Jonah Patel
The Constitution of South Africa, also known as the Constitution of the Republic of South Africa, was formed in 1996. The official reference to the South African Constitution is Constitution of the Republic of South Africa, 1996. The interim Constitution, formed in 1993, is still referred to as the Constitution of the Republic of South Africa. This guide will explain how to cite the South African Constitution in academic writing and legal documents.
| Characteristics | Values |
|---|---|
| Official reference | Constitution of the Republic of South Africa, 1996 |
| Transitional/interim Constitution | Constitution of the Republic of South Africa 200 of 1993 |
| Long citation | Constitution of the Republic of South Africa, 1996 |
| Short citation | No short citation found |
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What You'll Learn
Official referencing
The official way to cite the South African Constitution is as follows:
Long citation
The first time you refer to the Constitution of the Republic of South Africa, you should use the long citation form: "Constitution of the Republic of South Africa, 1996". This is because, unlike other Acts of the Republic of South Africa, the Constitution was not passed by Parliament but was instead adopted by the Constitutional Assembly. As such, no Act number should be associated with the Constitution.
Short citation
After the first full reference to the Constitution, you may use a shortened form in subsequent citations. For example, you can refer to it as the "Constitution" or the "South African Constitution".
Referencing specific sections
When referencing specific sections of the Constitution, you should include the section number(s). For example, "s 26(1) of the Constitution of the Republic of South Africa, 1996" or "ss 26 and 27 of the Constitution of the Republic of South Africa, 1996".
Interim Constitution
If you are referring to the transitional or interim Constitution, the citation is: "Constitution of the Republic of South Africa 200 of 1993".
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Transitional/interim constitution
The Transitional or Interim Constitution of South Africa was introduced in 1993 at the end of apartheid to govern the period of transition. It introduced the framework of a liberal democracy, universal adult suffrage, and a bill of rights. It also ensured that basic freedoms would be upheld and that minority rights would be protected. The constitution was negotiated by consensus between the African National Congress (ANC) and the governing National Party (NP), who had ruled South Africa from 1948 to 1989. The ANC wanted the constitution to be drawn up by a democratically elected constituent assembly, while the NP feared that this would not adequately protect minority rights. The Interim Constitution was a compromise, providing an "historic bridge" between the past and the future while an elected Constitutional Assembly drew up a final constitution.
The process of creating the Interim Constitution began with formal negotiations in December 1991 at the Convention for a Democratic South Africa (CODESA). However, these negotiations broke down after the second plenary session in May 1992 due to disputes over the supermajority requirement for the assembly to adopt the constitution. In April 1993, the parties returned to negotiations in the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed a collection of "constitutional principles" to ensure basic freedoms and minority rights, without overly limiting the role of the elected constitutional assembly.
The Interim Constitution was drafted by twenty-six political groups in November 1993 and approved in Kempton Park. It was endorsed by the last apartheid-era Tricameral Parliament and became the Constitution of the Republic of South Africa, Act 200 of 1993. It lasted for only six months until the final Constitution of the Republic of South Africa was adopted in 1996. The Transitional Constitution included innovative rights for a national constitution, such as the right of access to information, the right to administrative justice, and the right to an environment that is not harmful to health or well-being. It also established important constitutional institutions such as the Constitutional Court, the Human Rights Commission, and the Commission on Gender Equality.
The final Constitution of the Republic of South Africa, 1996, includes all 17 of its amendments and is published in all eleven official languages. It provides for the continuation of existing laws and their administration by provincial governments, as well as the repeal of the Interim Constitution and the ten amendments made to it. It also includes transitional and incidental provisions regarding international law and the interpretation of national law in relation to international law.
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Amendments
The Constitution of South Africa is the supreme law of the Republic of South Africa. It was first enacted in 1909, and the current constitution, the country's fifth, was drawn up by the Parliament elected in the 1994 general election. It was signed into law by President Nelson Mandela on 10 December 1996 and came into effect on 4 February 1997. The constitution has been amended 18 times since 1996.
How to Cite the Constitution of South Africa
The first time you refer to the Constitution of South Africa in your writing, you should use the following long citation: "Constitution of the Republic of South Africa, 1996". The interim Constitution, which was replaced by the current constitution in 1997, is cited as the "Constitution of the Republic of South Africa, Act 200 of 1993".
The Constitution of South Africa has been amended several times since it was first enacted. Amendments are made to the constitution when at least two-thirds of the members of the National Assembly (at least 267 out of 400 members) vote in favour of the proposed changes. If the amendment concerns provincial powers, boundaries, or the Bill of Rights, at least six out of the nine provinces in the National Council of Provinces must also vote in favour. To amend Section 1 of the Constitution, which establishes South Africa as a sovereign, democratic state, three-quarters of the members of the National Assembly must vote in favour.
- The Constitution First Amendment Act (signed on 28 August 1997 but with retroactive effect to 4 February 1997 when the constitution came into force)
- The Constitution Fifth Amendment Act, 1994
- The Constitution Eighteenth Amendment Bill (proposed in 2022), which recognised South African Sign Language as an official language
- The Constitution Nineteenth Amendment Bill [B17-2023], which limited the frequency of tabling a motion of no confidence in the Cabinet or the President
- The Constitution Twentieth Amendment Bill [B20-2023], which aimed to establish a Cyber Commissioner in the Republic
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Short titles
The "short title" is a crucial aspect of citing the Constitution of South Africa, officially known as the "Constitution of the Republic of South Africa, 1996." This short title is used to refer to the constitution in a concise and standardized manner, providing a clear and consistent reference in legal documents, academic writing, and official communications.
The use of the short title "Constitution of the Republic of South Africa, 1996" is specified in the Citation of Constitutional Laws Act 5 of 2005. This act establishes the guidelines for citing the constitution and its amendments accurately. It emphasizes that the constitution should be cited without an Act number, setting it apart from other Acts of Parliament.
The short title of the Constitution of South Africa conveys essential information about the document. By including the phrase "Constitution of the Republic," it signifies that this document outlines the fundamental principles, rights, and structures of South Africa as a republic. The year "1996" indicates the year of its adoption and enactment, marking a significant milestone in South Africa's legal and democratic history.
It is important to distinguish between the current constitution and the interim or transitional constitution that preceded it. The interim constitution, officially referred to as "Constitution of the Republic of South Africa 200 of 1993," served as a provisional framework before the adoption of the final constitution in 1996. When citing the interim constitution, it is essential to use the appropriate short title to avoid confusion and ensure accuracy in referencing.
In legal and academic contexts, the short title of the Constitution of South Africa is essential for clear and consistent referencing. It provides a concise and recognized way to refer to the constitution, facilitating ease of communication and understanding among legal professionals, scholars, and anyone engaging with South Africa's legal system. Adhering to the prescribed short title ensures uniformity in citations, contributing to the overall integrity and coherence of legal and scholarly works.
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First-time citations
When citing the Constitution of South Africa for the first time, the official reference is: "Constitution of the Republic of South Africa, 1996". This is the long citation and should be used when referring to the Constitution in your introductory paragraph or first mention.
It is important to note that the Constitution of South Africa, unlike other Acts of the Republic, was not passed by Parliament but was instead adopted by the Constitutional Assembly. As such, it is treated differently and is not allocated an Act number like ordinary Acts of Parliament. However, you may occasionally see it referred to as "Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)", especially in older sources or documents that pre-date the Constitutional Laws Act of 2005.
If you are specifically referring to the transitional or interim Constitution, the citation is slightly different: "Constitution of the Republic of South Africa 200 of 1993". This distinction is important as it refers to the period before the current Constitution was adopted in 1996.
When citing specific sections of the Constitution, the general format remains the same, but you should include the relevant section number(s). For example, "Section 26(1) of the Constitution of the Republic of South Africa, 1996" or simply "Constitution of the Republic of South Africa, 1996, s 26(1)". This allows for clear identification of the source and easy reference for readers.
Remember that the first citation should always be the full reference, as per the NWU Law House Style Referencing Guide. Subsequent references can be abbreviated, as long as the abbreviation is introduced first, such as "Constitution of the Republic of 1996" or "the 1996 Constitution".
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