Omar Bennett
The Constitution of South Africa is the supreme law of the Republic of South Africa. It sets out the human rights and duties of its citizens and defines the structure of the government. The current constitution, the country's fifth, was drawn up by the Parliament elected in the 1994 general election and came into effect on 4 February 1997. This article will provide a guide on how to footnote the South African Constitution in academic writing.
| Characteristics | Values |
|---|---|
| Official reference | Constitution of the Republic of South Africa, 1996 |
| Reference to transitional/interim Constitution | Constitution of the Republic of South Africa 200 of 1993 |
| Abbreviation after first full reference | NWA (National Water Act) |
| Abbreviation in all footnotes and text after first reference | The Water Act |
| When "section" appears at the start of a sentence | Write out "Section" |
| When "section" appears later in the sentence | Abbreviate "section" to "s" and "sections" to "ss" |
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What You'll Learn
Official reference format
The official reference format for the South African Constitution is:
"Constitution of the Republic of South Africa, 1996"
This is the standard format for referencing the South African Constitution and should be used in footnotes and bibliographies. The date "1996" refers to the year the current constitution was promulgated by President Nelson Mandela.
When referencing specific sections of the Constitution, the following format can be used:
"Section 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"
Note that when starting a footnote with the word "section," it should be written out in full. If "section" appears later in the sentence, it can be abbreviated to "s" for one section or "ss" for multiple sections.
For the transitional or interim Constitution of South Africa, which was introduced at the end of apartheid in 1993, the reference format is:
"Constitution of the Republic of South Africa 200 of 1993"
In general, when referencing legislation in South Africa, it is important to note that the inclusion of "No." or any punctuation marks is not necessary. For example:
"National Water Act 36 of 1998"
Additionally, the full reference should be provided when citing legislation for the first time, either in the text or in a footnote. Subsequently, it can be abbreviated and the abbreviated form should be used consistently in all further references. For example:
"National Water Act 36 of 1998 (hereafter the NWA) or (hereafter the Water Act)"
When following the Harvard Referencing Style, the format for referencing a government publication in South Africa is as follows:
South Africa. Name of Legislative Body/Department. Year. Title. Report Number (if applicable). Place of Publication: Publisher.
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Transitional/interim constitution
The Transitional/Interim Constitution of South Africa, also known as the Constitution of the Republic of South Africa 200 of 1993, was introduced at the end of apartheid to govern the period of transition. It was intended to provide an "historic bridge" between the past and the future and facilitate the continued governance of South Africa while a final constitution was drafted. The Interim Constitution was drafted through negotiations between the National Party, which ruled South Africa from 1948 to 1989, and the African National Congress (ANC), which had been banned from 1960 to 1990. It was approved in Kempton Park and endorsed by the last apartheid Parliament, coming into force on 27 April 1994.
The Interim Constitution introduced, for the first time, the framework of a liberal democracy, universal adult suffrage, and a bill of rights. It included 34 constitutional principles that the final constitution was required to comply with. These principles covered a range of areas, including multi-party democracy with regular elections, the supremacy of the constitution over all other laws, a quasi-federal system, non-racism and non-sexism, the protection of fundamental rights and freedoms, equality before the law, and the protection of language and cultural diversity.
The process of drafting the Transitional/Interim Constitution began with formal negotiations at the Convention for a Democratic South Africa (CODESA) in December 1991. However, these negotiations broke down after the second plenary session in May 1992 due to disputes over the size of the supermajority required for the assembly to adopt the constitution. In April 1993, negotiations resumed through the Multi-Party Negotiating Process (MPNP), which proposed the development of constitutional principles to guide the final constitution and protect basic freedoms and minority rights.
The Transitional/Interim Constitution played a crucial role in South Africa's transition from apartheid to a liberal democracy. It provided a framework for governance during this period and set out key principles and rights that would be enshrined in the final constitution. The Interim Constitution was replaced by the current Constitution of South Africa, which was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997.
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Harvard referencing style
When referencing the Constitution of South Africa in Harvard style, the general format is as follows:
Basic Structure
The basic structure for referencing the Constitution of South Africa in Harvard style is as follows:
Author, Initials/Name. (Year of publication). Title/Name of Act. (Report number or relevant sections, if applicable). Place of publication: Publisher.
Author
The author of a constitution is typically the national government or legislative body of the country. In the case of the Constitution of South Africa, the author would be "South Africa" or the "South African Government."
Date
The date of publication refers to the year the Constitution was enacted or last amended. For example, if referencing the Constitution of the Republic of South Africa, the year would be 1996:
Provide the title of the specific legislation or act being referenced, such as "Constitution of the Republic of South Africa."
Report Number or Relevant Sections
Include any relevant report numbers, sections, or other identifying information. For example, if referencing a specific section of the constitution, include the section number.
Place of Publication and Publisher
The place of publication and publisher for legal documents like constitutions are often the official government printing offices or bureaus. For example, "Pretoria: Government Printer."
Example
South Africa. (1996). Constitution of the Republic of South Africa. Pretoria: Government Printer.
Additionally, when citing specific Acts or sections within the Constitution, follow these guidelines:
Referencing Acts and Sections
When referring to specific Acts within the Constitution, provide the full title of the Act, followed by the year. For example, "Higher Education Act, 1997" or "South African Schools Act, 1996."
Acts and sections within the Constitution are divided into hierarchical units: sections, subsections, paragraphs, and subparagraphs. When citing a specific part of an Act, use the following format:
- Section: s (plural: ss) – "Section 5 of the Constitution" or "s 5"
- Subsection: subsec (plural: subsecs) – "Subsection (1) of Section 5" or "s 5(1)"
- Paragraph: para (plural: paras) – "Paragraph (a) of Subsection (1) in Section 5" or "s 5(1)(a)"
- Subparagraph: subpara (plural: subparas) – "Subparagraph (i) of Paragraph (a) in Subsection (1) of Section 5" or "s 5(1)(a)(i)"
For the first citation to a specific case or section, provide the full citation. In subsequent citations, you can refer to it in a shortened format, such as by using "hereinafter." For example, "Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution)."
Remember, the reference list in the Harvard style should only contain sources directly cited in the text. Any additional sources consulted but not cited can be included in a separate bibliography.
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Abbreviations in footnotes
Abbreviations are a helpful way to streamline footnotes and improve readability. Here are some guidelines and examples for abbreviating footnotes when referencing the Constitution of South Africa:
When referencing legislation in footnotes, the North-West University (NWU) Law House Style Guide provides the following instructions:
- The first reference to a piece of legislation in a footnote should be written in full, including the title, year, and any relevant section numbers. For example: Constitution of the Republic of South Africa, 1996, s 26(1).
- After the initial full reference, you may abbreviate subsequent references. The abbreviation is typically placed in parentheses, followed by "hereafter." For instance: Constitution of the Republic of South Africa, 1996 (hereafter the Constitution).
- When a footnote begins with the word "section," spell out the word in full. However, if "section" appears later in the sentence, it can be abbreviated to "s." The same applies to the plural form; "sections" can be abbreviated as "ss."
- 1996 Const. s 26(1) (referring to section 26(1) of the Constitution of the Republic of South Africa, 1996).
- Const., preamble (referring to the preamble of the Constitution).
- 1993 Const. (referring to the transitional/interim Constitution of the Republic of South Africa 200 of 1993).
It is important to ensure that any abbreviations used are clear and consistently applied throughout your document. When in doubt, consult the specific style guide you are using for further instructions on abbreviations in footnotes.
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Full references in footnotes
When creating full references in footnotes for the Constitution of South Africa, there are specific formats to follow, depending on the style guide used by your university or organisation. Here is an example of how to footnote the Constitution of South Africa in full references, based on the NWU Law House Style Guide:
For the official reference to the South African Constitution, use the following format:
> Constitution of the Republic of South Africa, 1996
This format includes the country's name, followed by the title of the document, "Constitution," and the year it was promulgated, which was 1996.
If you are referencing the transitional or interim Constitution of South Africa from 1993, the footnote format would be:
> Constitution of the Republic of South Africa 200 of 1993
Again, this includes the country's name, "Republic of South Africa," followed by the year and a specific reference number, "200," which is unique to the 1993 interim Constitution.
It is important to be consistent in your referencing style and to follow any specific guidelines provided by your institution or publisher.
Additionally, when referencing legislation in South Africa, the general format is as follows:
> Title of Act number of year (abbreviation).
For example, the National Water Act of 1998 would be referenced as:
> National Water Act 36 of 1998 (NWA)
This format includes the title of the Act, the number of the Act ("36"), the year it was enacted ("1998"), and an abbreviation of the Act's title ("NWA") in parentheses.
Remember, the first reference to a piece of legislation should include the full details, and subsequent references can use the abbreviated form.
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Frequently asked questions
Constitution of the Republic of South Africa, 1996.
Constitution of the Republic of South Africa 200 of 1993.
Constitution of the Republic of South Africa, 1996, Chapter #, Section #.
Name of the country, state or province. The name of the legislative body, court, executive department, bureau, council, commission or committee. If supplied, the name of the relevant sections, office, etc, Year of publication. Title. (in italics). Report number (where applicable). Further particulars to be mentioned will depend on the nature of the source. Place of publication: Publisher.
Yes, the full reference must be provided when legislation is referenced for the first time. After the first full reference, it may be abbreviated in brackets, and only the abbreviated form should be used in all subsequent footnotes and in the text.
