The South African Constitution as a Reflection of the Societas Understanding of the State : an Oakeshottian Perspective

Abstract

This study is an application of the political theory of Michael Oakeshott aimed at enhancing understanding of the South African state. Oakeshott posits that the modern state is comprised of two separate modes of association, namely societas and universitas. Universitas refers to an association to attain a specific substantive purpose, while societas is an association based on common submission to the recognition of, and adherence to, prescribed formal laws. Each tends towards self‐destruction when the character of a given state is reflected by that mode of association exclusively. The presence of both modes of association in tension with each other produces a stable state. The South African state has been shown to reflect a dominantly universitas character, but, since a monopolar state cannot exist, it follows that the societas understanding of the state must also be present. In this study, the Constitution of the Republic of South Africa, Act 108 of 1996, is assessed to determine whether it reflects a societas understanding of the state. Two formal conditions for a societas are identified in the work of Oakeshott, namely a system of rules and norms, and the recognition of this system as being authoritative. These formal conditions are employed as a benchmark against which to test the character of the South African Constitution.