Malcolm Rivera
The South African Constitution is a document of over 100 pages and 243 sections. It is divided into 14 chapters, each covering a different aspect of the country's laws and principles. The creation of this constitution was an integral part of the negotiations to end apartheid in South Africa.
| Characteristics | Values |
|---|---|
| Number of Chapters | 14 |
| Chapter 1 | Founding Provisions |
| Chapter 2 | Bill of Rights |
| Chapter 5 | The Adoption of the New Constitution |
| Chapter 8 | Establishes the structure of the judicial system |
| Chapter 9 | State Institutions Supporting Constitutional Democracy |
| Chapter 13 | Deals with transitional and incidental provisions |
Explore related products
$8 $15
$15.49 $21.95
What You'll Learn
The South African Constitution has 14 chapters
Chapter 1 of the South African Constitution, also known as the Founding Provisions, sets out the most profound values and foundational provisions. This includes key values such as dignity, non-racialism, non-sexism, and constitutional supremacy. It also defines the country's symbols, including the flag and national anthem, and specifies its official languages and principles that should inform the government's language policy.
Chapter 2, also known as the Bill of Rights, is considered to have had the greatest impact on the people's daily lives. This chapter lays down the principles of cooperative government, stating that there is one central government divided into three autonomous spheres: national, provincial, and local. It also sets out the powers of Parliament, which is the body that directly represents the people and passes new and amends existing national laws.
Chapter 5 outlines the process for adopting a new constitutional text, including the roles of the National Assembly, Senate, and Constitutional Assembly. Chapter 8 establishes the structure of the judicial system, defining the hierarchy of courts and providing for the appointment of judges.
Chapter 9 focuses on state institutions supporting constitutional democracy, including the creation of various commissions and offices to protect and support democracy and human rights. Chapter 13 has been criticised for not providing sufficient protection against fiscal imprudence, and the final chapter deals with transitional and incidental provisions, including international law and its application in South Africa.
Increasing Constitution in Life is Feudal: Tips and Tricks
You may want to see also
Chapter 1: Founding Provisions
The South African Constitution consists of 13 chapters, with Chapter 1 titled "Founding Provisions". This chapter contains six sections that outline the key national principles, values, and symbols of the country.
Firstly, it defines South Africa as a "sovereign, democratic state" founded on the values of human dignity, equality, human rights and freedoms, non-racialism, non-sexism, and the rule of law. These values reflect the country's commitment to creating an inclusive and just society, honouring its diverse population, and ensuring equal rights and opportunities for all citizens.
Secondly, Chapter 1 establishes the official symbols of the Republic, including the national flag and the national anthem. The national flag, as described and sketched in Schedule 1, consists of the colours black, gold, green, white, red, and blue. The specific design and colour scheme were carefully chosen to represent South Africa's history, diversity, and unity. The national anthem, another powerful symbol of national identity, is determined by the President through a proclamation.
Thirdly, the chapter addresses the issue of official languages in the country, recognising the importance of elevating the status and usage of indigenous languages. It states that the national government and provincial governments must regulate and monitor their use of official languages, ensuring that all languages are treated equitably. This includes languages such as Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa, and isiZulu. A Pan South African Language Board is established to promote and facilitate the development and use of these languages, as well as other languages commonly used in South Africa for religious or cultural purposes.
Finally, Chapter 1 of the South African Constitution sets out the principles of government language policy, emphasising the importance of transparency, accountability, and responsiveness in governance. It outlines the country's commitment to a multi-party system of democratic government, universal adult suffrage, a national common voters roll, and regular elections. These provisions ensure that the government remains responsive to the needs and aspirations of all South African citizens.
Chapter 1 of the South African Constitution lays the foundation for the country's legal system, outlining the core values, symbols, and principles that guide the nation. It reflects the country's history, culture, and aspirations, providing a framework for the protection of human rights and the promotion of a fair and just society.
Locke's Influence on the Framers of the Constitution
You may want to see also
Chapter 2: Bill of Rights
The Constitution of South Africa, established in 1996, consists of several chapters, one of which is Chapter 2: Bill of Rights. This chapter is a human rights charter that safeguards the civil, political, and socio-economic rights of all people in South Africa. It is considered a cornerstone of democracy in the country, upholding the values of human dignity, equality, and freedom.
One of the key rights outlined in this chapter is the right to dignity, as stated in Section 10. This right establishes that everyone has inherent dignity and the right to have their dignity respected and protected. This right has been interpreted by the Constitutional Court to inform and influence the interpretation of other rights.
Another important aspect of Chapter 2 is the protection of due process in administrative and criminal proceedings. Section 33 provides for administrative due process, ensuring that individuals have the right to lawful, reasonable, and procedurally fair administrative action. Meanwhile, Section 35 outlines the rights of individuals arrested, detained, or facing criminal charges, including the right to a fair trial, the right to legal representation, and the right to be presumed innocent.
Furthermore, Chapter 2: Bill of Rights guarantees the right to fair labour practices and the right to engage in collective bargaining. It also includes provisions prohibiting unfair discrimination, ensuring that these rights are protected not just against government actions but also against the actions of private persons.
Overall, Chapter 2: Bill of Rights plays a crucial role in safeguarding the rights and freedoms of all people in South Africa, shaping the country's laws, policies, and societal values.
Constitution's Impact: Citizen Participation Enhanced or Hindered?
You may want to see also
Explore related products
Chapter 5: Adoption of the New Constitution
The South African Constitution, the country's fifth, came into effect on February 4, 1997, replacing the Interim Constitution of 1993. It consists of a preamble, 14 chapters containing 244 sections, and eight schedules.
Chapter 5 of the South African Constitution outlines the process for adopting a new constitution. It establishes that the National Assembly and the Senate, sitting jointly, form the Constitutional Assembly, which is responsible for drafting and adopting a new constitutional text. This process is subject to specific rules and procedures outlined in the chapter.
The Constitutional Assembly is tasked with appointing an independent panel of recognised constitutional experts who are not members of any political party. This panel advises the Assembly or its Chairperson on matters pertaining to their functions. The new constitutional text must be assented to by the President and, upon its promulgation, becomes the Constitution of the Republic of South Africa.
The chapter also addresses the scenario where a two-thirds majority cannot be obtained for the new constitutional text. In such cases, the text can be adopted by a simple majority and then put to a national referendum, requiring at least 60% support to pass. If the text is not approved in the referendum or if a new text is not passed within the specified timeframe, the President is required to dissolve Parliament and call for new elections.
The process of adopting a new constitution was a significant aspect of the negotiations to end apartheid in South Africa. The African National Congress (ANC) advocated for a democratically elected constituent assembly to draft the constitution, while the governing National Party (NP) proposed a consensus-driven approach followed by a referendum to protect the rights of minorities. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA), but broke down after the second plenary session in May 1992.
The US Cabinet: Who's in the Exclusive Club?
You may want to see also
Chapter 8: Judicial System
The South African Constitution consists of multiple chapters, one of which is Chapter 8, which focuses on the country's judicial system. This chapter is officially named "Courts and Administration of Justice" and outlines the structure and functioning of South Africa's judiciary.
Structure of the Judicial System
Chapter 8 of the South African Constitution establishes a clear hierarchy for the judicial system. It consists of the Magistrates' Courts, serving as the foundation of the hierarchy. Above them is the High Court, which is the primary court of first instance for more significant legal matters. The Supreme Court of Appeal sits above the High Court, hearing appeals from lower courts. At the pinnacle of the judicial system is the Constitutional Court, which deals with matters pertaining to the interpretation and protection of the Constitution.
Appointment of Judicial Officers
The chapter outlines the process for appointing judicial officers, including judges. The President, as the head of the national executive, plays a pivotal role in these appointments. The President appoints the Chief Justice and Deputy Chief Justice after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly. The President also appoints the President and Deputy President of the Supreme Court of Appeal in consultation with the Judicial Service Commission. The other judges of the Constitutional Court are selected by the President, but this process involves consultation with the Chief Justice and the leaders of parties in the National Assembly.
Judicial Service Commission
The Judicial Service Commission is a crucial body in the judicial system. It is headed by the Chief Justice and includes various other members, such as practising advocates and attorneys, a law teacher, and members designated by the National Assembly. This commission plays a pivotal role in advising the President on judicial appointments and ensuring the independence and proper functioning of the courts.
National Prosecuting Authority
Chapter 8 also establishes a single National Prosecuting Authority responsible for all criminal prosecutions in the country. This authority works within the framework of the judicial system to ensure the fair and impartial administration of justice.
The creation of the South African Constitution, including Chapter 8, was an integral part of the negotiations to end apartheid in the country. The African National Congress (ANC) and the National Party (NP) had differing views on the process, but they ultimately agreed on a transitional constitution that provided for an elected constitutional assembly to draft a permanent constitution.
Christmas Decorations: Free Speech or Sensory Assault?
You may want to see also
Frequently asked questions
There are 14 chapters in the South African Constitution.
The chapters of the South African Constitution cover a range of topics, including the Bill of Rights, the structure of the judicial system, the establishment of state institutions supporting constitutional democracy, founding provisions such as the national flag, anthem, and official languages, and general provisions on matters such as international agreements and customary international law.
The South African Constitution is the supreme law of the Republic, and it plays a significant role in shaping the country's democracy and protecting the rights of its citizens.
The South African Constitution is a document of over 100 pages with 243 sections.
