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. Schedule 4 constitutional principles the omalley archives. Proclamation by the president of the republic of south. 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.
Constitution of the republic of south africa, 1996 status. Act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. However certain sections remain in force as outlined in schedule 6 to the new constitution. And whereas item 23a of schedule 2 to the constitution of the republic of south africa, 1993. Constitution of the republic of south africa act 200 of 1993. To introduce a new constitution for the republic of south. Constitution south african legal research guides at georgetown. The said item 23a specifically authorises parliament to amend items 23 and 23a by an act of parliament, passed in accordance with the provisions of section. South african constitution of 1993 interim constitution. Constitution of the republic of south africa, 1993chapter 1. The republic of south africa is one, sovereign, democratic state founded on the following values. Constitution of the republic of south africa act 108 of 1996. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fi ll such vacancies.
Principle 20, schedule 4 of the constitution of the republic of south africa, act 200 of 1993. The full guide is available in pdf and as an ebook at and includes. In march 1993 full negotiations were initiated under the name of the mpnp. It was promulgated by president nelson mandela on 18 december 1996 and came into effect on 4 february 1997, repl. Under the terms of the constitution south africa left the commonwealth and became a republic legally, the union of south africa, which had existed since 1910, came to an end and was reestablished as the republic of south africa. Constitution of the republic of south africa, 1993chapter. Consitution of the republic of south africa amendment act no. To amend the constitution of the republic of south africa, 1993, so as to extend the periods of time within which certain functions must be carried out. Refworld constitution of the republic of south africa. And whereas item 23a of schedule 2 to the constitution of the republic of south africa, 1993, provides that an act of parliament may, within a reasonable period after the new constitution took effect, be passed in accordance with section 761 of the new constitution to amend that item and item 23 in order to provide for the manner in which. We offer a variety of subscriptions to our magazine, website, pdf reports and our photo library. 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 the republic of south africa third amendment act, 1996. Jan 29, 2018 the constitutional arrangements under the republic of south africa constitution act, 1983 act no. Constitution of the republic of south africa, 1993chapter 5. 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. Contitution of the republic of south africa amendment bill. The constitution of the republic of south africa, 1996 repealed and replaced most of the 1993 constitution, but a few of its provisions did however remain in force. Constitution of the republic of so uth africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter. 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 his constitution was drafted in terms of of the interim constitution. The 1993 constitution of the republic of south africa. New south african constitution and ethnic division, the core. The first constitution for the union of south africa was adopted in 1910. To introduce a new constitution for the republic of south africa and to. Constitution of the republic of south africa south african.
Constitution of the republic of south africa, 1993chapter 15. Constitution of the federal republic of nigeria 1999. 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. A practical guide to constitution building international idea. Constitution of the republic of south africa, 1993 act no. Constitution of the republic of south africa act 200 of 1993 south. Constitution of the republic of so uth africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 6. Constution of the republic of south africa second amendment. Constitution of the republic of south africa, 1996 repeal of the volkstaat council provisions act 30 of 2001 the volkstaat council afrikaans. The objection of business south africa the objector 1 business south africa is a confederation of employer and business organisations and.
The south african constitution of 1996 is a document that consists of 14 chapters. The constitution of south africa shall provide for the establishment of one sovereign state, a common south african citizenship and a democratic system of. Under the powers vested in me by section 237 3 of the constitution of the republic of south africa, 1993 act no. The house of representatives shall chuse their speaker and other offi cers. The constitution of the republic of south africa journal of. The constitution of the republic of south africa, 1993 or interim constitution was introduced at the. Constitution of the republic of south africa, 1993chapter 6. The constitution of 1961 formally the republic of south africa constitution act, 1961 was the fundamental law of south africa for two decades. This gave rights to the white minority but took away the right to vote of the majority of south africans.
Table of contents chapter 1 constituent and formal provisions chapter 2 citizenship and franchise chapter 3 fundamental rights chapter 4 parliament. On 31 may 1961 south africa was declared a republic. To introduce a new constitution for the republic of south africa and to provide for. The1996 constitution ofthe republic of south africa. Minister for justice and constitutional development. Constitution of the republic of south africa, 1993chapter 10. Proclamation by the president 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. Since sections 1811b and 184 read with item 20 of schedule 6 to the constitution of the republic of south africa, 1996, provide that the south african human rights commission, established in terms of section 115 of the constitution of the republic of south africa, 1993 act no. Difficulties in the development of an indigenous jurisprudence of equality 1998 14 sajhr 248 249. To introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. The right of the south african people as a whole to selfdetermination, as manifested in this constitution, does not preclude, within the framework of this right, recognition of the notion of the right of selfdetermination of any community sharing a common cultural and language heritage, within a territorial entity in the republic or in any. To introduce a new constitution for the republic of south africa and to provide for matters. Schedule 2 to the interim constitution of the republic of south africa, 1993 act no. In analysing the struggle for womens rights in postapartheid south africa. Volkstaatraad was an organisation of 20 people, created by the south african government, to serve as a constitutional mechanism to enable proponents of the idea of a volkstaat to constitutionally.
Given under my hand and the seal of the republic of south africa at pretoria this. To introduce a new constitution for the republic of south africa and to provide. Constitution of the republic of south africa, 1993. In 1960 the white government held a referendum to decide whether south africa would become a republic. The constitution of south africa is the supreme law of the republic of south africa. Constitution of the republic of south africa, 1993versions. Section 8, the equality provision of the interim constitution, contained a. Repealed by constitution of the republic of south africa, no. The relationship between the constitution and other laws.
Constitution of the republic of so uth africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 10. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. This concept was first introduced in the south african interim constitution1 i. The use of foreign law by south african courts is specifically sanctioned by the south african constitution. We the people of south africa declare that there is a need to create a new order in which all south africans will be entitled to enjoy and exercise their fundamental rights and freedoms. Other newly adopted documents include the new partnership for. The constitution of 1983 formally the republic of south africa constitution act, 1983 was south africa s third constitution.
The constitution of the republic of south africa, 1996, was approved by the. Dec 01, 2003 the chief justice of south africa has, under section 171 of the constitution of the republic of south africa, 1996, and section 16 of the constitutional court complementary act, 1995 act no. 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. Constitution of the republic of south africa act 108 of 1996 sahpra. The south african interim constitution act 200 of 1993 provides inter alia for a supposedly independent constitutional court which is mandated to act as. Constitution of the republic of south africa, 1993 drafted by the multiparty negotiating forum and enacted by the parliament of south africa chapter 1. Consitution of the republic of south africa amendment act. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. This is the official text as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly and signed into law on 10 december 1996. The 1993 constitution of the republic of south africa the. The republic of south africa constitution bill was introduced in january 1961.
Preamble to the constitution of the republic of south africa. The president of the republic of sao tome and principe 41. To introduce a new constitution for the republic of south africa and. The constitution of the republic of south africa journal of african. A list of the abbreviations used in this judgment is to be found in annexure 3. The constitution of the republic of south africa journal.
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