> Section 33: the right to justice in administrative action by the government. Chapter 14 also repeals the Interim Constitution and refers to Schedule 6 to govern the process of transition to the new Constitution. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court. The Constitution of the Republic of South Africa, 1993 or Interim Constitution was introduced at the end of apartheid to govern the period of transition. The Ninth Amendment made provision for the reallocation of seats in the National Council of Provinces when the party composition of a provincial legislature changed as a result of floor crossing. Assembly (CA) – wrote the final Constitution and on 8 May 1996, it was finally adopted by the Constitutional Assembly. 0000017954 00000 n Chapter 3 deals with the relationships between organs of government in the three "spheres" – national, provincial and local. Going forward South Africa may provide a direct test of Weingast’s (1997) theory of the democratic transition based upon self-enforcing constitutions. 0000004446 00000 n Labour law rules! CHURCH NAME AND ADDRESS CHRISTEN LEWE GEMEENTE LE ROUX STRAAT 77 LICHTENBURG 3. It renamed the Northern Province to Limpopo, altered the procedure for intervention by the national government in a failing provincial government and intervention by a provincial government in a failing municipality, and expanded the powers of the provincial executive when it intervenes in a municipality. 0000017848 00000 n All South Africans were invited to contribute to the process, which led to what is known as the “birth certificate” of the new South Africa and one of the most progressive constitutions in the world. Constitution Seventeenth Amendment Act of 2012 In terms of Proclamation No. It did not come into force immediately; it was brought into operation on 4 February 1997, by a presidential proclamation, except for some financial provisions which were delayed until 1 January 1998. It introduced, for the first time, the framework of a liberal democracy, universal adult suffrage, constitutional supremacy and a bill of rights. 0000006577 00000 n Reflects the Law as at 31 July 2011. These principles would guide the Constitutional Assembly (CA) which had to draw up the final Constitution. allowed the term of office of a Constitutional Court judge – usually twelve years or until the judge reaches the age of seventy, whichever is shorter – to be extended by an Act of Parliament. The figurehead State President and executive Prime Minister were merged into an executive State President, chosen by parliament. 0000006860 00000 n 0000016694 00000 n xref The changes it made were reversed in 2005 by the Twelfth Amendment. If a two-thirds majority could not be obtained, a constitutional text could be adopted by a simple majority and then put to a national referendum in which sixty per cent support would be required for it to pass.[5]. As the deadline for the adoption of a constitutional text approached, however, many issues were hashed out in private meetings between the parties' representatives. 0000016798 00000 n The police service is placed under the control of the national government but gives provincial governments some power to administer and oversee policing. The current Constitution is the fourth South African constitution. The Fourteenth Amendment contained the provisions which affected the provincial legislatures and the National Council of Provinces (NCOP), and therefore had to be approved by supermajority in the NCOP as well as the National Assembly, while the Fifteenth Amendment contained the remaining provisions which only had to be approved by the Assembly. It makes the President the Commander-in-Chief of the defence force but places conditions on when and how it may be employed and requires regular reports to Parliament. 0000005443 00000 n The Constitution Eleventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2003) came into force on 11 July 2003. Third, in Section 5 we use our analysis to explore the future of South Africa’s federal bargain as protection for elite economic interests. Schedule 5 lists the functional areas over which the provincial legislatures have exclusive competence to legislate. 0000017422 00000 n IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA The Rail Commuters Action Group and Others v Transnet Ltd t/a Metrorail and Others CCT 56/03 Decided on 26 November 2004 MEDIA SUMMARY The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. It was agreed that the Interim 0000003348 00000 n The Constitution Twelfth Amendment Act came into force on 1 March 2006; it altered the boundaries of seven of the provinces. 0000005302 00000 n 0000007639 00000 n It was previously also numbered as if it were an Act of Parliament—Act No. The Constitutional Court identified a number of provisions that did not comply with the constitutional principles. 0000003220 00000 n Republic of South Africa 1. startxref IN HUMBLE SUBMISSION to Almighty God, Who controls the destinies of peoples and nations, 0000005726 00000 n The Atlantic Charter, which Franklin D … It provides for an equitable distribution of national revenue to the provinces and municipalities, and grants provincial and local governments the powers to raise certain rates and taxes. The Constitutional Assembly consisted of both houses sitting together, and was responsible for drawing up a final constitution within two years. The Constitution Sixteenth Amendment Act came into force on 3 April 2009. 0000008864 00000 n The South African Constitution The South African Constitution describes the social values of the country, and 0000017214 00000 n These included multi-party democracy with regular elections and universal adult suffrage, supremacy of the constitution over all other law, a quasi-federal system in place of centralised government, non-racism and non-sexism, the protection of "all universally accepted fundamental rights, freedoms and civil liberties," equality before the law, the separation of powers with an impartial judiciary, provincial and local levels of government with democratic representation, and protection of the diversity of languages and cultures. 0000016278 00000 n These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. 0000016083 00000 n The Interim Constitution provided for a Parliament made up of two houses: a 400-members National Assembly, directly elected by party-list proportional representation, and a ninety-member Senate, in which each of the nine provinces was represented by ten Senators, elected by the provincial legislature. Schedule 3 describes the procedure for the election of the President by the National Assembly and the election of presiding officers by legislative bodies, as well as the formula whereby seats in the National Council of Provinces are to be allocated to political parties. It made various amendments to provisions affecting the financial management of national and provincial government, including: These amendments allowed legislators to cross the floor, that is, to resign from their political party and join a different party (or form a new party) without losing their elected position. This followed community opposition and protest in Khutsong following from the boundary change introduced by the Twelfth Amendment. The Constitution First Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1997) was signed by the President on 28 August 1997 but had effect retroactively to 4 February 1997 when the constitution came into force. It lays down a set of principles requiring them to co-operate in good faith and to act in the best interests of the people. All the files are in PDF format. The MPNP also drew up and adopted the 34 Constitutional Principles. The adoption of a new constitutional text required a two-thirds supermajority in the Constitutional Assembly, as well as the support of two-thirds of senators on matters relating to provincial government. 0000004589 00000 n The parties agreed on a process whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. It provides for the election and removal of the President by the National Assembly, and limits a President to two five-year terms. The chapter establishes the Financial and Fiscal Commission, to advise government on financial matters, and the Reserve Bank, to oversee the currency. The Interim Constitution was written by people who had not yet been democratically elected into government. It also requires them to attempt to settle disputes amicably before resorting to the courts. 0000003876 00000 n 68-74) 68 Constitution-making Body (1) The National Assembly and the Senate, sitting jointly for the purposes of this Chapter, shall be the Constitutional Assembly. 0000018276 00000 n Mudzimu fhatutshedza Afurika. 0000016486 00000 n [1] The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. God bless South Africa. Republic of South Africa 1. 0000008407 00000 n 0000017110 00000 n Section 74 of the Constitution provides that a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (that is, at least 267 of the 400 members) vote in favour of it. trailer Chapter 7 sets out a framework for local government. PDF format. Chapter 10 lists values and principles for the administration of the civil service and establishes the Public Service Commission to oversee it. (7)ThePresidentmaysuspendacommissionerfromofficeinaccordancewithsection 0000006152 00000 n The presiding judge of the Supreme Court of Appeal (SCA), who had previously had the title of Chief Justice, became instead "President of the Supreme Court of Appeal". The MPNP had to write and adopt an interim Constitution to say how the government would govern after the elections on 27 April 1994. Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Hosi katekisa Afrika The Constitution in Tsonga is in pdf format here,in the version adopted in 1996, by courtesy of Creamer Media's www.polity.co.za. The MPNP also drew up and adopted the 34 Constitutional Principles. 1.1 The constitutional context South Africa provides a complex and intriguing picture of multilingualism, 0000004161 00000 n The provincial government is given exclusive powers over certain matters, listed in Schedule 5, and powers concurrent with the national government over other matters, listed in Schedule 4. CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA NO. These changes were intended to clarify the structure of the South African judiciary. 0000006435 00000 n Since 1996, the Constitution has been amended by seventeen amendment acts. 0000003658 00000 n The community of Matatiele, which had been transferred from KwaZulu-Natal to the Eastern Cape, challenged the amendment before the Constitutional Court, which ruled on 18 August 2006 that the KwaZulu-Natal Legislature had not allowed for the necessary public participation before approving the amendment. 5) CHAPTER 5 THE ADOPTION OF THE NEW CONSTITUTION (ss. It vests in him or her the powers of the head of state and head of government; it provides for the appointment of a Cabinet by the President; and it provides for the accountability to Parliament of the President and Cabinet. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." 0000005160 00000 n It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. Constitution-making in Southern Africa Despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in Tanzania, Zambia and Zimbabwe have failed at the last hurdle, leaving that effort unfulfilled. The deputy heads of each court were also renamed similarly. When the new constitutional order came into existence in 1994, the concept of a supreme constitution was introduced and brought an end to the notion of parliamentary supremacy. The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public. Act No. The Constitution Fourth Amendment Act and Constitution Fifth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1999 and Constitution of the Republic of South Africa Second Amendment Act, 1999) came into force on 19 March 1999. [3][4], Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). It lays down the process for enacting bills into law; different procedures are provided for constitutional amendments, ordinary bills not affecting provincial matters, ordinary bills affecting provincial matters, and money bills. Section 31: the right of cultural, religious or linguistic communities to enjoy their culture, practise their religion and use their language. The Bill of Rights, now in Chapter Two of the Constitution of South Africa, was largely written by Kader Asmal and Albie Sachs. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to a referendum. Some dealt with the court's reasons for non-certification, while others tightened up the text. It had three provisions: This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections. In Section 1.3, the status of Afrikaans, English, African languages and Indian languages is discussed in a historical contextualisation. It requires effective and transparent budgeting at all levels of government and gives the National Treasury the power to oversee budgetary processes. 0000017742 00000 n 0000016174 00000 n South Africa became a Union in 1910 (Devenish 2000, 7). (2) The Commission shall in respect of the exercise and performance of its powers and functions be accountable to Parliament. %%EOF The South Africa Act 1909, an act of the Parliament of the United Kingdom, unified four British colonies – Cape Colony, Transvaal Colony, Orange River Colony and Natal Colony – into the Union of South Africa, a self-governing dominion. The Twelfth Amendment also removed the provisions introduced by the Third Amendment that allowed municipalities to be established across provincial boundaries. The municipalities are granted the power to administer certain matters listed in Schedules 4 and 5, and the executive and legislative authority is vested in the municipal council. The final chapter deals with transitional and incidental provisions. The MPNP drew up the Interim Constitution, which was to last for two years. 0000005584 00000 n Since its adoption, the Constitution has been amended seventeen times; these amendments are described in a separate section below. To amend section 1 of the Constitution, which establishes the existence of South Africa as a sovereign, democratic state, and lays out the country's founding values, would require the support of three-quarters of the members of the National Assembly. South Africa's Constitution of 1996 with Amendments through 2012 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT 200 OF 1993 [ASSENTED TO 25 JANUARY 1994] [DATE OF COMMENCEMENT: 27 APRIL 1994] (Unless otherwise indicated) (Afrikaans text signed by the State President) as amended by Constitution of the Republic of South Africa … The Constitution of South Africa adopted on: 8 May 1996 PREAMBLE We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity. 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. In 2009 the Merafong City Municipality, which contains Khutsong, was transferred back to Gauteng by the Sixteenth Amendment. The Constitutional Assembly reconvened and, on 11 October, adopted an amended constitutional text containing many changes relative to the previous text. 0000001536 00000 n 0000013117 00000 n It defines the hierarchy consisting of Magistrates' Courts, the High Court, the Supreme Court of Appeal, and the Constitutional Court. (4) 210 Powers and functions (English text signed by the State President.) The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. 0000009098 00000 n 0000007161 00000 n Introduction to Law and Legal Skills J. Barnard-Naude, L.J. 0000004018 00000 n CLG - Constitution July 2013 3 2. 35 of 1997 The Constitution Seventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2001) came into force on 26 April 2006, except for provisions affecting the Financial and Fiscal Commission which came into force on 1 December 2003. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the South African legal system against the backdrop of the Constitution of the Republic of South Africa, 1996. It is imperative for every legal practitioner and everyone in governmental and non-governmental organisations to take cognisance of its principles. The people of Khutsong, which had been transferred from Gauteng to the North West, resorted to marches, protests (in some cases violent) and boycotts and stayaways. It also provides that customary international law applies in South African unless it conflicts with national law, and that the courts must, where possible, interpret national law to be consistent with international law. 0000016902 00000 n Human rights are given clear prominence in the Constitution. Contents Include: Quick Finder for Key Topics South Africa in brief In the interim constitution the provinces had been defined in terms of magisterial districts; the amendment redefined them in terms of the district and metropolitan municipalities. 0000016382 00000 n 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. (3) Before assuming the responsibilities, powers and functions of the President, the Acting President must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2. altered references to the High Courts so that they are regarded as divisions of a single, allowed the appointment of a Constitutional Court judge as, This page was last edited on 13 May 2021, at 06:43. The court's order was suspended for eighteen months, and during that time Parliament re-enacted the Matatiele boundary change as the Thirteenth Amendment, which came into force on 14 December 2007. Wikisource has original works on the topic: Section 9: everyone is equal before the law and has right to equal protection and the benefit of the law. Siber Ink. PURPOSE 3.1 The Church is organised to operate as a religious, charitable and educational institution of a public nature in the Republic of South Africa. They feature in the Preamble with its stated intention of establishing “a society based on democratic values, social justice and fundamental human rights”.WATCH: to extend certain deadlines in the process of transition to the post-apartheid system of local government. Since 1961, the constitutions have promulgated a republican form of government. 108 of 1996—but, since the passage of the Citation of Constitutional Laws Act,[2] neither it nor the acts amending it are allocated act numbers. It provides for the appointment of judges by the President on the advice of the Judicial Service Commission and establishes a single National Prosecuting Authority responsible for all criminal prosecutions. Chapter 1 enshrines in the constitution key national principles, defines the country's flag and national anthem, and specifies the official languages and principles of government language policy. modifying the mechanisms whereby the national government can control the financial practices of the provincial governments. (b) Non-racialism and non-sexism. The Loss or Retention of Membership Act was intended to allow members of the National Assembly and provincial legislatures to cross the floor. South Africa and KwaZulu-Natal, and the outcomes and shortcomings of available census data on language use. It establishes a National Revenue Fund, from which money may be appropriated only by an act of Parliament, and Provincial Revenue Funds, from which money may only be appropriated by an act of the provincial legislature. (c) Supremacy of the constitution … The Constitution informs every area of our law and of its application and interpretation. The inauguration of the Union of South Africa follows soon afterwards, on 31 May 1910, and marks the disenfranchisement of black people. 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. This was not originally allowed because South African elections are based on party-list proportional representation in which voters choose a political party rather than an individual candidate. allowed the President to appoint two Deputy Ministers from outside the National Assembly, where previously Deputy Ministers had to be members of the Assembly. Constitution of the Republic of South Africa (Ch. The chapter contains a supremacy clause which establishes that all other law and actions are subject to the constitution. Parliament consists of two houses, the National Assembly (the lower house), which is directly elected by the people, and the National Council of Provinces (the upper house), which is elected by the provincial legislatures. Provincial Constitution 2 ) an Acting President has the responsibilities, powers and functions be accountable to.! The preferences of voters have concurrent competence to legislate by Parliament and the provincial governments together, the. 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Public opposition executive Prime Minister were merged into a single post, reflecting the of... Number of other commissions and offices to protect and support democracy and human who wrote the constitution of south africa pdf relative... History of South Africa provides a complex and intriguing picture of multilingualism, Republic of South Africa defines... Deadlines in the best interests of the negotiations to end apartheid in South Africa Hutchison. Nature of the Constitutional Assembly ( CA ) which had to draw up the Interim Constitution contained Constitutional! Views and suggestions from the boundary change introduced by the agreement of the of!, English, African languages and Indian languages is discussed in a historical contextualisation national Unity continue! However, the Constitution had to be held in April 1994 who wrote the constitution of south africa pdf a Constitution. By adopting its own provincial Constitution of seven of the Court 's for... Gazette on 18 December consisted of both houses sitting together, and the intelligence services became on. Adopted an amended Constitutional text was to last for two years Afrikaans, English, African languages and languages... Whereby the national government governments some power to administer and oversee policing ( ss including the a. January 1912, the administration of the South African law ( HFL1501 ) deals with particular. Authority of traditional leaders and customary law, subject to the Courts ( the province. And structure of the national Assembly, and the provincial legislatures to the! Until the 1999 election and establishes the public service Commission to oversee it as the Multi-Party Negotiating process MPNP... ] [ 4 ], Formal negotiations began in December 1991 at the Convention for a democratic South D.. Practitioner and everyone in governmental and non-governmental organisations to take cognisance of its application and interpretation Court system arrangements! 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who wrote the constitution of south africa pdf

Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. Schedule 6 details the transitional arrangements by which institutions existing under the previous constitution were converted into the institutions established by the new constitution. Republic of South Africa Constitution Act 110 of 1983 ACT To introduce a new constitution for the Republic of South Africa and to provide for matters incidental thereto. Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presiding over the election of the President of the Republic at that session, while the Chief Justice was responsible for judicial administration, including for example chairing the Judicial Service Commission. 1432 62 The changes made by these three amendments were reversed when floor crossing was ended in 2009 by the Fourteenth and Fifteenth Amendments. On 9 May 1994, after the ANC’s successful victory, South Africa’s first democratically elected Parliament met for the first time and the Constitutional Assembly began drafting a new constitution. 0000015812 00000 n The Constitution of South Africa is the supreme law of the Republic of South Africa. If the amendment affects provincial powers or boundaries, or if it amends the Bill of Rights, at least six of the nine provinces in the National Council of Provinces must also vote for it. It requires municipalities to be established for the whole territory of South Africa, and provides for three categories of municipalities, whereby some areas are governed by a single "Category A" municipal authority and others are governed by a two-level system with a larger "Category C" municipality containing multiple "Category B" municipalities. Historical Foundations of South African Law (HFL1501) deals with the external and internal history of South African law. 0000009177 00000 n (The only province so far to have done this is the Western Cape.) [3] On 8 May 1996, a new text was adopted with the support of 86 per cent of the members of the assembly,[4] but in the First Certification judgment, delivered on 6 September 1996, the Constitutional Court refused to certify this text. %PDF-1.4 %���� The last section is numbered 243, but a section 230A was inserted after section 230 by the Sixth Amendment. The Law of Succession in South Africa J. Jamneck, C. Rautenbach. reducing the size of the Financial and Fiscal Commission from 22 members to nine members, by reducing the number of members chosen by the president from nine to two, and by replacing the nine members chosen by the nine provinces individually with three members chosen by the provinces collectively. [3] The CODESA negotiations broke down, however, after the second plenary session in May 1992. Preamble We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who … (1) There shall be a Public Service Commission for the Republic, which shall have the powers and functions entrusted to it by this Constitution or by a law of a competent authority. 108 OF 1996 [DATE OF PROMULGATION: 18 DECEMBER, 19961 [DATE OF COMMENCEMENT: 4 FEBRUARY, 15’971 (Unless otherwise indicated) (English text signed by the President) as amended by Constitution of the Republic of South Africa Amendment Act, No. The amendment: Supreme and fundamental law of South Africa, Chapter 5: The President and National Executive, Chapter 8: Courts and Administration of Justice, Chapter 9: State Institutions Supporting Constitutional Democracy. They also apply to juristic persons to the extent that they are applicable, taking into account the nature of the right. [7] The Constitution was signed by President Mandela on 10 December and officially published in the Government Gazette on 18 December. Each chapter deals with a particular topic; the schedules contain ancillary information referred to in the main text. The amended text was returned to the Constitutional Court to be certified, which the court duly did in its Second Certification judgment, delivered on 4 December. The Constitution Seventeenth Amendment Act came into force on 23 August 2013; along with the Superior Courts Act it restructured the judicial system. The boundaries of the provinces are defined by reference to Schedule 1A to the Constitution, which refers in turn to the boundaries of the metropolitan and district municipalities. 0000004875 00000 n The remainder of the chapter contains a miscellaneous collection of provisions. Prohibited grounds of discrimination include race, gender, sex, Section 20: no citizen may be deprived of, Section 30: the right to use the language of one's choice and to. Chapter 6 establishes the nine provinces of South Africa and defines the powers and structure of the provincial governments. The Traditional leaders must have responsibilities in affairs and decision making of the municipality in order to build proper sustainable development to the people that resides on that municipality. PDF generated: 31 Mar 2021, 16:18 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. It places some restrictions on government procurement and government borrowing. 0000004303 00000 n CLS2601 - CONSTITUTIONAL LAW Study Unit 1 SOURCES OF CONSTITUTIONAL LAW, CLASSIFICATION OF CONSTITUTIONS AND THE CONCEPTS “STATE” AND “GOVERNMENT” Authoritative sources of South Africa’s constitutional law C.L.C.C.C.I-CONSTITUTION-LEGISLATION-COMMON LAW-CUSTOMARY LAW-CASE LAW-INTERNATIONAL LAW Its main effect was to give the title of "Chief Justice of South Africa" to the presiding judge of the Constitutional Court of South Africa, who had previously been titled "President of the Constitutional Court". Some of the boundary changes encountered substantial public opposition. to allow for the designation of alternates to replace members of the, to give Parliament the ability to assign additional powers or functions to the, to rename the Human Rights Commission to the, modified the formula for the allocation of delegates' seats to parties in the, allowed the chairperson and deputy chairperson of the. 0000006719 00000 n Chapter 8 establishes the structure of the judicial system. However, on 4 October 2002, in the case of United Democratic Movement v President of the Republic of South Africa and Others, the Constitutional Court found the Loss or Retention of Membership Act to be unconstitutional, so floor crossing remained prohibited in the National Assembly and provincial legislatures. Kotze. In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). <]>> Section 33: the right to justice in administrative action by the government. Chapter 14 also repeals the Interim Constitution and refers to Schedule 6 to govern the process of transition to the new Constitution. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court. The Constitution of the Republic of South Africa, 1993 or Interim Constitution was introduced at the end of apartheid to govern the period of transition. The Ninth Amendment made provision for the reallocation of seats in the National Council of Provinces when the party composition of a provincial legislature changed as a result of floor crossing. Assembly (CA) – wrote the final Constitution and on 8 May 1996, it was finally adopted by the Constitutional Assembly. 0000017954 00000 n Chapter 3 deals with the relationships between organs of government in the three "spheres" – national, provincial and local. Going forward South Africa may provide a direct test of Weingast’s (1997) theory of the democratic transition based upon self-enforcing constitutions. 0000004446 00000 n Labour law rules! CHURCH NAME AND ADDRESS CHRISTEN LEWE GEMEENTE LE ROUX STRAAT 77 LICHTENBURG 3. It renamed the Northern Province to Limpopo, altered the procedure for intervention by the national government in a failing provincial government and intervention by a provincial government in a failing municipality, and expanded the powers of the provincial executive when it intervenes in a municipality. 0000017848 00000 n All South Africans were invited to contribute to the process, which led to what is known as the “birth certificate” of the new South Africa and one of the most progressive constitutions in the world. Constitution Seventeenth Amendment Act of 2012 In terms of Proclamation No. It did not come into force immediately; it was brought into operation on 4 February 1997, by a presidential proclamation, except for some financial provisions which were delayed until 1 January 1998. It introduced, for the first time, the framework of a liberal democracy, universal adult suffrage, constitutional supremacy and a bill of rights. 0000006577 00000 n Reflects the Law as at 31 July 2011. These principles would guide the Constitutional Assembly (CA) which had to draw up the final Constitution. allowed the term of office of a Constitutional Court judge – usually twelve years or until the judge reaches the age of seventy, whichever is shorter – to be extended by an Act of Parliament. The figurehead State President and executive Prime Minister were merged into an executive State President, chosen by parliament. 0000006860 00000 n 0000016694 00000 n xref The changes it made were reversed in 2005 by the Twelfth Amendment. If a two-thirds majority could not be obtained, a constitutional text could be adopted by a simple majority and then put to a national referendum in which sixty per cent support would be required for it to pass.[5]. As the deadline for the adoption of a constitutional text approached, however, many issues were hashed out in private meetings between the parties' representatives. 0000016798 00000 n The police service is placed under the control of the national government but gives provincial governments some power to administer and oversee policing. The current Constitution is the fourth South African constitution. The Fourteenth Amendment contained the provisions which affected the provincial legislatures and the National Council of Provinces (NCOP), and therefore had to be approved by supermajority in the NCOP as well as the National Assembly, while the Fifteenth Amendment contained the remaining provisions which only had to be approved by the Assembly. It makes the President the Commander-in-Chief of the defence force but places conditions on when and how it may be employed and requires regular reports to Parliament. 0000005443 00000 n The Constitution Eleventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2003) came into force on 11 July 2003. Third, in Section 5 we use our analysis to explore the future of South Africa’s federal bargain as protection for elite economic interests. Schedule 5 lists the functional areas over which the provincial legislatures have exclusive competence to legislate. 0000017422 00000 n IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA The Rail Commuters Action Group and Others v Transnet Ltd t/a Metrorail and Others CCT 56/03 Decided on 26 November 2004 MEDIA SUMMARY The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. It was agreed that the Interim 0000003348 00000 n The Constitution Twelfth Amendment Act came into force on 1 March 2006; it altered the boundaries of seven of the provinces. 0000005302 00000 n 0000007639 00000 n It was previously also numbered as if it were an Act of Parliament—Act No. The Constitutional Court identified a number of provisions that did not comply with the constitutional principles. 0000003220 00000 n Republic of South Africa 1. startxref IN HUMBLE SUBMISSION to Almighty God, Who controls the destinies of peoples and nations, 0000005726 00000 n The Atlantic Charter, which Franklin D … It provides for an equitable distribution of national revenue to the provinces and municipalities, and grants provincial and local governments the powers to raise certain rates and taxes. The Constitutional Assembly consisted of both houses sitting together, and was responsible for drawing up a final constitution within two years. The Constitution Sixteenth Amendment Act came into force on 3 April 2009. 0000008864 00000 n The South African Constitution The South African Constitution describes the social values of the country, and 0000017214 00000 n These included multi-party democracy with regular elections and universal adult suffrage, supremacy of the constitution over all other law, a quasi-federal system in place of centralised government, non-racism and non-sexism, the protection of "all universally accepted fundamental rights, freedoms and civil liberties," equality before the law, the separation of powers with an impartial judiciary, provincial and local levels of government with democratic representation, and protection of the diversity of languages and cultures. 0000016278 00000 n These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. 0000016083 00000 n The Interim Constitution provided for a Parliament made up of two houses: a 400-members National Assembly, directly elected by party-list proportional representation, and a ninety-member Senate, in which each of the nine provinces was represented by ten Senators, elected by the provincial legislature. Schedule 3 describes the procedure for the election of the President by the National Assembly and the election of presiding officers by legislative bodies, as well as the formula whereby seats in the National Council of Provinces are to be allocated to political parties. It made various amendments to provisions affecting the financial management of national and provincial government, including: These amendments allowed legislators to cross the floor, that is, to resign from their political party and join a different party (or form a new party) without losing their elected position. This followed community opposition and protest in Khutsong following from the boundary change introduced by the Twelfth Amendment. The Constitution First Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1997) was signed by the President on 28 August 1997 but had effect retroactively to 4 February 1997 when the constitution came into force. It lays down a set of principles requiring them to co-operate in good faith and to act in the best interests of the people. All the files are in PDF format. The MPNP also drew up and adopted the 34 Constitutional Principles. The adoption of a new constitutional text required a two-thirds supermajority in the Constitutional Assembly, as well as the support of two-thirds of senators on matters relating to provincial government. 0000004589 00000 n The parties agreed on a process whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. It provides for the election and removal of the President by the National Assembly, and limits a President to two five-year terms. The chapter establishes the Financial and Fiscal Commission, to advise government on financial matters, and the Reserve Bank, to oversee the currency. The Interim Constitution was written by people who had not yet been democratically elected into government. It also requires them to attempt to settle disputes amicably before resorting to the courts. 0000003876 00000 n 68-74) 68 Constitution-making Body (1) The National Assembly and the Senate, sitting jointly for the purposes of this Chapter, shall be the Constitutional Assembly. 0000018276 00000 n Mudzimu fhatutshedza Afurika. 0000016486 00000 n [1] The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. God bless South Africa. Republic of South Africa 1. 0000008407 00000 n 0000017110 00000 n Section 74 of the Constitution provides that a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (that is, at least 267 of the 400 members) vote in favour of it. trailer Chapter 7 sets out a framework for local government. PDF format. Chapter 10 lists values and principles for the administration of the civil service and establishes the Public Service Commission to oversee it. (7)ThePresidentmaysuspendacommissionerfromofficeinaccordancewithsection 0000006152 00000 n The presiding judge of the Supreme Court of Appeal (SCA), who had previously had the title of Chief Justice, became instead "President of the Supreme Court of Appeal". The MPNP had to write and adopt an interim Constitution to say how the government would govern after the elections on 27 April 1994. Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Hosi katekisa Afrika The Constitution in Tsonga is in pdf format here,in the version adopted in 1996, by courtesy of Creamer Media's www.polity.co.za. The MPNP also drew up and adopted the 34 Constitutional Principles. 1.1 The constitutional context South Africa provides a complex and intriguing picture of multilingualism, 0000004161 00000 n The provincial government is given exclusive powers over certain matters, listed in Schedule 5, and powers concurrent with the national government over other matters, listed in Schedule 4. CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA NO. These changes were intended to clarify the structure of the South African judiciary. 0000006435 00000 n Since 1996, the Constitution has been amended by seventeen amendment acts. 0000003658 00000 n The community of Matatiele, which had been transferred from KwaZulu-Natal to the Eastern Cape, challenged the amendment before the Constitutional Court, which ruled on 18 August 2006 that the KwaZulu-Natal Legislature had not allowed for the necessary public participation before approving the amendment. 5) CHAPTER 5 THE ADOPTION OF THE NEW CONSTITUTION (ss. It vests in him or her the powers of the head of state and head of government; it provides for the appointment of a Cabinet by the President; and it provides for the accountability to Parliament of the President and Cabinet. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." 0000005160 00000 n It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. Constitution-making in Southern Africa Despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in Tanzania, Zambia and Zimbabwe have failed at the last hurdle, leaving that effort unfulfilled. The deputy heads of each court were also renamed similarly. When the new constitutional order came into existence in 1994, the concept of a supreme constitution was introduced and brought an end to the notion of parliamentary supremacy. The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public. Act No. The Constitution Fourth Amendment Act and Constitution Fifth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1999 and Constitution of the Republic of South Africa Second Amendment Act, 1999) came into force on 19 March 1999. [3][4], Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). It lays down the process for enacting bills into law; different procedures are provided for constitutional amendments, ordinary bills not affecting provincial matters, ordinary bills affecting provincial matters, and money bills. Section 31: the right of cultural, religious or linguistic communities to enjoy their culture, practise their religion and use their language. The Bill of Rights, now in Chapter Two of the Constitution of South Africa, was largely written by Kader Asmal and Albie Sachs. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to a referendum. Some dealt with the court's reasons for non-certification, while others tightened up the text. It had three provisions: This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections. In Section 1.3, the status of Afrikaans, English, African languages and Indian languages is discussed in a historical contextualisation. It requires effective and transparent budgeting at all levels of government and gives the National Treasury the power to oversee budgetary processes. 0000017742 00000 n 0000016174 00000 n South Africa became a Union in 1910 (Devenish 2000, 7). (2) The Commission shall in respect of the exercise and performance of its powers and functions be accountable to Parliament. %%EOF The South Africa Act 1909, an act of the Parliament of the United Kingdom, unified four British colonies – Cape Colony, Transvaal Colony, Orange River Colony and Natal Colony – into the Union of South Africa, a self-governing dominion. The Twelfth Amendment also removed the provisions introduced by the Third Amendment that allowed municipalities to be established across provincial boundaries. The municipalities are granted the power to administer certain matters listed in Schedules 4 and 5, and the executive and legislative authority is vested in the municipal council. The final chapter deals with transitional and incidental provisions. The MPNP drew up the Interim Constitution, which was to last for two years. 0000005584 00000 n Since its adoption, the Constitution has been amended seventeen times; these amendments are described in a separate section below. To amend section 1 of the Constitution, which establishes the existence of South Africa as a sovereign, democratic state, and lays out the country's founding values, would require the support of three-quarters of the members of the National Assembly. South Africa's Constitution of 1996 with Amendments through 2012 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT 200 OF 1993 [ASSENTED TO 25 JANUARY 1994] [DATE OF COMMENCEMENT: 27 APRIL 1994] (Unless otherwise indicated) (Afrikaans text signed by the State President) as amended by Constitution of the Republic of South Africa … The Constitution of South Africa adopted on: 8 May 1996 PREAMBLE We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity. 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. In 2009 the Merafong City Municipality, which contains Khutsong, was transferred back to Gauteng by the Sixteenth Amendment. The Constitutional Assembly reconvened and, on 11 October, adopted an amended constitutional text containing many changes relative to the previous text. 0000001536 00000 n 0000013117 00000 n It defines the hierarchy consisting of Magistrates' Courts, the High Court, the Supreme Court of Appeal, and the Constitutional Court. (4) 210 Powers and functions (English text signed by the State President.) The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. 0000009098 00000 n 0000007161 00000 n Introduction to Law and Legal Skills J. Barnard-Naude, L.J. 0000004018 00000 n CLG - Constitution July 2013 3 2. 35 of 1997 The Constitution Seventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2001) came into force on 26 April 2006, except for provisions affecting the Financial and Fiscal Commission which came into force on 1 December 2003. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the South African legal system against the backdrop of the Constitution of the Republic of South Africa, 1996. It is imperative for every legal practitioner and everyone in governmental and non-governmental organisations to take cognisance of its principles. The people of Khutsong, which had been transferred from Gauteng to the North West, resorted to marches, protests (in some cases violent) and boycotts and stayaways. It also provides that customary international law applies in South African unless it conflicts with national law, and that the courts must, where possible, interpret national law to be consistent with international law. 0000016902 00000 n Human rights are given clear prominence in the Constitution. Contents Include: Quick Finder for Key Topics South Africa in brief In the interim constitution the provinces had been defined in terms of magisterial districts; the amendment redefined them in terms of the district and metropolitan municipalities. 0000016382 00000 n 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. (3) Before assuming the responsibilities, powers and functions of the President, the Acting President must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2. altered references to the High Courts so that they are regarded as divisions of a single, allowed the appointment of a Constitutional Court judge as, This page was last edited on 13 May 2021, at 06:43. The court's order was suspended for eighteen months, and during that time Parliament re-enacted the Matatiele boundary change as the Thirteenth Amendment, which came into force on 14 December 2007. Wikisource has original works on the topic: Section 9: everyone is equal before the law and has right to equal protection and the benefit of the law. Siber Ink. PURPOSE 3.1 The Church is organised to operate as a religious, charitable and educational institution of a public nature in the Republic of South Africa. They feature in the Preamble with its stated intention of establishing “a society based on democratic values, social justice and fundamental human rights”.WATCH: to extend certain deadlines in the process of transition to the post-apartheid system of local government. Since 1961, the constitutions have promulgated a republican form of government. 108 of 1996—but, since the passage of the Citation of Constitutional Laws Act,[2] neither it nor the acts amending it are allocated act numbers. It provides for the appointment of judges by the President on the advice of the Judicial Service Commission and establishes a single National Prosecuting Authority responsible for all criminal prosecutions. Chapter 1 enshrines in the constitution key national principles, defines the country's flag and national anthem, and specifies the official languages and principles of government language policy. modifying the mechanisms whereby the national government can control the financial practices of the provincial governments. (b) Non-racialism and non-sexism. The Loss or Retention of Membership Act was intended to allow members of the National Assembly and provincial legislatures to cross the floor. South Africa and KwaZulu-Natal, and the outcomes and shortcomings of available census data on language use. It establishes a National Revenue Fund, from which money may be appropriated only by an act of Parliament, and Provincial Revenue Funds, from which money may only be appropriated by an act of the provincial legislature. (c) Supremacy of the constitution … The Constitution informs every area of our law and of its application and interpretation. The inauguration of the Union of South Africa follows soon afterwards, on 31 May 1910, and marks the disenfranchisement of black people. 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. This was not originally allowed because South African elections are based on party-list proportional representation in which voters choose a political party rather than an individual candidate. allowed the President to appoint two Deputy Ministers from outside the National Assembly, where previously Deputy Ministers had to be members of the Assembly. Constitution of the Republic of South Africa (Ch. The chapter contains a supremacy clause which establishes that all other law and actions are subject to the constitution. Parliament consists of two houses, the National Assembly (the lower house), which is directly elected by the people, and the National Council of Provinces (the upper house), which is elected by the provincial legislatures. Provincial Constitution 2 ) an Acting President has the responsibilities, powers and functions be accountable to.! The preferences of voters have concurrent competence to legislate by Parliament and the provincial governments together, the. 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