Constitution of the republic of south africa chapter 14. It enumerated a bill of rights for the people of south africa. Constitution of the republic of south africa act 200 of. The constitution of the republic of south africa south. The interim constitution was endorsed by the last apartheid parliament and became law as the constitution of the republic of south africa act 200 of 1993 on 27 april 1994. Bill be it enacted by the parliament of the republic of. To amend the constitution of the republic of south africa, 1993, so as to effect certain amendments to the boundaries of the northern province and of the province of mpumalanga. The battle over the constitution analyses rivaling positions in the south african constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, final constitution in december 1996. Assessing the performance of the south african constitution. The entrance to south africas constitutional court flickr africa deluxe tours. This site is like a library, use search box in the widget to get ebook that you want. Constitution of the republic of south africa, 1996 preamble.
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. Issue 1993 volume 343, issue 15466 of government gazette, south africa volume 343, issue 15466 of republic of south africa government gazette. Constitution of the republic of south africa, 1993chapter. Strongly committed, in full and free exercise of our right to selfdetermination, to. Constitution of the republic of south africa, 1993chapter 1. Pdf transformative constitutionalism in south africa. The republic of south africa is one, sovereign, democratic state founded on the following values. I swear that, as judge of the constitutional court, i will be faithful to the republic of south africa, will. The african ejournals project has digitized full text of.
In an attempt to make a distinct break from the previous political and. Constitution of the federal democratic republic of ethiopia preamble we, the nations, nationalities and peoples of ethiopia. South africa first 20 years of democracy 1994 2014 visit our youtube. Constitution of the republic of south africa, 1993chapter 3. Constitution of the republic of south africa, 199319960424. The president shall with dignity provide executive leadership in the interest of national unity in accordance with this constitution and the law of the republic. Repealed by constitution of the republic of south africa, no. Third draft constitution of the republic of s0uth africa 1993 draft outline 20 august 1993 preamble whereas there is a need to create a new order in which all south africans will be entitled to a common south african citizenship in a sovereign and democratic constitutional state in. The constitution of south africa is the supreme law of the republic of south africa.
Certification of the constitution of the republic of south africa 1996 1996 4 sa 744 cc first certification judgment. The constitution of the republic of south africa the constitution is the supreme law of the land. Constitution of the republic of south africa, 1993 wikisource, the. Thus after the 1994 elections south africa was governed by an interim constitution. The interim constitution came into effect on 27 april 1994 to administer south africa s first democratic elections. Sabinet the constitutionality of presumptions in south. This constitution was drafted in terms of chapter 5 of the interim constitution act 200 of 1993 and was first adopted by the constitutional assembly on 8 may 1996.
Constitution of the republic of south africa,act 200 of 1993. Constitution of the republic of south africa amendment act no. The constitution of south africa download ebook pdf, epub. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. No other law or government action can supersede the provisions of the constitution. The 1993 constitution of the republic of south africa. Section 1 republic of south africa the republic of south africa is one sovereign democratic state founded on the following values. The 1993 constitution of the republic of south africa sage journals. Constitution of the republic of south africa 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly one law for one nation act 108 of 1996 isbn 0620202149 explanatory memorandum this constitution was drafted in terms of chapter 5 of the interim constitution act 200 of 1993 and was. Act 109 of 1983 borders of particular states extension second amendment act, 1983 the whole act 110 of 1983 republic of south africa constitution act, 1983 the whole act 105 of 1984 constitution amendment act, 1984 the whole, except sections 12, and 14 act 114 of 1984 financial relations amendment act. Constitution of the republic of south africa fourth amendment act 14 of 1994 constitution of the republic of south africa fifth amendment act 29 of 1994 constitution of the republic of south africa sixth amendment act 24 of 1994. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. The constitution of south africa download ebook pdf.
Table of contents chapter 1 constituent and formal provisions chapter 2 citizenship and franchise chapter 3 fundamental rights chapter 4 parliament. Manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Constitution of the republic of south africa 200 of 1993. Pdf download for the 1993 constitution of the republic of south africa the. Constitution of the republic of south africa, 1993 chapter. Constitution of the republic of south africa,1996 centre. The south african reserve bank, established and regulated by an act of parliament, shall be the central bank of the republic. It is hereby notified that parliament in terms of section 2312 of the constitution of the republic of south africa, 1993 act no. When finally adopted, the text had to be assented to by the president and then, upon promulgation, it would become the constitution of the republic of south africa 1993 constitution, sec. Wikipedia article, wikidata item the constitution of the republic of so uth africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997. The constitution of the republic of south africa volume 38 issue 1 john hatchard skip to main content we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding.
Fundamental constitutional value and interpretive aid by sivhaga netshitomboni. 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. In terms of a judgement of the constitutional court, delivered on 6 september 1996, the text was referred back to the constitutional assembly for reconsideration. In its stead, a republic a south africa was established. 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. The first constitution for the union of south africa was adopted in 1910. The south africa interim constitution act 200 of 1993.
A list of the abbreviations used in this judgment is to be found in annexure 3. From wikisource constitution of the republic of south africa. It replaced the republican constitution that had been adopted when south africa became a republic in 1961 and was in force for ten years before it was superseded by the interim constitution on 27 april 1994, which in turn led to the current constitution of south africa, which has been in force since 1997. Constitution of the republic of south africa act 200 of 1993. Jan 29, 2018 constitution of the republic of south africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 3. South africas 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. The south african interim constitution act 200 of 1993 provides inter alia for a. 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.
The interim constitution created government of national unity under. Polity offers free access to south african legislation, policy documents and daily political news. This gave rights to the white minority but took away the right to vote of the majority of south africans. On 10 april 1993 chris hani, a senior antiapartheid hero who held.
In this article we consider the legal position of presumptions, be they of fact or of law, in the light of the south african constitution act 108 of 1996. Constitutional history of south africa constitutionnet. South africa, 1993 act 200 of 1993, mentioned in the proclamation, is repealed. Fundamental constitutional value and interpretive aid by. Constitution of the republic of south africa western cape. Where necessary and appropriate, account is taken of the provisions of the interim constitution, the constitution of the republic of south africa act 200 of 1993. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of inter african solidarity, world peace, international cooperation and understanding. And whereas the constitution, unlike other acts of the republic of south africa, was not passed by parliament, but was adopted by the constitutional assembly. Constitution of the republic of south africa western cape government. Constitution of the republic of south africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 6. Chapter ii protection of fundamental rights and freedoms of the individual ss 319 ch0000s3 3. Constitution of south africa, 1993 kzn public works.
The south african interim constitution act 200 of 1993 provides inter alia for a supposedly independent constitutional court which is mandated to act as the guardian of the postapartheid constitutional dispensation. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. South africas constitution of 1996 with amendments through 2012. Constitutional documents of south africa, acts of the parliament of south africa. On 31 may 1961 south africa was declared a republic and the government adopted the second constitution. A history of the south african constitution 19101996 south. Public seal the public seal of the republic shall be such device as may be prescribed by or under an act of parliament.
Pdf ubuntu and the law in south africa researchgate. The constitution of the republic of south africa journal of. Assessing the performance of south africas constitution. In 1983 the government passed the third constitution. In south african law presumptions are found in both civil actions and. That act will hereafter be referred to as the interim constitution or the ic and the sections thereof as, for example, ic 25. The constitution of the republic of south africa act, no.
To introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. Chapter 2 of the constitution of the republic of south africa, 1996. The interim constitution was approved in kempton park and it was duly endorsed by the last apartheid parliament and became the constitution of the republic of south africa, act 200 of 1993. South africa first 20 years of democracy 1994 2014 collections in the archives. Constitutional documents of south africa, acts of the parliament of south africa sister projects. Jan 29, 2018 constitution of the republic of south africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 1. This is the text of the constitution of the republic of south africa, 1993 also known as the interim constitution, as it was on 24 april 1996. To introduce a new constitution for the republic of south africa and to provide for. This is the fundamental law of south africa, setting out the bill of rights as well as the relationship of various government structures to each other. Constitution of the republic of south africa, 1996 the text below includes all amendments, up to and including the 17th amendment to the constitution disclaimer. 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. Whereas section 2 of the constitution of the republic of south africa, 1996 act 108 of 1996, provides that the constitution is the supreme law of the republic of south africa. The1996 constitution ofthe republic of south africa. Repealed 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 south africa s transition to democracy sheila meintjes introduction the 1993 interim constitution of the republic of south africa, with a justiciable charter of fundamental rights, heralded a significant moment in south africa s transition to democracy. Constitution of the federal democratic republic of ethiopia. In responding to challenges raised to the text of the constitution the court reasoned as follows. Chapter 1 constituent and formal provisions republic of south africa 1. Constitution of the republic of so uth africa, 1993chapter 6.
On 31 may 1961 south africa was declared a republic. To amend the constitution of the republic of south africa, 1996, so as to enable a member of the national assembly or a provincial legislature. Constitution of the republic of south africa act 200 of 1993 south. The constitution of the republic of south africa, schedule 3 oaths of office and solemn affirmations, act no. Chapter nine institutions refer to a group of organisations established in terms of chapter 9 of the south african constitution to guard democracy. Financial and fiscal commission 1993 constitutional provisions repeal act, no. Constitution of the republic of south africa, 1993chapter 5. Act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. The 1961 constitution wittingly created the three spheres of government. In 1960 the white government held a referendum to decide whether south africa would become a republic.