south african constitution summary

Download on your phone/Laptop the Constitution of the Republic of South Africa, 1996 - as a Law student, is a must have document - you will thank me later- can use it even when you done with your studies. Introduction; 3. They are: Another issue given prominence is that of language. This was approved by the Constitutional Court on 4 December 1996, signed into law by President Nelson Mandela on 18 December, and took effect on 4 February 1997. 2. 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. (c) Supremacy of the constitution … Among these are the listed categories “equality,” “dignity,” and “life”—including the right to life, the right to be free from torture, and the right to … One does not have to know much about the constitutional negotiation process to realise that this kind of inclusive detail is the result of minute consideration of sectional interests. No other law or government action can supersede the provisions of the Constitution. There have been four Constitutions in South Africa. Last document update: 1 year ago Rts. And although Chapter 2 also acknowledges the possible need to derogate certain rights under states of emergency, it lists a number of non-derogable rights. Any limitation of rights must be “reasonable and justifiable in an open and democratic society” and must take several factors into consideration. constituteproject.org South Africa's Constitution of 1996 with Amendments through 2012 Section 74 (2) states that Bills amending the Constitution require a two-thirds majority in the National Assembly as well as a supporting vote of six of the nine provinces represented in the National Council of Provinces – these being the two houses that comprise South Africa’s Parliament. It is the highest law of the land and no other law or government action can supersede it. 5 (1994). South Africa’s Constitution is admired all over the world, especially Chapter 2 – the Bill of Rights, which guarantees our freedom. SOUTH AFRICAN DEMOCRATIC TEACHERS UNION SADTU Constitution As Amended in October 2014 1 SOUTH AFRICAN DEMOCRATIC TEACHERS’ UNION (SADTU) BACKGROUND The South African Democratic Teachers’ Union (SADTU) was launched in Johannesburg on 6 October 1990. The Constitution of the Republic of South Africa, 1996, (‘Constitution’) contains a general prohibition against discrimination and states that “everyone is equal before the law and has the right to equal protection and benefit of the law.” It contains a lengthy list of socio-economic rights, which the drafters hoped would protect and assist those disadvantaged by Apartheid and those who are poor and vulnerable. Cass Sunstein said that the South African Constitution is "the most admirable constitution in the history of the world." The Constitution goes on to deal with the courts and administration of justice, state institutions supporting constitutional democracy, public administration, security services (defence, police and intelligence), the role of traditional leaders, and finance. The adoption of the South African Constitution on 8 May 1996 was one of the turning points in the history of the struggle for democracy in this country. An interim constitution was first drafted as the country made its transition from apartheid to democracy. South Africa’s Constitution is admired all over the world, especially Chapter 2 – the Bill of Rights, which guarantees our freedom. The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the fundamental law of South Africa for two decades. A plain language guide to the Bill of Rights. The Constitution of the Republic of South Africa 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. 2 Section 7(1) of the South African Constitution. 8 - 12 (2) 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 THE BOOKERY IN PARTNERSHIP WITH BRAND SOUTH AFRICA TO OPEN A... COVID-19 vaccine: Africa begins its vaccination journey, The preservation of water is everyone’s responsibility, SUPPORTING LEARNERS EVERY STEP OF THEIR EDUCATIONAL JOURNEY, COINING OUR CONSTITUTION: ‘SA25 – CELEBRATING SOUTH AFRICA CONSTITUTIONAL DEMOCRACY’, Walking across South Africa to raise money for Limpopo schools, SA processes 5 000 land claims in one month, Georgia State students take a closer look at SA, See the Constitutional Court’s website for the. 1 Republic of South Africa 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. (b) Non-racialism and non-sexism. 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According to the Bill of Rights, as enshrined in the Constitution, every South African citizen has the inalienable right to life, equality, human dignity and privacy. STATUTES OF T€E &PUBLIC OF SOUTH AFRICA-CONSTITUTIONAL LAW Constitution of the Republic of South Africa Act, SS. The Bill of Rights protects the freedom of all the people who live in South Africa. Among the rights stipulated are those of equality, freedom of expression and association, political and property rights, housing, health care, education, access to information, and access to courts. We're available through e-mail, live chat and Facebook. It contains a lengthy list of socio-economic rights, which the drafters hoped would protect and assist those disadvantaged by Apartheid and those who are poor and vulnerable. The African National Congress (ANC), as the dominant party, was able to push for the constitution it desired. Cass Sunstein said that the South African Constitution is "the most admirable constitution in the history of the world." F Venter. South Africa’s Constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the country’s non-democratic past. See Using Brand South Africa material. Constitution of the Republic of South Africa (Ch. Republic of South Africa 1. 174-180) 174 Establishment and status of local government (1) Local government shall be established for the residents of areas demarcated by law of a competent authority. Section 6 of the Constitution states that everyone has the right to use the language and participate in the cultural life of his or her choice – though no one may do so in a manner inconsistent with any provision of the Bill of Rights. 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. 3. The highest law of the land, it is widely regarded as the most progressive Constitution in the world, with a Bill of Rights second to none. Register to receive our latest news and updates. And all are taken extremely seriously by the citizens of the country. Summary The Bill of Rights sets out the fundamental rights of all South Africans, including the right to dignity and the right to equality. Other important characteristics are those generally considered essential to democracy, such as the specification of the manner in which representatives are elected, limitations on terms of office, and the majorities required to pass legislation. Constitution of the Republic of South Africa. The Constitution of a newly democratic South Africa was promulgated by President Nelson Mandela in 1996. The adoption of the South African Constitution on 8 May 1996 was one of the turning points in the history of the struggle for democracy in this country. See Sarkin, "The Effect of Patriarchy and Discrimination on Apartheid South Africa's Abortion Laws," 4 Buff Hum. 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. Hosi katekisa Afrika. Judgment was delivered by the full Court. PDF (CSL2701), View all for Arts, Humanities and Cultures, View all for Medicine, Health and Social Sciences, View all for Technological and Physical Sciences, CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA. Most of the opposition parties supported it too. L. Rev. 1. The Constitution of South Africa. 1. Overview. To obtain a harcopy of the Constitution, please contact one of the following officials listed on the Contacts page.. All the files are in PDF format.. 10 of 2012 Constitution Seventeenth Amendment Act of 2012 GENERAL NOTES In terms of section 4 of the Constitution Second Amendment Act of 1998, the expression "Human Rights Commission", wherever it occurs, is substituted by the expression "South African Human Rights Commission". Among other things, the final chapter requires that all constitutional obligations “be performed diligently and without delay”. 1. The Constitution provides for 11 official languages: Afrikaans, English, isiNdebele, isiXhosa, isiZulu, Sepedi, Sesotho, Setswana, siSwati, Tshivenda and Xitsonga. BET honours Princess of Africa, Yvonne Chaka Chaka, Brand South Africa’s Constitutional Awareness programme reaches the Hangberg community in Cape Town, Celebrating the South African Constitutional Court, Press release: Brand South Africa launches #InspiredByMyConstitution campaign, My Constitution, my rights. Last document update: 1 year ago compliance with the requirements of the South African Constitution. Executive Summary; 1. In the South African constitution, certain rights are considered so important that they are “non-derogable,” meaning that they cannot ever be reduced. The remaining three Founding Provisions of the Constitution reaffirm South Africa’s determination to build on a bedrock of equality, law and democracy. Supremacy of the Constitution and the rule of law. Democratic government Chapters 3 to 7 detail the country's democratic system of government, one The first Constitution for the Union of South Africa was adopted in 1910. The Founding Provisions of the Constitution set out the principles and guarantees of democracy in South Africa. Preceding that is the requirement that a Bill amending Section 1 of the Constitution, which sets out the state’s founding values as described above, requires a 75% majority in the National Assembly and agreement from six of the nine provinces in the National Council of Provinces. 13) CHAPTER 13 ... Employment in the public service shall be accessible to all South African citizens who comply with the requirements determined or prescribed by or under any law for employment in such service. The Constitutional Court in the Constitution Hill precinct, Hillbrow (Image: Brand South Africa) The Meaning of the Provisions of the 1996 Constitution . 4 Chaskalson M (ed) Constitutional law of South Africa (1999) at ch 14 (Chaskalson). English version per Chapter. In the case of South Africa, these fundamental principles are contained in a single document: the Constitution of the Republic of South Africa 1996. This summary of age discrimination law in South Africa has been prepared by ENSafrica: www.ensafrica.com. (b) Non-racialism and non-sexism. The first Europeans to arrive in South Africa were the Portuguese Seafarers who initiated the sea route to India in 1488. The National Party, Apartheid and the Anatomy of Repression in South Africa, 1948-1994; 5. -The Constitution of the Republic of South Africa 1996 was the product of a long process of popular struggle, multiparty political negotiations and democratic deliberation in which politicians, lawyers, representatives of civil society and ordinary people all played a major role. African National Congress: Statement to the Truth and Reconciliation Commission - August 1996. 1 Republic of South Africa 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. They feature in the Preamble with its stated intention of establishing “a society based on democratic values, social justice and fundamental human rights”. Everyone has the right ­ a. to a basic education, including adult basic education; and; b. to further education, which the state, through reasonable measures, must make progressively available and accessible. In 1910 Britain decided to withdraw from the government of South Africa and handed the country over to the white residents of South Africa. Our Constitution is the most important - or supreme - law of the land. In South Africa, Klare argues, this aspect of legal culture may work as a drag on constitutional interpretation, by limiting the transformative potential of the Constitution. 5 Judge Kriegler President of the Republic of South Africa v Hugo (1997) 6 BCLR 708 (CC) at para 74. Preface; 2. In South Africa, Klare argues, this aspect of legal culture may work as a drag on constitutional interpretation, by limiting the transformative potential of the Constitution. This study seeks to argue that the Constitution of South Africa establishes its own legitimacy through a colonial legacy, and not through African values as it excludes African philosophy. By subscribing you will receive continuous newsworthy information. FUR2601 - Notes - Summary FundamentalRights Exam 2018, questions and answers Chapter 9 -Career Management Guideto Bookkeeping Concepts COS1512 102 3 2018 Exam 10 June 2018, questions Related Studylists There must be few places in the world where constitutional rights feature as much in public and private discourse, and there has been no hesitation in testing the provisions and implications of the Bill of Rights in the Constitutional Court. 8 - 12 No. 108 of1996 SS. The final chapter covers general provisions, including international agreements and international law (“Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament”). 2. South African Police Service Amendment Act, No. Under the terms of the constitution South Africa left the Commonwealth and became a republic. SUMMARY ‘Organ of state’ as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined ... Devenish A Commentary on the South African Constitution (1998) Du Plessis & Corder Understanding South Africa’s Transitional Bill of Rights (1994) South Africa" and those used for religious purposes. The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. A history of the South African Constitution 1910-1996 The New Constitution was negotiated between May 1994 and October 1996 in the country's first democratically elected convention, the Constitutional Assembly. The Constitution is considered by many as one of the most advanced in the world, with a Bill of Rights second to none. 'We certify that all provisions of the amended constitutional text, the Constitution of the Republic of South Africa, 1996, passed by the Constitutional Assembly on 11 October 1996, comply with the Constitutional Principles contained in schedule 4 to the Constitution of the Republic of South Africa, 1993'. The provision that lays down South Africa’s democratic philosophy by stipulating “universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness”. (b) Non-racialism and non-sexism. The South African Constitution pays attention to detail which makes it unusually long; however the decision to write it in accessible language has resulted in a document that is easy to read. SOUTH AFRICA HISTORY In the history of South Africa, the earliest known settlers of the country were the San and Khoekhoe people, collectively known as Khoisan.They were two distinct cultural groups. Get to know your rights, and protect the rights of others. (c) Supremacy of the constitution … Summary. The Historical and International Context; 4. Hum. Such attention to detail makes South Africa’s Constitution unusually long, although the decision to write it in accessible language has resulted in a document that is easy to read. It has been called the "birth certificate" of a new South Africa. Coming late to democracy, South Africa was able to draw on the collective wisdom of the democratic countries of the world in creating its Constitution. Summary Summary The Constitution of the Republic of South Africa, 1996 pdf. Republic of South Africa 1. 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. Serious violation of the Constitution is one of the grounds on which the President may be removed from office, also on a two-thirds majority. (c) Supremacy of the constitution … 1. Chapter 1 Founding Provisions. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. This was an historic occasion, bringing together a range of racially divided teacher Chapters 3 to 7 detail the country’s democratic system of government, one characteristic of which is the stress on interaction between the national, provincial and local levels through the mechanism of co-operative governance. Then, in after the April 1994 elections, a new constitution was written in consultation with the public as well as elected public representatives. 10) CHAPTER 10 LOCAL GOVERNMENT (ss. The highest law of the land, it is widely regarded as the most progressive Constitution in the world, with a Bill of Rights second to none. They feature in the Preamble with its stated intention of establishing “a society based on democratic values, social justice and fundamental human rights”.WATCH (b) Non-racialism and non-sexism. God seën Suid-Afrika. It was constrained by the Constitutional Principles proposed but unanimously supported the adoption of the Constitution. God bless South Africa. Due to the foundational and repetitive reference in the text to values, regard must (c) Supremacy of the constitution … Human rights are given clear prominence in the Constitution. The right to education is enshrined in the Bill of Rights chapter of the South African Constitution, which states that . The Constitution of a newly democratic South Africa was promulgated by President Nelson Mandela in 1996. The … (c) Supremacy of the constitution … However, the demand for a democratic constitutional dispensation was not new, and was in fact as old as South Africa itself. (b) Non-racialism and non-sexism. 2. To be updated on Brand South Africa news and events join our media list. The Constitution is considered by many as one of the most advanced in the world, with a Bill of Rights second to none. These people were the British settlers and the Boers. Not only are the 11 official languages named and their uses and right to promotion specified, but specific attention is also paid to the Khoi, Nama and San languages and to sign language. 3 Van Reenen T Equality, Discrimination and Affirmative Action — Section 9 of the Constitution (1997) SAPR 12. 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. Constitution of the Republic of South Africa (Ch. See Ellmann, "The New South African Constitution and Ethnic Division," 26 Colum. Get to know your rights, and protect the rights of others. Summary Summary The Constitution of the Republic of South Africa, 1996 pdf. Everyone has the right ­ a. to a basic education, including adult basic education; and; b. to further education, which the state, through reasonable measures, must make progressively available and accessible. Some of the more unusually progressive rights have come under particular spotlight, such as the unqualified “Everyone has the right to life”, and the inclusion of sexual orientation as one of the grounds upon which discrimination is forbidden. Republic of South Africa 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. Having come along a route of struggle and pain, the country took the process deeply to heart – and takes great pride in the result. In addition, there is mention of “all languages commonly used by communities in South Africa” and those used for religious purposes. Would you like to use this article in your publication or on your website? WATCH: Dr Petrus de Kock, General Manager: Research at Brand South Africa, discusses the meaning of South Africa’s Constitution: In the first chapter, human rights appear in the first of the Founding Provisions of the Republic of South Africa: “Human dignity, the achievement of equality and the advancement of human rights and freedoms.” Spelt out in detail, they occupy 35 sections of Chapter 2. The Constitution is the supreme law of the land. The Bill of Rights protects the freedom of all the people who live in South Africa. Download on your phone/Laptop the Constitution of the Republic of South Africa, 1996 - as a Law student, is a must have document - you will thank me later- can use it even when you done with your studies. The right to education is enshrined in the Bill of Rights chapter of the South African Constitution, which states that . The ANC: Stages of Struggle and Policy Foundations, 1960-1994; 6. 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