Constitution of the republic of south africa,1996 centre. Aug 18, 2019 the republic of south africa constitution act, 1983 was the constitution of south africa from 1984 to 1994. Eighteen years of the worlds best constitution brand south. 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. It replaced and repealed the previous republic of south africa constitution act, 1961. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic. For the first time in the history of south africa, all the citizens of the country were afforded equal. The south african parliament in 2015 a paper commissioned by the council for the advancement of the south african constitution casac may 2015 written and researched by shameela seedat and edited by lawson naidoo this publication was funded by the open society foundation of south africa. Republic of south africa constitution act south africa. Human rights are given clear prominence in the constitution. For the first time in the history of south africa, all the citizens of the country were afforded equal rights and freedoms, which are protected by law, she said.
This constitution shall be supreme law of the republic and any law or act. Download pdf xhosa version of the constitution of the republic of south africa, 1996. 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. Land, the constitution and property rights in south africa 1. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. This equality right is the first right listed in the bill of rights. South africa constitution of the republic of south africa. South africa is a country of many cultures and many religions indeed, a country of pluralities. South africa s 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. 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 constitution of south africa constitution hill. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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.
Kaleidoscope international law and the south african. 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. South africas 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. Pdf children were in many respects defenceless victims of discriminatory practices in apartheid south africa. This transition began with the unbanning of the liberation movements and release of nelson mandela from prison in february 1990.
It is central to developing and implementing health law and policy, which it regulates in at least. Constitution of the republic of south africa, 1993. It prohibits both discrimination by the government and discrimination by private persons. Download a pdf of the constitution of south africa in a language of your choice. Other articles where republic of south africa constitution act is discussed. Eighteen years of the worlds best constitution brand. Constitution of the republic of south africa, 1996 housing. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. The constitution of south africa was formulated in. The constitution was adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly. The constitution of the republic of south africa south. Pdf south african constitutional law in context researchgate.
South africas constitution of 1996 with amendments through 2012. 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. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. Section nine of the constitution of south africa guarantees equality before the law and freedom from discrimination to the people of south africa. Land, the constitution and property rights in south africa. The constitutional court, however, found fault with a number of provisions in the draft constitution,3 on the grounds that they failed to comply with the constitu. Constitution of the republic of south africa amendment. 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. Nearly all the enumerated concerns regarding equality of race and language were directly addressed in the constitution, although the document included nothing to the effect of the. Republic of south africa constitution act, 1983 wikisource. Apartheid, premised on race discrimination and the denial of. Kaleidoscope international law and the south african constitution.
According to the bill of rights, as enshrined in the constitution, every south african citizen has the inalienable right to life, equality, human. Constitution south african government information, south africa pdf of constitution as amended to the 16th amendment doc. It enumerated a bill of rights for the people of south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
As a result of the discrimination against black people in south africa, the african national congress hereinafter the anc was established in january 1 in view of the struggle for freedom of the oppressed black south africans. 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. Constitution of south african for android apk download. 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. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. Ms macgregor said the constitution marked the dawn of a new south africa, based on democratic principles, the protection of human rights and the rule of law. The period between 1909 and 1910, the period 1910 and 1996, the period 1996 to present. The constitution of south africa is the supreme law of the republic of south africa.
Manual on executive acts, issued by the office of the president, and practice arising. In 1910 the very first constitution of south africa which gave all government power to white people was enacted. South african courts are indeed enjoined by section 35 of the. South africas constitution of 1996 with amendments. The psc must exercise or perform the additional powers or functions prescribed by an act of parliament. Constitution of the republic of south africa, 1996 xhosa.
Pdf childrens rights in the south african constitution. The republic of south africa is one, sovereign, democratic state founded on the following values. The constitution is formally entitled the constitution of the republic of south africa, 1996. Section 1 republic of south africa the republic of south africa is one sovereign democratic state founded on the following values. The constitution of south africa section 29 education 1 everyone has the right a to a basic education, including adult basic education. Sa and uk compare notes and celebrate the constitution and. Find, read and cite all the research you need on researchgate. Bill of rights chapter 2 of the constitution of the republic. On 27 april 1994, the constitution of the republic of south africa act 200of1993 the constitution was promulgated and overnight, the political and legal landscape of south africa was transformed.
It was previously also numbered as if it were an act of parliament act no. 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. The new constitution of south africa included in its text many of the demands called for in the freedom charter. The total population of about 51 770 560 million is made up of 79,2 per cent black people. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. It incorporates hard fought for political and civil rights, and a generous range of social and economic rights that can be enforced by courts. Click here to view the constitution of the republic of south africa, 1996 in all official.
The constitution of south africa the highest law in the land, the constitution of south africa serves as the foundation for democratic south africa, a country free of oppression and discrimination. Constitutional documents of south africa, acts of the parliament of south africa sister projects. Assessing the performance of the south african constitution. Constitutional history and development south africas constitutional history and development can be divided into three key phases.
Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Constitution of the republic of south africa amendment bill. Dec 11, 2014 its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. 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. It is the highest law of the land and no other law or government action can supersede it. Section nine of the constitution of south africa wikipedia. 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. Wikipedia article, wikidata item the republic of south africa constitution act, 1983 was the constitution of south africa from 1984 to 1994. South africas constitution is the first in the world to explicitly prohibit discrimination based on sexual orientation. The impact can be gauged from the words of section 41. 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. The entrance to south africas constitutional court flickr africa.
Jun 11, 2017 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. Normes consulted on 20120330 constitution online centre for human rights, university of pretoria, south africa consulted on 20091221. Constitution, charter and religions in south africa. No other law or government action can supersede the provisions of the constitution. South africa constitution of the republic of south. Build a united and democratic south africa able to take its rightful place as a sovereign state in the family of nations. Its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. Constitution, charter and religions in south africa chapter.
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