it played a significant role in South Africa's democratic transition. The TEC contributed to levelling the political playing field and creating a climate favourable for free and fair elections. The TEC's seven sub-councils further contributed to the smooth transition and creation of the Government of National Unity. In this study special attention has been given to the Sub-council on Foreign Affairs and its role in integrating South Africa into the international community. The Foreign Affairs sub-council played a pivotal role in laying the foundation for South Africa's membership of the various organizations like the Organization of African Unity (OAU) and the Commonwealth. In order to gain a deeper understanding of the TEC, several theoretical frameworks are applied to analyse the different perspectives namely: transition theory, conflict resolution, power-sharing and constitutional negotiations. / POLITICAL SCIENCE / MA (INTERNAT POLITICS)

One of the most critical moments during any transition is when the executive power of the old regime is transferred to a new government in waiting. This is often characterised by instability and conflict. Hence the Transitional Executive Council (TEC) was established in South Africa to facilitate its gradual and peaceful transition in 1994. The TEC can be seen as a negotiated, temporary and transitional institution that managed and prevented conflict in South Africa prior to the April 1994 general election. Although it existed only for four months, from December 1993 to April 1994, it played a significant role in South Africa's democratic transition. The TEC contributed to levelling the political playing field and creating a climate favourable for free and fair elections. The TEC's seven sub-councils further contributed to the smooth transition and creation of the Government of National Unity. In this study special attention has been given to the Sub-council on Foreign Affairs and its role in integrating South Africa into the international community. The Foreign Affairs sub-council played a pivotal role in laying the foundation for South Africa's membership of the various organizations like the Organization of African Unity (OAU) and the Commonwealth. In order to gain a deeper understanding of the TEC, several theoretical frameworks are applied to analyse the different perspectives namely: transition theory, conflict resolution, power-sharing and constitutional negotiations. / POLITICAL SCIENCE / MA (INTERNAT POLITICS)

`Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M.

`Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M.