Jonah Patel
The Constitution of South Africa is an important document that outlines the country's fundamental principles, values, and laws. It plays a crucial role in shaping the country's political and legal landscape, and understanding how to reference it correctly is essential for anyone writing about South African law or politics. The constitution has undergone several iterations, with the current version being adopted in 1996, and it consists of a preamble, fourteen chapters with 244 sections, and eight schedules. This guide will outline the correct way to in-text reference the Constitution of South Africa using various referencing styles, including Harvard, APA, and others.
| Characteristics | Values |
|---|---|
| Country | South Africa |
| Legislative body | Commission for Administration, Committee of Investigation into the Finances of Local Authorities in South Africa (Brown Committee), Central Statistical Service |
| Year of publication | 1962, 1980, 1981, 1985, 1996, 2002, 2005, 2014, 2015, 2017, 2018 |
| Title | Income Tax Act 58 of 1962, Land and Agricultural Development Bank Act 15 of 2002, National Credit Act 34 of 2005, Banks Act 94 1990 (as amended) |
| URL | https://www.gov.za/sites/default/files/Act 58 of 1962s_0.pdf, https://www.gov.za/sites/www.gov.za/files/a15-02.pdf, https://www.legalrights.co.za/wp-content/uploads/2017/03/NATIONAL-CREDIT-ACT-NO.-34-OF-2005.pdf, https://www.resbank.co.za/Lists/News and Publications/Attachments/2591/Banks+Amendment+Act+2007 [1].pdf |
| Date accessed | 1 March 2015, 22 May 2014, 1 April 2018, 17 July 2017 |
| Publication number | RP 36/1982 |
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What You'll Learn
Harvard referencing style
The Harvard referencing style is a widely recognised citation method that provides clear and concise guidelines for referencing various sources, including legal documents such as the Constitution of South Africa. This style offers benefits such as clarity, accessibility, and flexibility when referencing this fundamental legal document. Here is a detailed guide on how to in-text reference the Constitution of South Africa using the Harvard style:
Country Name and Title of the Constitution: Begin the reference by including the name of the country, "South Africa," followed by the title of the constitution. The title can be presented in two ways. The first option is to italicise the title: "Constitution of the Republic of South Africa, 1996". Alternatively, you can place the title within quotation marks: "Constitution of the Republic of South Africa" (1996).
Year and Jurisdiction: After stating the title, include the year the Constitution was adopted or revised, which, in this case, is 1996. Additionally, specify the jurisdiction, which is the "Republic of South Africa."
Chapter, Section, and Article Numbers: If you are referencing a specific part of the Constitution, provide the chapter and section number. For example, "Chapter 2, Section 9" refers to Section 9 within Chapter 2 of the Constitution. You can also include the relevant article number if applicable.
In-text Citations: When directly quoting or paraphrasing a specific section of the Constitution, use parenthetical in-text citations. For example: "According to Section 26 of the Constitution of South Africa (1996), everyone has the right to 'access to adequate housing'."
Author-Date Format: Harvard style is known for its author-date format. In the case of legal documents like the Constitution, the "author" may be considered as the country or the legislative body responsible for its creation. Thus, the in-text citation would include the country's name ("South Africa") and the year ("1996"). For example: (South Africa, 1996). Additionally, a detailed reference list should be provided at the end of your document.
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APA referencing style
The official reference to the South African Constitution in APA style is:
> Constitution of the Republic of South Africa, 1996.
If you are referencing the transitional/interim Constitution, the reference should be:
> Constitution of the Republic of South Africa 200 of 1993.
When referencing the South African Constitution in-text for the first time, include the year:
> ... (Constitution of the Republic of South Africa, 1996)...
In subsequent in-text references, you can omit the year:
> ... (Constitution of the Republic of South Africa)...
Note that the APA style primarily supports US legal citations, so you may need to modify the style to suit South African legislation. For example, one source suggests treating the reference like a journal article:
> Title: Basic Conditions of Employment Act No. 75 of 1997
> Author: Republic of South Africa
> Date: 1997
> Publication: Government Gazette
> Issue: No. 17678
However, another source notes that the citation should list the title or short title, not the author, which would give:
> (Basic Conditions of Employment Act, 1997)
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Referencing the constitution for the first time
When referencing the Constitution of South Africa for the first time, the long citation is used. The long citation includes the name of the country, the title of the act, the act number, and the year.
"The Constitution of the Republic of South Africa, 1996, guarantees certain fundamental rights. Section 26 of the Constitution of South Africa (1996) states that everyone has the right to access adequate housing."
Note that the short title of the act ("Constitution of the Republic of South Africa") is used in the first in-text reference, followed by the act number and year in brackets. Subsequent references can use the short title on its own, as shown in the second sentence of the example above.
If you are using a specific style guide for your references, such as Harvard or APA style, make sure to follow the guidelines provided by that style.
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Referencing the constitution after the first time
When referencing the South African Constitution after the first time, you can use the short citation form. This is simply the short title of the constitution, which is "Constitution of the Republic of South Africa".
For example, in subsequent in-text citations, you can refer to the source as:
> "... as outlined in the Constitution of the Republic of South Africa."
Alternatively, you can also use the year of publication, "1996", in your in-text citation. For example:
> "... as stated in the Constitution (1996)."
If you are using a specific section of the Constitution in your work, you can include the section number in your in-text citation. For example:
> "The right to adequate housing is enshrined in Section 26 of the Constitution of the Republic of South Africa, 1996."
The specific format of your in-text citations may vary depending on the referencing style you are using, such as Harvard or APA style. Ensure that you are consistent in your referencing format and follow the guidelines provided by your institution or publisher.
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Referencing acts and law reports
When referencing acts and law reports in South Africa using the Harvard style, the following format is generally recommended:
> Name of 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.
- Government Publication: South Africa, Central Statistical Service, 1996. Statistical release. PO317. Pretoria: Central Statistical Service.
- White Paper: South Africa, 1980. White paper on the rationalization of the public services and related institutions. Pretoria: Government Printer.
- Annual Report: South Africa, Administration: House of Assembly, Department of Education and Culture, 1985. Annual Report. Pretoria: Government Printer.
- Act: South Africa, 1962. Income Tax Act 58 of 1962. Available at:
It's important to note that laws typically have two titles: a long official title and a short title. The short title is commonly used for in-text references. The title of the act can be followed by its number and year, which should be relevant to the act itself, rather than the year of publication.
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Frequently asked questions
The first time you reference the constitution, use the long citation: "Constitution of the Republic of South Africa, 1996". Subsequent references can use the short title, "Constitution of South Africa", followed by the number and year in brackets, e.g. (1996).
Please refer to the APA Referencing Guide for the correct format.
Reference a specific section of the constitution by stating the section number followed by the long or short title of the constitution. For example, "In terms of Section 26 of the Constitution of South Africa (1996)...".
To reference the constitution in a bibliography, use the following format: "South Africa. 1996. Constitution of the Republic of South Africa, 10 December. https://www.refworld.org/legal/legislation/natlegbod/1996/en/18862 [accessed date]".
