The1996 constitution ofthe republic of south africa. Commentary on the constitution south african legal research. Over the past year, the south african parliament has experienced several major. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by. In the south african constitution, certain rights are considered so important that they are nonderogable, meaning that they cannot ever be reduced. In this edition, page numbers are just like the physical edition. After two years, on 8 may 1996, the ca adopted the final constitution. South africas constitution of 1996 with amendments. The final chapter discusses the challenges facing the constitution and its aspirations in a democratic south africa. It was the product of compromise between the old order a. Build a united and democratic south africa able to take its rightful place as a sovereign state in the family of nations. Download the constitution of the republic of south africa rules and notices convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction 2 may 1997 rules of the constitutional court 31 october 2003. Prior to the implementation of the 1993 constitution now repealed, parliament was sovereign and as such could adopt, amend and repeal any law that it wished to.
Constitutional law of south africa second edition 5. Issue 1993 south africa government printer, south africa, 1994 constitutional law 227 pages. I am not a legal practitioner yet, please bear with me. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic. Other articles where republic of south africa constitution act is discussed. Republic of south africa, 1993 constitutional law 223 pages. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. Mar 20, 2017 south africas constitution, greatly lauded around the world and the product of nelson mandelas democratic transition of the mid1990s, is under attack. In its stead, a republic a south africa was established. Authored by lauren segal and sharon cort, this book charts the histories that shaped the constitution. South africas constitution, greatly lauded around the world and the product of nelson mandelas democratic transition of the mid1990s, is under attack.
Constitution of the republic of south africa south african. The total population of about 51 770 560 million is made up of 79,2 per cent black people. Finding commentary on the south african constitution. South african languages bill stellenbosch university. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. The republic of south africa is one, sovereign, democratic state founded on the following values. Constitution of the republic of south africa, 1993. Jan 29, 2018 the constitution of the republic of south africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997. Chapter 1 enshrines in the constitution key national principles, defines the countrys flag.
The south african constitution facing history and ourselves. Constitution of the republic of south africa, 1996. The book is written in an accessible style, with an emphasis on clarity and concision. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Bill of rights chapter 2 of the constitution of the republic. South africas constitution has helped transform the country from pariah to moral beacon. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. The south african union will differ from the united states in that the central government will not be one of enumerated powers, it being provided that parliament shall have full power to make laws for the peace, order, and good government of south africa. This is the fundamental law of south africa, setting out the bill of rights as well as the relationship of various government structures to each other. Section nine of the constitution of south africa wikipedia.
It was previously also numbered as if it were an act of parliament act no. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. Does the south african constitution mean anything to the. It is central to developing and implementing health law and policy, which it regulates in at least. The highest law of the land, it is widely regarded as the most progressive constitution in the world, with a bill of rights second to none. Whereas section 6 of the constitution of the republic of south africa, 1996, recognises the principle of multilingualism by providing for eleven official languages of south africa and for all official languages to enjoy parity of esteem and to be treated equitably. Constitutional documents of south africa, acts of the parliament of south africa sister projects.
Feb 24, 2012 at a time when south africas constitution is under scrutiny at home, a justice of the united states supreme court has sparked a furious political and legal debate in the us by suggesting that. Constitution of the republic of south africa, 1996 as. It incorporates hard fought for political and civil rights, and a generous range of social and economic rights that can be enforced by courts. Download the constitution of the republic of south africa rules and notices convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction 2 may 1997. Writers of the constitution south african history online. Constitution of the republic of south africa,1996 centre. Issue 1993 volume 343, issue 15466 of government gazette, south africa volume 343, issue 15466 of republic of south africa government gazette. In 1960, following the drafting of a new constitution, south africas white voters voted in a constitutional referendum to abolish the union of south africa created by the south africa act of 1909. Wikipedia article, wikidata item the republic of south africa constitution act, 1983 was the constitution of south africa from 1984 to 1994. Constitutional law of south africa second edition 5 volume. South africas constitution is under attack the mail. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. Republic of south africa constitution act, 1983 wikisource.
And whereas the state is directed to take practical and positive measures to. It therefore incorporates a lot of lessons learned in those 200 years. Republic of south africa constitution act south africa. At a time when south africas constitution is under scrutiny at home, a justice of the united states supreme court has sparked a furious political and legal debate in. South africas constitution is the result of remarkably detailed and inclusive negotiations that. Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. 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. Section 1 republic of south africa the republic of south africa is one sovereign democratic state founded on the following values.
Hoffmann v south african airways 2000 a governmentowned airlines policy of refusing to hire hivpositive people as flight attendants violates the right to equality. Section nine of the constitution of south africa guarantees equality before the law and freedom from discrimination to the people of south africa. Rather, the book is structured around a fairly conventional narrative progression from the history of the making of the 1996 south african constitution chapters 24 to the performance of its major institutions. South africa is a country of many cultures and many religions indeed, a country of pluralities. It was promulgated by president nelson mandela on 18 december 1996 and came into effect on 4 february 1997, repl. Eighteen years of the worlds best constitution brand south. South africa s constitution of 1996 with amendments through 2012. Constitutional history and development south africas constitutional history and development can be divided into three key phases. 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 duty imposed by the right. It includes a list of references for further reading at the end of each chapter. This book presents the south african constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to. Constitutional history of south africa constitutionnet. Unfortunately, i have to limit myself to the constitutional position of just two of the many religions in the country, as space and time do not allow for more.
Dec 11, 2014 its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. After the elections in 1994 the new parliament working as the constitutional assembly ca began writing the final constitution. Full text of the constitution of south africa see other formats stop early journal content on jstor, free to anyone in the world this article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in the world by jstor. It replaced and repealed the previous republic of south africa constitution act, 1961. Jun 11, 2017 the constitution of a newly democratic south africa was promulgated by president nelson mandela in 1996. It enumerated a bill of rights for the people of south africa. This book presents the south african constitution in its historical and social context, providing students and teachers of. Constitution, charter and religions in south africa. Wikipedia article, wikidata item the constitution of the republic of south africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997. Constitution of the republic of south africa manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Parliament chapter 6, the executive chapter 7 and the courts chapter 8. Constitution, charter and religions in south africa chapter.
The constitution is a law agreed by the peoples representatives that sets out how the state will be constituted and run, our rights and responsibilities as citizens and the creation of particular institutions to support and safeguard our democracy. President thabo mbeki addresses the nation at the opening of parliament in cape town. The constitution of south africa is the supreme law of the republic of south africa. 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. The story of south africas constitution nelson mandela. The interim constitutionthe constitution of the republic of south africa, 1993 act no. South africas constitution is 200 years younger than the us constitution. The period between 1909 and 1910, the period 1910 and 1996, the period 1996 to present. It also says that the constitution is supreme and that there must be regular, free and fair elections where everyone can vote. Aug 18, 2019 the republic of south africa constitution act, 1983 was the constitution of south africa from 1984 to 1994. Satchwell v president of the republic of south africa and another 2002 pension and retirement benefits provided to the spouses of judges must be equally provided to. According to the bill of rights, as enshrined in the constitution, every south african citizen has the inalienable right to life, equality, human dignity and privacy.
South africas 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. South africas constitution of 1996 with amendments through 2012. Constitution of the republic of south africa, 1996 on. The constitution of south africa download ebook pdf. This transition began with the unbanning of the liberation movements and release of nelson mandela from prison in february 1990. Click here to view the constitution of the republic of south africa, 1996 in all official. See also section 1 of constitution of the republic of south africa, 1996.
This equality right is the first right listed in the bill of rights. Mar 01, 20 constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. Ministry of constitutional development and planning. Constitution of the republic of south africa western. The constitution is formally entitled the constitution of the republic of south africa, 1996. No other law or government action can supersede the provisions of the constitution. As introduced minister of constitutional development author. The constitution of south africa constitution hill. 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. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional constitutional law.
The south african constitution is praised for being one of the most comprehensive pieces of legislation ever drafted. South africa s 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. The president has the powers entrusted by the constitution and legislation, including those necessary to perform the functions of head of state and head of the national executive. Constitution of the republic of south africa western cape. The president is responsible for assenting to and signing bills. As introduced minister of constitutional development south africa. It prohibits both discrimination by the government and discrimination by private persons. This article is about the south african constitution,1 the south african charter of religious rights and freedoms south african charter2 and religions in south africa.