South Africa is awash with policy failures, and policy confusion. We argue firstly, that our current discord over policy details has its origin in the (celebrated) negotiated transition. We hold that the vote count of an 85% majority in the Constituent Assembly in 1996 obscured the reality that the Constitution meant different things to different negotiators. The result was that South Africa, from the very start of the democratic era, lacked a national consensus on how to go about consolidating democracy. We keep on failing to build a proper roof over our democracy because the constitutional foundations are weak.ÿ