South africa free speech and free press around the world. Context, continuity and the problem of path dependency further reading 2. Kaleidoscope international law and the south african constitution. To introduce a new constitution for the republic of south africa and to provide. It was previously also numbered as if it were an act of parliament act no. Constitution of the republic of south africa, 1996chapter. Chapter 1 of the constitution of south africa, titled founding provisions and containing six sections, enshrines in the constitution key national principles, defines the countrys flag and national anthem, and specifies the official languages and principles of government language policy section 1, republic of south africa, defines south africa as one, sovereign, democratic state and. The interim constitution was the fundamental law of south africa from the first nonracial general election on 27 april 1994 until it was superseded by the final constitution on 4 february 1997. During the whole 1960s, the south african racist system became more conprehensive and tight.
Constitution of the republic of south africa, 1996 housing. Human dignity, the achievement of equality and the advancement of human rights and freedoms. The1996 constitution ofthe republic of south africa. The constitution of the republic of south africa south. Click download or read online button to get the constitution of south africa book now.
It contains a lengthy list of socioeconomic rights, which the drafters hoped would protect and assist those disadvantaged by apartheid and those who are poor and vulnerable. Brand south africa south africas constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. Constitution of the republic of south africa, 1996. Why the south african constitution is better than the united.
Constitution of the republic of south africa amendment. The constitution also had to reflect the novel and fundamental character of the post1994 south african state, described in chapter 1 as one, sovereign, democratic state founded on several foundational values including the supremacy of the constitution and rule of law. Evolution of south africas racist constitutions and the. The period between 1909 and 1910, the period 1910 and 1996, the period 1996 to present. It is a constitution for every citizen of the country, and includes a bill of rights. Republic of south africa constitution act south africa.
Constitution of the republic of south africa, 1996 english text signed by the president promulgation date. Other articles where republic of south africa constitution act is discussed. Constitution of the republic of south africa, 1996 xhosa download pdf xhosa version of the constitution of the republic of south africa, 1996. The republic of south africa is one, sovereign, democratic state founded on the following values. It says how the government should rule the country and it includes a bill of rights. They urged the people to build a new south africa based on equality of all races, and of men. South african constitution of 1996 republic of south africa. Keevyubuntu versus the core values of the south african constitution dr.
South africa constitutional authority and its limitations. Constitution of the republic of south africa amendment bill. South africa s constitution of 1996 with amendments through 2012. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. Section nine of the constitution of south africa wikipedia. For the first time, all religions in south africa were guaranteed. The focus of the south african constitutions section on the environment is on us, the people living in the country.
South africas constitution of 1996 with amendments through 2012. No other law or government action can supersede the provisions of the constitution. This site is like a library, use search box in the widget to get ebook that you want. Dec 11, 2014 its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. This period was characterised by the enactment of the south africa act by the british parliament, establishing an independent union of south africa comprising the territories of cape colony, orange free state, natal and transvaal. In some respects, the chapter is a template which a province may modify to a limited extent by adopting its. The constitution is formally entitled the constitution of the republic of south africa, 1996. The application of african law in a free and liberated environment must reflect its own social, political and legal cosmology in which its institutions operate within their own indigenous frame of reference. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Pdf south african constitutional law in context researchgate. Constitution of the republic of south africa, 1996 no. Write a note on south african constitution share with your friends. For example, in a case concerning a challenge to legislation regulating the publication and distribution of sexually explicit material, the court may have to balance.
All persons residing in south africa have a right to an environment that isnt harmful to their health or wellbeing as well as a right to have the environment protected for. The constitution was adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly. The constitution of south africa is the supreme law of the republic of south africa. In many states, the constitution is the supreme law of the state and it is often regarded as a special law with a higher status than other laws. The constitution of south africa section 9 equality 3 the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Authorizing subnational constitutions in transitional. The final constitution adopted in 1996 had to give effect to this principle. The entrance to south africas constitutional court flickr africa deluxe. The south african constitution 1996 section 28 bill of child rights the south african government signed the south african constitution in 1996 clearly outlining its commitment to the child rights section 28. What are the features of the constitution of south africa. Apartheid, premised on race discrimination and the denial of.
A must read not only for law students but also political science students i guess but also anyone interested in these issues and how the constitution really works and how it is best applied as far as the above topics are concerned. 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. Law society of south africa and others v president of the. Chapter one of the constitution of south africa wikipedia. This constitution is the supreme law of the republic.
Constitution of the republic of south africa, 1996 xhosa. Constitution, charter and religions in south africa. Kaleidoscope international law and the south african. Under the new government, officials understood citizens need to hear, form and express opinions of all matters. Assessing the performance of the south african constitution. Section nine of the constitution of south africa guarantees equality before the law and freedom from discrimination to the people of south africa. Constitutional history and development south africas constitutional history and development can be divided into three key phases. It made provision for a major restructuring of government. Power and constraints in the constitution of the republic of. The features of south africa constitution are 1 right to privacy, so that citizen or their home cannot be searched 2 right to an environment that is not harmful to their health or wellbeing 3 right to have access to adequate housing 4 right to have access yo health care services, sufficient food and water. Constitution of the republic of south africa amendment act, no.
Constitution of the republic of south africa act 108 of 1996. Share 1 after the emergence of the new democratic south africa, black leaders appealed to fellow blacks to forgive the whites for the atrocities they had committed while in power. Constitution of south african for android apk download. Proposals for amendments to this constitution, or dissolution must be delivered to the secretary in writing. South africas constitution was the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. Eighteen years of the worlds best constitution brand south. The constitution of the republic of south africa, 1996, is the current constitution that forms the basis for the law and government of the nation of south africa. The electronic version of this publication is available under a creative. Jun 11, 2017 the constitutional court in the constitution hill precinct, hillbrow image. South africas constitution of 1996 with amendments. South africa, democracy, and the kwazulunatal constitution jonathan l. 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. The south african constitution of 1996 is a document that consists of 14 chapters.
Manifesto on values, education and democracy, department ofeducation 2001 2. South africas 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. Constitutional history of south africa constitutionnet. Section 24 of the constitution of the republic of south africa, 1996.
Republic of south africa constitution act, 1983 wikisource. It enumerates a bill of rights for the people of south africa. The order of constitutional invalidity made by the high court of south. Certification of the constitution of the republic of south africa, 1996. Aug 18, 2019 the repeal of section 17 of the coloured persons representative council act, 1964 act no. A prime example is the tension between the rights to freedom and security of the person and those protecting cultural, religious and linguistic communities.
Tribe and landry describe constitution making as an opportunity to structure the future. It is about laying a framework for the creation of a new nation, and to compose the atmosphere in which the politics of the future is to be composed. In the more than twenty years since the promulgation of the republican constitution, the south african authorities continued to adopt a great number of racist laws and other reactionary statutes. Ilze keevy, senior lecturer, department of constitutional law and philosophy of law, university of the free state, p o box 339, bloemfontein, 9300, south africa. On 8 may 1996, south africa became the first country in the world to constitutionally prohibit discrimination based on sexual orientation. The secretary in conjunction with all other officers shall then decide on the date of a meeting to discuss such proposals, giving at least four weeks 28 days clear notice. 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. Everyone has the right to an environment that is not harmful to their health or wellbeing. Bill of rights chapter 2 of the constitution of the republic. The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of south africa. Download a pdf of the constitution of south africa in a language of your.
Constitution first amendment act of 1997 constitution second amendment act of 1998 constitution third amendment act of 1998. Constitution of the republic of south africa,1996 centre. To introduce a new constitution for the republic of south africa and. Eighteen years of the worlds best constitution brand.
This equality right is the first right listed in the bill of rights. The omalley archives is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and postapartheid eras. Public protector v south african reserve bank cct10718 2019. Abstract not all federal systems permit their constituent units to adopt constitutions. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. South africa including territories which formerly formed part of the republic and the funds of the organisation shall be applied within this area. The purpose of a constitution, as a key element of a legal system, is to provide the norm to which all government actions should conform motimele and. Cass sunstein said that the south african constitution is the most admirable constitution in the history of the world. This is from the south african government and includes a pdf version from the statutes of the republic of south africa. Why the south african constitution is better than the. South africa constitution 1996 for android apk download. Free download a pdf of the constitution of south africa in a language of.
African constitutions african studies centre leiden. The new south african constitution protects people from discrimination on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and. Section 166 of the constitution of the republic of south africa, 1996 hereinafter referred to as the constitution, is amended a by the substitution for paragraph c of the following paragraph. Authorizing subnational constitutions in transitional federal states. As a transitional constitution it required the newly elected parliament to also serve as a constituent assembly to adopt a final constitution. Jan 29, 2018 the constitution of the republic of south africa, 1996, is the current constitution that forms the basis for the law and government of the nation of south africa. Kaleidoscope international law and the south african constitution john dugard for over forty years, from 1948 to 1990, south africa was in conflict with both the international community and international law. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic. Constitution south african legal research guides at georgetown. South africas constitution is one of the most progressive in the world and enjoys high acclaim internationally. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. The constitution of south africa download ebook pdf.
In its stead, a republic a south africa was established. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. 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. To obtain a harcopy of the constitution, please contact one of the following. The politics of sexuality in south africa199 the south african constitution invites contradictions. It enumerates a bill of rights for the people of south africaa must have for every south african, parent and child, teacher and student, and south africa geek. In south africa, the present constitution is the hallmark of a constitutional.
714 625 538 846 104 1423 326 328 893 1171 816 624 1264 156 403 1660 1463 319 1517 963 103 1007 451 1414 1115 885 511 705 1197 1393 754 31 373 581 1157 675 423 488 1340 191 1159 1028 439 167 1192 906