I must respond to Prof Malan's reply to my article on his thesis that "the Constitution is not our Salvation" because the issues involved are so important.
Prof Malan dismisses the present constitution as liberal “soteriology” and proposes a new federative constitutional system in which “cultural, linguistic and regional communities must be recognised without external interference to be governed by their own management structures” - a system, that, as far as I can discern, has never been implemented anywhere in the broad sweep of human history. Who would demarcate the territories of these entities? Would they be racially exclusive? Who would write and guarantee the constitution on which they would be based? With whom would the new dispensation be negotiated and by what formula would it be adopted?
The problem does not lie in drawing up constitutional wish-lists, but in being able to put them into practice in the real world. The dispensation Prof Malan has in mind would have to be negotiated with the government of the day – probably the “neo-primitivist ANC”, as Prof Malan describes it, by the tiny percentage of the population that supports his views.
Is it likely that it would agree to such negotiations - and if it did, that it would accept a new system that would be more favorable to minorities than our present constitution? Of course, any attempt to implement a new constitution unilaterally - without negotiations and adoption by a two-thirds majority in parliament - would plunge the country into even deeper chaos.
I worked closely with President De Klerk during our own tumultuous negotiating process - and can assure Prof Malan that, even with the considerable power that we then commanded - even with universal national and international support for the negotiations - the process was fraught with difficulties and peril. What power, and what internal and international support, would the advocates of Prof Malan’s new constitutional order be able to bring to the negotiating table?