Omar Bennett
The Constitution of the Republic of South Africa is the supreme law of the land, providing the legal foundation for the country's existence, outlining the human rights and duties of its citizens, and defining the structure of the government. The current constitution, the country's fifth, was promulgated by President Nelson Mandela on December 18, 1996, and came into effect on February 4, 1997, replacing the Interim Constitution of 1993. Since then, it has been amended eighteen times, with the latest amendment being the Seventeenth Amendment Act of 2012. The constitution aims to establish a democratic society based on social justice and human rights, improve the quality of life for all citizens, and build a united South Africa that can take its place as a sovereign state in the global community.
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What You'll Learn
The Constitution's history and amendments
The Constitution of South Africa is the supreme law of the Republic of South Africa. It was enacted in 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The current constitution is the country's fifth and was drawn up by the Parliament elected in the 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996.
The first constitution was enacted by the South Africa Act 1909 and was the longest-lasting to date. The 1996 Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996" and was approved by the Constitutional Court on 4 December 1996. It is a lengthy document that includes rights to housing, health care, food, and water.
Since 1997, the Constitution has been amended eighteen times. The first amendment was signed by the President on 28 August 1997 but came into effect retroactively on 4 February 1997 when the Constitution became effective. The second amendment came into force on 7 October 1998 and had five provisions, including extending the term of office for municipal councils from four to five years, and allowing for the designation of alternates to replace members of the Judicial Service Commission.
The third amendment came into force on 30 October 1998 and allowed for municipalities to be established across provincial boundaries with the agreement of national and provincial governments. The fourth and fifth amendments came into force on 19 March 1999 and clarified the timing of elections to provincial legislatures and the National Assembly, as well as modifying the formula for allocating delegates' seats in the National Council of Provinces.
The sixth amendment came into force on 21 November 2001 and changed the title of the presiding judge of the Constitutional Court of South Africa from "President of the Constitutional Court" to "Chief Justice of South Africa". This also resulted in consequential amendments to other parts of the Constitution that referenced the President of the Constitutional Court.
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The role and powers of the State President
The Constitution of South Africa is the supreme law of the Republic of South Africa. It outlines the human rights and duties of citizens and defines the structure of the government. The constitution was drawn up by the Parliament elected in the 1994 general election and came into effect on February 4, 1997.
The President of South Africa is the head of state and head of government of the Republic of South Africa. The president is elected by the National Assembly, the lower house of Parliament, and is usually the leader of the largest party. The Constitution limits the president's time in office to two five-year terms. The president directs the executive branch of the government and is the commander-in-chief of the South African National Defence Force.
The executive powers of the republic are vested in the president, who appoints various officials to positions listed in the Constitution, including Cabinet ministers and justices of the Supreme Court of Appeal and the Constitutional Court. The president's Cabinet implements and enforces the Constitution and laws and carries out the president's political objectives.
The president plays a role in the formation of legislation. They can sign bills into law or veto legislation (subject to an override), refer bills back to Parliament, or refer constitutional disputes to the Constitutional Court. The president is also responsible for negotiating and signing international agreements and can pardon or reprieve offenders.
The president is responsible for upholding the Constitution as the supreme law of the land and providing executive leadership in the interest of national unity. They are not permitted to hold any other public office or perform remunerative work outside their duties as president.
The president can be impeached and removed from office by a joint sitting of the National Assembly and the Senate if a majority of at least two-thirds of the members finds a serious violation of the Constitution, misconduct, or inability to perform their duties.
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The structure of the Government
The Constitution of South Africa is the supreme law of the Republic of South Africa. It was enacted to provide a legal foundation for the republic, outline the human rights and duties of its citizens, and define the structure of the government.
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 on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993, which was introduced at the end of apartheid to govern the period of transition. Since 1997, the Constitution has been amended eighteen times.
The State President would appoint a cabinet (formally the Executive Council), consisting of members of the Senate and the House of Assembly. The Westminster constitutional conventions that had applied under the Union were preserved by the 1961 constitution, so in effect, the State President was required to appoint a Prime Minister and Cabinet that commanded the support of the House of Assembly. Commonly, the Prime Minister would be the leader of the majority party. The legislative power was vested in Parliament, which consisted of the House of Assembly (the lower house) and the Senate (the upper house).
The Republic of South Africa Constitution Act, 1983, approved by a whites-only referendum, created the Tricameral Parliament, with separate houses representing Whites, Coloureds, and Indians, but without representation for Blacks. The figurehead State President and executive Prime Minister were merged into an executive State President, chosen by parliament. This characteristic remains to date and is nearly unique to South Africa.
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Human rights and citizen duties
The Constitution of the Republic of South Africa is the supreme law of the country, providing the legal foundation for its existence and setting out the human rights and duties of its citizens. It also 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. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993, which was introduced at the end of apartheid to govern the period of transition.
The Constitution of South Africa outlines the human rights and fundamental freedoms that are protected in the country. These include the right to life, freedom from slavery and forced labour, freedom of speech, freedom of movement, freedom of trade and occupation, freedom to assemble peacefully, and freedom of association. The Constitution also guarantees equality before the law and prohibits unfair discrimination on various grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, or other arbitrary grounds. It also includes economic, social, and cultural rights, such as the right to education, healthcare, food, water, social security, and housing.
In addition to these rights, the Constitution outlines the duties and responsibilities of citizens, which include respecting the rights of others, obeying the law, defending the Constitution, and promoting democratic values and the rule of law. Citizens are also expected to contribute to the well-being of their communities, care for the environment, and promote a spirit of patriotism and loyalty to the Republic.
The Constitution of South Africa has a strong focus on human rights and social justice. It aims to heal the divisions of the past and establish a society based on democratic values and respect for human rights. The Constitution guarantees the protection of human rights and outlines the responsibilities of citizens in promoting and upholding these rights. It also provides for the establishment of independent institutions to support democracy, such as the South African Human Rights Commission, which was previously known as the Human Rights Commission until it was renamed by the Constitution Second Amendment Act.
Amending the Constitution of South Africa requires a high threshold. According to Section 74, a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (at least 267 out of 400 members) vote in favour of it. If the amendment affects 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 for it. Amending Section 1 of the Constitution, which establishes South Africa as a sovereign, democratic state, requires the support of three-quarters of the members of the National Assembly.
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The legislative process
The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic of South Africa. It outlines the functions of the three branches of Government: the Legislature (Parliament, provincial legislatures, and municipal councils), the Executive Authority, and the Judicial Authority.
A Bill or draft law can be introduced in Parliament by a Minister, Deputy Minister, parliamentary committee, or an individual Member of Parliament (MP). Most Bills are initiated by the Executive, and all Bills must be approved by the Cabinet before being submitted to Parliament. Bills introduced by individual Members are called Private Members' Legislative Proposals.
Before a Bill can become a law, it goes through several stages. First, it is published in the Government Gazette for public comment and then referred to the relevant committee. It is debated in the relevant committees of Parliament and amended if necessary. If the Bill passes through both the NA and the NCOP, it goes to the President for assent.
The President has the power to assent to and sign the Bill, thereby making it an Act of Parliament. However, if the President has reservations about the Bill, it can be referred back to Parliament for reconsideration. If the Bill is then passed again, the President must either assent to it or refer it to the Constitutional Court for a decision on its constitutionality. If the Constitutional Court decides the Bill is constitutional, the President must sign it.
An Act of Parliament takes effect when it is published in the Gazette or on a date determined by the Act. In some cases, subordinate legislation, such as regulations or rules, may need to be prepared and promulgated to further regulate aspects of the Act.
The Constitution also provides a framework for the areas in which Parliament and the provincial legislatures have the right to make laws. Schedule 4 of the Constitution lists areas where Parliament and the provincial legislatures have joint law-making powers, including agriculture, health, and education. Schedule 5 lists areas where only the provincial legislatures may make laws, such as provincial roads and traffic.
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Frequently asked questions
The Constitution of the Republic of South Africa is the supreme law of the land. It outlines the human rights and duties of citizens and defines the structure of the government.
The current constitution is the country's fifth and was enacted in 1996. It replaced the Interim Constitution of 1993, which was introduced at the end of apartheid to govern the transition period. Since 1996, the Constitution has been amended 18 times, with the latest amendment occurring in 2012.
The Constitution provides for a democratic society, where the government is based on the will of the people and every citizen is equally protected by law. It establishes South Africa as a sovereign, democratic state and outlines the country's founding values. It also sets out the process for amending the Constitution, requiring a two-thirds majority vote in the National Assembly for most amendments.
