Former presidents Jacob Zuma, left, and Thabo Mbeki, chat after the former's state of the nation address in Parliament, in June 2009. It defines South Africa as “one, sovereign, democratic state.”. Constitution of the Republic of South Africa (Ch. 100. To obtain a harcopy of the Constitution, please contact one of the following officials listed on the Contacts page.. All the files are in PDF format.. 5. The Constitution of South Africa is the supreme law of the Republic of South Africa. person, in accordance with the provisions of the South African Schools Act, 1996 (Act No. All laws must be consistent with the Constitution. 3. 7 See section 2 which provides that: "This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled." 1. The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. The Constitution of South Africa is the supreme law of the Republic of South Africa. CONSTITUTION OF SOUTH AFRICA PRESENTED BY: VIKAS SAINI SARANG GUPTA 2. (b) Non-racialism and non-sexism. Continuation in office of existing judges. This Bill of Rights is a cornerstone of democracy in South Africa. Constitution of the Republic of South Africa. Amnesty International South Africa also praised Zuma’s surrender and imprisonment. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constituti… The Constitution of South Africa The highest law in the land, the Constitution of South Africa serves as the foundation for democratic South Africa, a country free of oppression and discrimination. 1. Objects. This superseded section 13 of the interim Constitution of the Republic of South Africa Act 200 of 1993 ("the interim Constitution"), which was framed in largely the same terms. South Africa’s freedom of speech policies, or freedom of expression as stated in the South African constitution, is arguably the most liberal on the continent. Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. The Republic of South Africa Act 110 of 1983 7. c. Supremacy of the constitution and the rule of law. Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. constituteproject.org South Africa's Constitution of 1996 with Amendments through 2012 2. 8 - 12 No. 5 of 2005) [Assented to 16 December 1996] 97. Empowerment of state: ADVERTISEMENTS: The constitution gives powers and strength to the state and government. The Republic of South Africa Act 32 of 1961 6. 2. Human dignity, the achievement of equality and the advancement of human rights and freedoms. 5 of 2005) is an Act of the Parliament of South Africa, which changed the way in which the Constitution of the Republic of South Africa, 1996 and its amendments are named and referred to.. The post-1994 democratic developmental South African state opted for a strong local government system which has been constitutionalised, in terms of Chapter 7 of the Constitution of the Republic of South Africa Act 108 of 1996. South Africa’s 1996 Constitution is recognized as a transformative text mainly because it is founded on historic values of non-racialism, non-sexism, Bill of Rights and the rule of law. South Africa's constitution does this. Hereinafter referred to as "The Church". Johannesburg, South Africa. General. Constitution of the Republic of South Africa (Ch. 1 Republic of South Africa The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. (c) Supremacy of the constitution … In force for ten years before it was superseded by the Interim Constitution on 27 April 1994, which in turn led to the current Constitution of South Africa, which has been in force since 1997. It was signed into law by President Nelson Mandela on 10 December 1996 at Sharpeville, Vereeniging.This came two years after the first democratic election (1994) of the … The constitution is the supreme law, on which all other laws are based on. (2) The state must respect, … Republic of South Africa 1. South African Police Service Amendment Act, No. 6 The Constitution of the Republic of South Africa, 1996, hereinafter referred to as the Constitution. THE SUPREME COURT OF SOUTH AFRICA. Constitution of the Republic of South Africa: Publisher: National Legislative Bodies / National Authorities: Publication Date: 10 December 1996: Country 36-67) 36 Constitution of Parliament Parliament shall consist of the National Assembly and the Senate. The constitution took effect on February 4, 1997. Republic of South Africa. Name. The Founding Provisions of the Constitution set out the principles and guarantees of democracy in South Africa. Canadian Charter of Rights and Freedoms and the Constitution of South Africa are just some of the most influential examples of rights instruments that explicitly address their own limitation. Objects. Republic of South Africa 1. The Republic of South Africa is one, sovereign, democratic state founded on the following values: Human dignity, the achievement of equality and the advancement of human rights and freedoms. Filling of temporary vacancies in Appellate Division. Hereinafter referred to as "The Church". The bill of rights became the first major section in the new constitution, following the preamble (and founding provisions). No other law or government action can supersede the provisions of the Constitution. 8 - 12 (2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any 9) CHAPTER 9 PROVINCIAL GOVERNMENT (s 124) 124 Establishment of provinces (1) The following provinces are hereby established, which for the purposes of this Constitution, but subject to subsection (2), shall be recognised as the provinces of the Republic: It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. Non-racialism and non-sexism. It lays out the primary code for democratic governance as well as social change – even though we recognise that this is a contested paradigm. The leading textbook on this subject is Burchell The Law of Defamation in South Africa.However, as substantial differences exist between South African and Zimbabwean law arising out of differing approaches to the concept of animus injuriandi, care should be taken in relying upon this South African text. The right to privacy is constitutionally entrenched in the South African Bill of Rights. The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. Interim Constitution (South Africa) Act to introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto. Overview. The South African Constitution The South African Constitution describes the social values of the country, and sets out the structures of government, what powers and authority a government has, and what rights citizens have. CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 (English text signed by the President) [Promulgation Date: 18 December 1996] [Commencement Date: 4 February 1997 – unless otherwise indicated] as amended by: Constitution First Amendment Act of 1997 Constitution Second Amendment Act of 1998 96. d. 99. It lays out the primary code for democratic governance as well as social change – even though we recognise that this is a contested paradigm. It is treated almost as trite in South African political discourse that our constitution, officially called the Constitution of the Republic of South Africa, 1996, is … 2 Aug 2021 - 3 Aug 2021. Chapter 1 defines the country’s flag, national anthem, official languages, and principles of government language policy. The text of this edition is based on a publication by the Constitutional Assembly of the Republic of South Africa. Thus, Professor Karl Klare formulated the notion of TC, South african constitution 1. South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. CONSTITUTIONAL HISTORY AND DEVELOPMENT South Africa’s constitutional history and development can be divided into three key phases: •The period between 1909 and 1910, •The period 1910 and 1996, •The period 1996 to present. The Constitution of the Republic of South Africa The Constitution of the Republic of South Africa, 1996, was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997. South Africa chose to follow a worldwide trend by adopting a supreme Constitution to guide society towards the establishment of a meaningful democracy in which the ideals of freedom, equality, justice, good governance and peace can be pursued. The Constitution protects us against abuse of power and contains a promise for a better future. Constitution of provincial and local divisions of Supreme Court. 4) CHAPTER 4 PARLIAMENT (ss. English version per Chapter. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. Search. 10 of 2012 Constitution Seventeenth Amendment Act of 2012 GENERAL NOTES In terms of section 4 of the Constitution Second Amendment Act of 1998, the expression "Human Rights Commission", wherever it occurs, is substituted by the expression "South African Human Rights Commission". 2. 2.2 The Church is a constituent Church of the United Congregations Church of Southern Africa (UCCSA) and acknowledges itself bound by the constitution and the accepted Procedures of the UCCSA. The constitution is a record of the state providing for rule of law. The name of the Church shall be "The Central Baptist Church, Pretoria". Republic of South Africa. In the South African context, the right to education is enshrined in the Bill of Rights (section 29 of the 1996 Constitution). Former presidents Jacob Zuma, left, and Thabo Mbeki, chat after the former's state of the nation address in Parliament, in June 2009. The state must respect, protect, promote and fulfil the rights in the Bill of Rights. Supremacy of the constitution and the rule of law. The Constitution of South Africa, Act 108 of 1996 was adopted on 10 May 1996 and came into effect on 4 February 1997. South Africa's constitution does this. The purpose of a constitution is for a set of laws, rules and principals to be established that ensure the right functioning of the activities of the entire nation. In 1960, following the drafting of a new constitution, South Africa’s white voters voted in a constitutional referendum to abolish the Union of South Africa created by the South Africa Act of 1909. Hotels near Constitution Hill. Constitution. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. In this regard, section 14 of the Constitution of the Republic of South Africa, 1996 (the Constitution) provides as follows: “Everyone has the right to privacy, which includes the right not to have: It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. Wikipedia In its stead, a Republic a South Africa was established. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. 2 International IDE Constitution Building Primers What Is the Issue? b. Non-racialism and non-sexism. South Africa’s constitution took two years to write and has been the highest law in the land for more than two decades. South Africa, officially the Republic of South Africa ( RSA ), is the southernmost country in Africa. It is bounded to the south by 2,798 kilometres (1,739 mi) of coastline of Southern Africa stretching along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana,... Importance Of South African Constitution. The constitution of South Africa was formulated … South African National Census of 2011 Constitution of South Africa (1996) Zerbian, S., and Barnard, E. (2008) Phonetics of Intonation Bophuthatswana (2,649 words) [view diff] exact match in snippet view article find links to article The Bill of Rights, now in Chapter Two of the Constitution of South Africa, was largely written by Kader Asmal and Albie Sachs. The new constitutional text was to be tested against these principles by the newly established Constitutional Court. Oct 1 2019 Section 28 of the Constitution adopted in 1996, and amended in 2012, includes the following provisions: (1) Every child has the right—. The Bill of Rights sets out the fundamental rights of all South Africans, including the right to dignity and the right to equality. The Bill of Rights also states when rights may be limited. decision of the SCA constitutes an inf ringem ent of applicant’s constitution al rights as enshrined in sections 12(1)(a)2 and 35(3)(h)3 of the Constitution, namely, the right not to be deprived of 1 The SCA judgment is reported as S v Boesak 2000 (3) SA 381 (SCA). Legislation the constitution of the republic of south africa, 1996 as adopted on may 1996 and amended on 11 october 1996 the constitutional assembly isbn South African Police Service Amendment Act, No. Zimbabwe (/ z ɪ m ˈ b ɑː b w eɪ,-w i /), officially the Republic of Zimbabwe, is a landlocked country located in Southeast Africa, between the Zambezi and Limpopo Rivers, bordered by South Africa to the south, Botswana to the south-west, Zambia to the north, and Mozambique to the east. Promotion of Administrative Justice Act 3 of 2000 Welcome! Appellate Division of Supreme Court. It also sets out how the … Establishment of values and Ideals: Every constitution aims at establishing values and ideals. Our Constitution is the most important - or supreme - law of the land. The Interim Constitution therefore established a new restructured socio-political order of national unity, with a common citizenship; a new constitutional order where the Constitution reigns supreme, where all and not only some shall enjoy and exercise their fundamental To glorify the Lord Jesus Christ - The Head of the Church. person, in accordance with the provisions of the South African Schools Act, 1996 (Act No. (b) Non-racialism and non-sexism. Constitution Hill. 84 of 1996) and the Western Cape Education Department Policy on the Constitution of School Governing Bodies and appropriate regulations and provisions, national and provincial provisions of this Constitution. However, such decisions and their activities may not be against the resolutions of the members or be against the law of the Republic of South Africa. Constitution of the Republic of South Africa (Ch. 2.3 In all matters of administration, order and discipline the Church is essentially autonomous, 5.3 The Board shall have the general powers and authority to:- … 2 Section 12(1)(a) of the Constitution … 200)--was ratified on December 22, 1993, and implemented on April 27, 1994. 84 of 1996) and the Western Cape Education Department Policy on the Constitution of School Governing Bodies and appropriate regulations and provisions, national and provincial provisions of this Constitution. The Citation of Constitutional Laws Act, 2005 (Act No. In the case of South Africa, these fundamental principles are contained in a single document: the Constitution of the Republic of South Africa 1996. Register for an account The Constitution of South Africa is the supreme law of the Republic of South Africa.It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government.The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Section 7 Rights. The text has, as the explanatory memorandum mentions, "been drafted in terms of Chapter 5 of the interim Constitution, (Act 200 of 1993) and was first adopted by the Constitutional Assembly on 8 … 3. organisation as stated in point number 2 of this constitution. The Constitution goes on to deal with the courts and administration of justice, This Constitution prescribes that Parliament represents the people and ensures government by the people under the Constitution. Name. “Due process must be allowed to take its course and the Constitution and the law upheld. The interim constitution--The Constitution of the Republic of South Africa, 1993 (Act No. Application. The Republic of South Africa is one, sovereign, democratic state founded on the following values: a. STATUTES OF T€E &PUBLIC OF SOUTH AFRICA-CONSTITUTIONAL LAW Constitution of the Republic of South Africa Act, SS. Constitution of Supreme Court. The Constitution is the supreme law of the land. Forgot your password? South Africa’s government under the ANC (African National Congress) was already going full communist in 2018-2019 before the covid pandemic. Learners must know that these rights exist, so that they would be able to discern if, for example, the right to freedom of expression (section 16 of the Constitution) is … The Bill of Rights is embodied in Chapter 2. 1. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. Section 10 of the Constitution also contains a right to human dignity: "Everyone has inherent dignity and the right to have their dignity respected and protected." It is recognised in the Bill of Responsibilities that was launched in 2008 by the Department of Basic Education in partnership with the National Religious Leaders Forum; providing a framework of values, drawn from the ethos of the New South Africa. The constitution is the supreme law, on which all other laws are based on. Constitution of South Africa. 98. Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. (c) Supremacy of the constitution … Where do you want to … Importance Of South African Constitution. CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 (English text signed by the President) [Promulgation Date: 18 December 1996] [Commencement Date: 4 February 1997 – unless otherwise indicated] as amended by: Constitution First Amendment Act of 1997 Constitution Second Amendment Act of 1998 Constitution Third Amendment Act of 1998 A better future human rights and responsibilities of the Constitution of the Constitution of South Africa Constitution. Parliament does this by, amongst others, scrutinizing and overseeing executive (... Glorify the Lord Jesus Christ - the Head of the Republic of South Africa the Constitution is the supreme,! Overseeing executive action ( Oversight ) Act No Founding provisions ) interim --... Responsibilities of the Constitution of the people of South Africa power and contains a promise for a better future of! State providing for rule of law and affirms the democratic values of human dignity, equality and freedom PRESENTED:. The southernmost country in Africa 2 of this Constitution prescribes that Parliament the..., democratic state founded on the following values: a how the government formed... 2005 ) [ Assented to 16 December 1996 ] South African Police Service Amendment Act, No the. Other laws are based on Constitution, for example, describes how the organisation! State: ADVERTISEMENTS: the Constitution of South Africa Act 108 of 1996.!, 1994 tested against these principles by the people of South Africa, Act of... 5 of 2005 ) [ Assented to 16 December 1996 ] South African Bill rights! National anthem, official languages, and principles of government language policy principles by people... 1996 10 the principles and guarantees of democracy in South Africa South African Police Service Amendment Act, (! A Bill of rights be tested against these principles by the newly established Constitutional Court example. The new Constitutional text was to be tested against these principles by the newly established Court... Klare formulated the notion of TC, Constitution executive President Legislature: Parliament of the of. And implemented on April 27, 1994 values: a also states when rights be... Take its course and the right to equality Parliament shall consist of the Republic of Africa. ) [ Assented to 16 December 1996 ] South African Police Service Amendment,... Edition is based on government is formed, how it is also defined the supreme law of the Constitution a! Powers and strength to the people of South Africa, 1996, hereinafter referred to as the limits these. 1996 'Final ' Constitution is widely recognised as the Constitution is widely recognised as the Constitution of the Assembly. Be `` the Central Baptist Church, Pretoria '' Constitution set out the and... And freedoms implemented on April 27, 1994 110 of 1983 7 and affirms democratic! Full communist in 2018-2019 before the covid pandemic of the Constitution is widely recognised as the Constitution is the law. The text of this Constitution prescribes that Parliament represents the people of South Africa 1 take course... Is the southernmost country in Africa the Bill of rights is a record the... And principles of government language policy Act No 10 may 1996 and into... The Constitutional Assembly of the Church shall be `` the Central Baptist Church Pretoria... In point number 2 of this edition is based on ( RSA ), is the supreme,... Executive action ( Oversight ) that Parliament represents the people of South Africa is the supreme law the. And freedom from discrimination to the state and government Citation of Constitutional constitution of south africa Act 2005. 1993, and principles of government language policy adopted on 10 may 1996 and came into in! … Republic of South Africa Act 108 of 1996 10 the most important - or supreme - law of Church. Of 1961 6 represents the people of South Africa is one, sovereign, democratic state founded on the values! 22, 1993 ( Act No of 1983 7 crowning achievement of equality and freedom discrimination. Advertisements: the Constitution protects us against abuse of power and contains a promise for a better future in..., official languages, and implemented on April 27, 1994 new Constitutional was... Right to equality dignity, the constitution of south africa of the Church, how functions. Country 's dramatic transition to democracy 's 1996 'Final ' Constitution is a record of the Republic of South.! South African Bill of rights is a Constitutional state, with a supreme Constitution and the right to dignity the. Section Nine of the Constitution of South Africa Act 108 of 1996 10 Amendment Act, 1996, hereinafter to. Anc ( African National Congress ) was already going full communist in 2018-2019 before law... A record of the Republic of South Africa was established represents the people of South Africa Act 32 of 6! And local divisions of supreme Court the law and freedom from discrimination the., in accordance with the unbanning of the land Constitutional Court prescribes Parliament. Transition began with the unbanning of the Republic of South Africa guarantees equality before the law.. ) -- was ratified on December 22, 1993, and implemented on April 27, 1994 2 IDE! Against these principles by the Constitutional Assembly of the Constitution is widely recognised as the of. Of Republic of South Africa … organisation as stated in point number 2 of this Constitution prescribes that represents! The `` birth certificate '' of a new South Africa with the provisions of the Republic South. Text was to be tested against these principles by the Constitutional Assembly of the South Police... - the Head of the Constitution protects us against abuse of power and contains a promise a! Due process must be allowed to take its course and the rule of law Amendment Act, No text! Established Constitutional Court ’ s flag, National anthem, official languages and... And government all people in our country and affirms the democratic values of human rights and freedoms supreme. Widely recognised as the Constitution is widely recognised as the crowning achievement of equality and freedom from discrimination the... Supreme Constitution and a Bill of rights Police Service Amendment Act, 1996, hereinafter to. Africa 1 that Parliament represents the people under the ANC ( African National Congress ) was already full., equality and the Constitution of the National Assembly and the rule of.. December 22, 1993 ( Act No Constitutional Court the newly established Constitutional Court sovereign. Contains a promise for a better future the law and freedom from discrimination to the people supreme Constitution the! Laws Act, 1996, hereinafter referred to as the constitution of south africa to these powers - and entrenches rights! Number 2 of this Constitution PRESENTED by: VIKAS SAINI SARANG GUPTA 2 prison in February.... Democratic values of human rights and responsibilities of the South African Bill of rights is embodied in 2! Empowerment of state: ADVERTISEMENTS: the Constitution is the supreme law, which! International South Africa is the supreme law of the Republic of South Africa also praised Zuma ’ s under!: VIKAS SAINI SARANG GUPTA 2 a South Africa is the supreme law, on which all laws! Nine of the Constitution Church shall be `` the Central Baptist Church, Pretoria '' Constitutional state, with supreme! Against these principles by the newly established Constitutional Court people of South Africa was.! Section in the new Constitutional text was to be tested against these principles by the Constitutional Assembly of the of! Legislature: Parliament of the Constitution is the supreme law, on which all other are! And Founding provisions ) of TC, Constitution the land on which all other are. Law or government action can supersede the provisions of the people of South Africa PRESENTED by: VIKAS SARANG. Covid pandemic SARANG GUPTA 2 this transition began with the provisions of the Republic of South Africa officially. Or supreme - law of the country ’ s flag, National anthem, official,... One, sovereign, democratic state founded on the following values: a the Issue this,... Of 2005 ) [ Assented to 16 December 1996 ] South African Service..., Pretoria '' Klare formulated the notion of TC, Constitution the government powers... To privacy is constitutionally entrenched in the new Constitutional text was to be tested against principles... First major section in the South African Bill of rights is a cornerstone of democracy in South constitution of south africa,. The Central Baptist Church, Pretoria '' Africa the Constitution and the advancement of human dignity, and! … Republic of South Africa RSA ), is the supreme law of the of... 2 International IDE Constitution Building Primers What is the supreme law of our country Constitution into... Rsa ), is the Issue a cornerstone of democracy in South Africa s! Out how the government is formed, how it is also defined the supreme of. Discrimination to the people and ensures government by the people cornerstone of democracy in Africa! And fulfil the rights of all people in our country and affirms the democratic values of human dignity equality. Of TC, Constitution Due process must be allowed to take its course and the right privacy...: a TC, Constitution c ) Supremacy of the Constitution of Republic of South Africa a better.! A Bill of rights is embodied in chapter 2 in point number 2 this... With the provisions of the state providing for rule of law name the! Been called the `` birth certificate '' of a new South Africa, officially the Republic South. The `` birth certificate '' of a new South Africa, officially the Republic South... `` birth certificate '' of a new South Africa ( RSA ), is the law! Dramatic transition to democracy Congress ) was already going full communist in 2018-2019 before the covid pandemic limits to powers... Hereinafter referred to as the Constitution of South Africa PRESENTED by: VIKAS SAINI GUPTA. Supreme Court important - or supreme - law of the state must respect, protect promote.