Constitution of South Africa: Wikis

Advertisements
  
  
  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

From Wikipedia, the free encyclopedia

South Africa

This article is part of the series:
Politics and government of
South Africa



Other countries · Atlas
Politics portal

The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the Republic of South Africa, sets out the rights and duties of the citizens of South Africa, and defines the structure of the Government of South Africa. The current Constitution of South Africa was adopted by the Constitutional Assembly on 11 October 1996, certified by the Constitutional Court on 4 December, signed by President Nelson Mandela on 10 December, and came into effect on 4 February 1997, replacing and repealing the Interim Constitution of 1993. Since its adoption, the Constitution has been amended sixteen times.[1]

The Constitution is formally an Act of the Parliament of South Africa; its short title is Constitution of the Republic of South Africa, 1996 and its long title is "An Act to introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto"[2]. It was formerly also numbered as Act No. 108 of 1996, but since the passage of the Citation of Constitutional Laws Act, 2005 it has had no associated Act number.[3]

Contents

History

The South African Constitutional Court played an important role in the adoption of the 1996 Constitution. In terms of the interim constitution, the Parliament sitting as the Constitutional Assembly was required to produce a new constitution. In turn, the court was required to certify that the new constitution complied with the 34 constitutional principles agreed upon in advance by the negotiators of the Interim Constitution. The court ruled that the constitutional text adopted by the Constitutional Assembly in May 1996 could not be certified. The court identified the features of the new text that did not in its view comply with the Constitutional Principles and gave its reasons for that view. The Constitutional Assembly then had to reconsider the text, taking the court’s reasons for non-certification into account.

The Constitutional Assembly reconvened and on 11 October 1996, it adopted an amended constitutional text containing many changes from the previous text, some dealing with the court’s reasons for non-certification and others tightening up the text. The amended text was then sent to the Constitutional Court for certification. In its judgement in the Certification of the Amended Text of the Constitution of the Republic of South Africa, 1996 (4 December 1996) the court held that all of the grounds for non-certification of the earlier text had been eliminated in the new draft and accordingly certified that the text complied with the requirements of the Constitutional Principles. The text duly became the Constitution of the Republic of South Africa in 1996 and came into effect in February 1997. It has been amended sixteen times since its adoption. On 8 May 2006 the tenth anniversary of the adoption of the constitution was celebrated in Parliament.

Features

The constitution consists of a preamble, fourteen chapters followed by seven schedules. Each chapter and schedule focus on a specific topic. The following is a list of chapters and schedules and the focus of each.

Advertisements

Chapters

Chapter 1 of the Constitution is entitled "Founding Provisions." It enshrines in the constitution key national principles, identifies the flag of South Africa and lists the official languages. By virtue of section 2 of chapter 1, all statutes that conflict with the Constitution are of no force or effect.

South Africa is defined in this chapter as being a democratic, independent republic based upon the principles of protecting dignity, human rights and the rule of law. Values of dignity and human rights are repeated in Chapter 2.

The official languages are identified by section 6 as being Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu. The government of South Africa is also required to promote usage of native languages. Choice of language by national or municipal government should take into consideration the most relevant language to the area affected. Section 6 also requires that a Pan South African Language Board must advance the use of all official languages, and to respect the citizens' use of other languages such as German or Urdu.

Other chapters are,

  • Chapter 2 - Bill of Rights
  • Chapter 3 - Co-operative Government
  • Chapter 4 - Parliament
  • Chapter 5 - The President and National Executive
  • Chapter 6 - Provinces
  • Chapter 7 - Local Government
  • Chapter 8 - Courts and Administration of Justice
  • Chapter 9 - State Institutions Supporting Constitutional Democracy
  • Chapter 10 - Public Administration
  • Chapter 11 - Security Services
  • Chapter 12 - Traditional Leaders
  • Chapter 13 - Finance
  • Chapter 14 - General Provisions

Schedules

  • Schedule 1 - National Flag
  • Schedule 2 - Oaths and Solemn Affirmations
  • Schedule 3 - Election Procedures
  • Schedule 4 - Functional Areas of Concurrent National and Provincial Legislative Competence
  • Schedule 5 - Functional Areas of Exclusive Provincial Legislative Competence
  • Schedule 6 - Transitional Arrangements
  • Schedule 7 - Laws Repealed

Amendments to the current constitution

There have been sixteen amendments since 1996.

Amendment Act Date assented Brief description of issues dealt with
1 Constitution First Amendment Act of 1997 (previously referred to as Act 35 of 1997) 1997-08-28 Oath for acting presidents. Extended amnesty.
2 Constitution Second Amendment Act of 1998 (previously referred to as Act 65 of 1998) 1998-09-28 Extend terms of municipal councils. Commissions. Transition arrangement for local government.
3 Constitution Third Amendment Act of 1998 (previously referred to as Act 87 of 1998) 1998-10-20 Cross border municipalities.
4 Constitution Fourth Amendment Act of 1999 (previously referred to as Act 3 of 1999) 1999-03-17 Provincial election dates. NCOP seat allocation.
5 Constitution Fifth Amendment Act of 1999 (previously referred to as Act 2 of 1999) 1999-03-17 Election dates. Financial and fiscal commission chairperson.
6 Constitution Sixth Amendment Act of 2001 (previously referred to as Act 34 of 2001) 2001-11-20 Title of Chief Justice. Appointment of deputy ministers. Municipal borrowing.
7 Constitution Seventh Amendment Act of 2001 (previously referred to as Act 61 of 2001) 2001-12-07 Cabinet member responsible for financial matters.
8 Constitution Eighth Amendment Act of 2002 (previously referred to as Act 18 of 2002) 2002-06-19 Municipal floor-crossing
9 Constitution Ninth Amendment Act of 2002 (previously referred to as Act 21 of 2002) 2002-06-19 NCOP delegates (floor-crossing)
10 Constitution Tenth Amendment Act of 2003 (previously referred to as Act 2 of 2003) 2003-03-19 National assembly and provincial legislature floor-crossing
11 Constitution Eleventh Amendment Act of 2003 (previously referred to as Act 3 of 2003) 2003-04-09 Financial matters. Name of Limpopo province. National/provincial intervention in provincial/local affairs.
12 Constitution Twelfth Amendment Act of 2005 2005-12-22 Provincial borders
13 Constitution Thirteenth Amendment Act of 2007 2007-12-13 Reconfirming the Eastern Cape and Kwa-Zulu Natal borders altered by the 12th amendment after the Constitutional Court found that aspect of that amendment procedurally invalid (after a successful application by Matatiele).
14 Constitution Fourteenth Amendment Act of 2008 2009-01-06 Repeal of floor crossing in the National Assembly, National Council of Provinces, and provincial legislatures.
15 Constitution Fifteenth Amendment Act of 2008 2009-01-06 Repeal of floor crossing in municipal councils.
16 Constitution Sixteenth Amendment Act of 2009 2009-03-25 Transfer of Merafong from North West to Gauteng.

* The Citation of Constitutional Laws Act, No. 5 of 1999 provides that the Constitution of the Republic of South Africa, 1996 and Acts which amend it, are not to be associated with Act numbers. It is possible that Act 5 of 1999 itself can be considered an amendment of the Constitution of the Republic of South Africa, 1996, but it makes no provision for itself to be referred to without reference to it Act number.

Previous and current constitution of South Africa

See also

References

  1. ^ "The Constitution: The certification process". Constitutional Court of South Africa. http://www.constitutionalcourt.org.za/site/theconstitution/thecertificationprocess.htm. Retrieved 13 October 2009.  
  2. ^ "Constitution of the Republic of South Africa, 1996". Government Gazette of South Africa (Cape Town) 378 (17678). 18 December 1996. http://commons.wikimedia.org/wiki/File:Constitution_of_the_Republic_of_South_Africa_1996_from_Government_Gazette.djvu.  
  3. ^ "Citation of Constitutional Laws Act, 2005". Government Gazette of South Africa (Cape Town) 480 (27722). 27 June 2005. http://commons.wikimedia.org/wiki/File:Citation_of_Constitutional_Laws_Act_2005_from_Government_Gazette.djvu.  

External links


Source material

Up to date as of January 22, 2010

From Wikisource

Constitution of the Republic of South Africa, 1996
enacted by the Constitutional Assembly of South Africa and amended by the Parliament of South Africa
←Indexes: Constitutional documents of South Africa
Wikipedia logo Wikipedia has more on:
Constitution of South Africa.

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. It enumerates a bill of rights for the people of South Africa. It describes the division of South Africa into nine provinces, and establishes the structure of national, provincial and local spheres of government and the principles that govern the interaction between the spheres. It establishes a single independent national judiciary along with various other independent organisations to support democracy and the constitution.

The 1996 Constitution was enacted in 1996 in one of the phases of the transition process from apartheid to democracy. It replaced an Interim Constitution which was drafted in 1993 by the Multiparty Negotiating Forum and came into effect on the day of the elections of 1994. The Interim Constitution required the two houses of Parliament to sit jointly as the Constitutional Assembly to draft the text of the new Constitution. This text was then referred to the Constitutional Court to certify its compliance with a set of Constitutional Principles laid down in the Interim Constitution. The Court refused to certify the first draft text, so it returned to the Constitutional Assembly for revision. The second draft text was accepted by the Court and signed by President Nelson Mandela in December 1996.

In terms of Proclamation No. R. 6 of 1997, most sections of the Constitution came into force on 4 February 1997, except for section 160 (1) (b), which came into effect on 30 June 1997; and sections 213–216, 218, and 226–230, which, in terms of section 243 (5), only came into force on 1 January 1998.

Since its enactment, the Constitution has been amended sixteen times. Significant amendments include the enactment and subsequent repeal of floor crossing, and various adjustments of the provincial boundaries. Some of these boundary changes have experienced significant popular opposition in the areas concerned, notably in Khutsong and Matatiele.


Various versions of the Constitution of the Republic of South Africa, 1996 exist:

PD-icon.svg This work was created and first published in South Africa and is in the public domain because it is an official text of a legislative, administrative or legal nature, or an official translation of such a text, or a speech of a political nature, or a speech delivered in the course of legal proceedings.

According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts, or in speeches of a political nature or in speeches delivered in the course of legal proceedings."

As an edict of a government, it is also in the public domain in the United States.

Coat of arms of South Africa.gif

Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message