Eleanor Finch
The South African Constitution is divided into chapters, each containing several sections. For example, Chapter Two includes sections 7(1), 10, 12, and 33(1) and (3). Chapter Eight establishes the structure of the judicial system, while Chapter Nine creates commissions and offices to protect democracy and human rights. Chapter 13 has been criticised for not providing enough protection against fiscal imprudence. The South African Constitution has undergone several amendments, with the most recent version including the 17th Amendment.
| Characteristics | Values |
|---|---|
| Number of Chapters | 13 |
| Number of Sections | Varies by chapter, e.g., Chapter Two includes Sections 7, 10, 12, 33, 35, etc. |
| Amendments | 17 total, including the Constitution Second Amendment Act and the Constitution Third Amendment Act |
| Key Provisions | Rights and protections for individuals, including human dignity, reproductive freedom, and fair trial |
| Judicial System | Defines hierarchy of courts and establishes commissions to protect democracy and human rights |
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What You'll Learn
Rights and dignity
The South African Constitution comprises 17 chapters, and the Bill of Rights is a cornerstone of democracy in the country. The Bill of Rights is enshrined in Chapter 2, which contains sections 7 to 39.
The South African Constitution guarantees the rights and dignity of all people in the country. Section 10 of the Bill of Rights states that everyone has inherent dignity and the right to have their dignity respected and protected. This right to dignity is a fundamental value of the Constitution and has been interpreted by the Constitutional Court as informing constitutional adjudication and interpretation.
The Constitution also provides for the protection of other rights that are closely linked to the concept of dignity. These include the right to life, freedom and security, privacy, freedom of expression, and reproductive freedom. For example, section 12(2)(a) secures the legal status of abortion in South Africa, as it has been interpreted as protecting the right to abortion.
The Constitution also outlines the rights of persons who have been arrested or detained, including the right to a fair trial, legal representation, and conditions of detention that are consistent with human dignity. For instance, detainees have the right to exercise, adequate accommodation, nutrition, reading material, and medical treatment.
The Bill of Rights affirms the democratic values of human dignity, equality, and freedom. These values must be promoted and respected by the state, and they inform the interpretation of legislation and the development of common law and customary law. The Constitutional Court plays a crucial role in interpreting and enforcing these rights, ensuring that the values of human dignity are upheld in South African society.
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Judicial system structure
The South African Constitution establishes the country's judicial system, which is comprised of the Magistrates' Courts, the High Court, the Supreme Court of Appeal, and the Constitutional Court. The Constitutional Court is the highest court in all matters, with jurisdiction restricted to constitutional issues and matters connected to constitutional matters.
The Chief Justice, as declared by the Superior Courts Act, is the head of the judiciary and is responsible for the establishment and monitoring of norms and standards for the judicial functions of all courts. The Chief Justice exercises responsibility over all Superior Courts, including the Constitutional Court, Supreme Court of Appeal, the High Court, and any court of status similar to the High Court. The Superior Courts Act also transferred the judicial administrative functions to the Office of the Chief Justice.
The Supreme Court of Appeal, based in Bloemfontein, is the highest court in South Africa except for the Constitutional Court. It may decide on any matter, except certain labour and competition cases, and can only decide on appeals and issues connected with appeals. The Supreme Court of Appeal may make orders concerning the constitutional validity of an Act of Parliament, a provincial Act, or any conduct of the President, but such an order has no force unless confirmed by the Constitutional Court.
The High Court has at least one division in each province, with Circuit Courts moving around the country and sitting periodically in rural areas. The High Court deals with appeals from the Magistrates' Courts and the most serious civil and criminal cases, while the Magistrates' Courts deal with less serious cases.
In addition to these main courts, there are several special courts, including the special income tax courts, labour and labour appeal courts, and the Land Claims Court.
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Democracy and human rights
The South African Constitution, signed into law on 21 March 1996, is a collaborative document that contains significant protections of civil rights. It is underpinned by democratic values and a respect for human rights, with a Bill of Rights that is considered a cornerstone of democracy in the country.
The preamble of the Constitution recognises the injustices of South Africa's past and seeks to establish a society based on democratic values, social justice, and fundamental human rights. It also lays the foundations for a democratic and open society in which the government is based on the will of the people, and every citizen is equally protected by law.
The Bill of Rights, which became the first major section of the Constitution, outlines extensive human rights, including the right to dignity, equality, and freedom. It also guarantees the right to privacy, freedom of expression, peaceful assembly, and freedom of association. Furthermore, it ensures free, fair, and regular elections, and protects the right to choose a trade, occupation, or profession.
Chapter 8 of the Constitution establishes the structure of the judicial system, defining the hierarchy of courts and providing for the appointment of judges. Chapter 9 creates several commissions and offices to protect and support democracy and human rights, including the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities, and the Commission for Gender Equality.
The Constitution has undergone amendments, such as the Constitution Second Amendment Act, which came into force on 7 October 1998, addressing issues related to the transition to a post-apartheid system of local government and extending certain deadlines. The Constitution has been instrumental in shaping South Africa's democracy and protecting the human rights of its citizens.
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Civil service administration
The South African Constitution comprises 15 chapters and a preamble. Chapter 10 of the constitution is dedicated to the administration of the civil service and establishes the Public Service Commission to oversee it.
Chapter 10 outlines the values and principles that guide the administration of the civil service in South Africa. It emphasizes the importance of a professional, responsive, and accountable public service that serves the interests of the people. The chapter also provides guidelines for the organization and management of the civil service, including the roles and responsibilities of various stakeholders.
One of the key principles outlined in Chapter 10 is the meritocratic appointment and promotion of civil servants based on ability, qualifications, and service delivery. The chapter emphasizes the need for a diverse and representative civil service that reflects the demographics of South Africa, particularly in terms of race, gender, and disability. It also promotes the values of efficiency, effectiveness, and economic use of resources in the administration of the civil service.
The Public Service Commission, established under Chapter 10, is responsible for overseeing the implementation of these values and principles. It has a mandate to promote good governance, integrity, and transparency within the civil service. The commission is also tasked with handling grievances and disciplinary matters pertaining to civil servants, as well as advising the government on policies and legislation related to the civil service.
The South African Constitution's Chapter 10 on civil service administration reflects the country's commitment to building a competent, inclusive, and accountable public service that serves the needs of its citizens. By outlining the values, principles, and institutional framework for civil service administration, Chapter 10 provides a foundation for effective governance and public service delivery in South Africa.
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International law
The South African Constitution is regarded as an international-law-friendly constitution. It consists of a preamble, 14 chapters containing 244 sections, and eight schedules.
The South African Constitution is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, sets out the human rights and duties of its citizens, and defines the structure of the government. The Constitution obliges South African courts to consider international law when interpreting the Bill of Rights. This includes both binding and non-binding international law, such as treaties that have not been incorporated into domestic legislation.
Customary international law is law in South Africa, and South African courts are obliged to apply the rules of customary international law when identifying or interpreting international law. This includes the Vienna rules of interpretation and the rules relevant to the identification of customary international law.
Section 233 of the South African Constitution states that when interpreting any legislation, including the Implementation Act and Immunities Act, any reasonable interpretation that is consistent with international law must be preferred over any other interpretation. This provision can only be applied if 'international law' on the matter has been identified and interpreted.
The South African Treaty Section of the Office of the Chief State Law Adviser is the central record-keeping authority and custodian of all international agreements that South Africa is a party to. South Africa's first bill of rights was drafted in 1988, and the current constitution, the country's fifth, was drawn up by the Parliament elected in the 1994 general election. It was promulgated by President Nelson Mandela in 1996 and came into effect in 1997.
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Frequently asked questions
The South African Constitution is divided into chapters, not sections. There are at least 13 chapters, as evidenced by references to Chapter 13 in the document.
Some of the chapters in the South African Constitution include Chapter 2, which outlines the Bill of Rights, Chapter 8, which establishes the structure of the judicial system, and Chapter 9, which creates commissions and offices to protect democracy and human rights.
Some significant sections within the chapters include Section 35(1), which outlines the rights of individuals arrested for allegedly committing an offence, Section 33(3), which mandates the enactment of national legislation to give effect to the rights outlined in Section 33, and Section 12(2)(a), which protects reproductive freedom and secures the legal status of abortion.
The South African Constitution has been amended multiple times. The Constitution Second Amendment Act came into force on October 7, 1998, and the Constitution Third Amendment Act was enacted on October 30, 1998. As of 2025, there have been at least 17 amendments to the Constitution.
The creation of the South African Constitution was a significant part of the negotiations to end apartheid in the country. The African National Congress (ANC) and the governing National Party (NP) had differing views on the process. The ANC advocated for a democratically elected constituent assembly, while the NP proposed a negotiated consensus followed by a referendum. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA).
