The Constitutional Court's certification hearing began on 1 July. Its rules allowed political parties represented in the Assembly to present arguments on whether or not the Constitution should be certified.

This process - probably the largest hearing in South African legal history - involved at least 47 advocates representing 29 political parties, organisations and individuals.

Among them were the ANC, the NP, the IFP, the Democratic Party, the Conservative Party and the African Christian Democratic Party. Cosatu, Business South Africa, the SA Agricultural Union, the Human Rights Commission and the SA Institute of Race Relations were among the organisations that made submissions.

On 11 July the Court heard the last arguments.

However, on 6 September, in the judgment Ex parte Chairperson of the Constitutional Assembly: in re Certification of the Constitution of the Republic of South Africa 1996, the Court unanimously rejected certain clauses and ruled that the text adopted in May 1996 could not be certified.

The Court identified the features that did not comply with the principles and gave its reasons for that view.

The Court said the new draft of the Constitution failed in several respects to satisfy the conditions thrashed out in multiparty talks. But it said the instances of non-compliance should present no significant obstacle to the formulation of a text that met the requirements.

The Court's president, Justice Arthur Chaskalson, said the Constitution failed in several respects to satisfy the conditions thrashed out in multiparty talks. But he said the instances of non-compliance should present no significant obstacle to the formulation of a text that met the requirements.

The Court pointed to the Constitution's failure to entrench agreed fundamental rights, its failure to protect the independence of watchdogs - including a Public Protector and an auditor-general - and to the reduction of provincial autonomy.

The Constitutional Assembly had to reconsider the text.