Eleanor Finch
The Constitution of South Africa is the supreme law of the country and is considered one of the most progressive in the world. It provides a legal foundation for the country, establishes a democratic society, and outlines the human rights and duties of its citizens. The current constitution, enacted in 1996 and coming into effect in 1997, is the country's fifth and was preceded by a history of negotiations and transitions to end apartheid and create a society based on democratic values, social justice, and fundamental human rights.
| Characteristics | Values |
|---|---|
| Human rights | Clear prominence given to human rights, including equality, human dignity, and privacy |
| Legal foundation | Provides the legal foundation for the existence of the republic |
| Government structure | Defines the structure of the government |
| Democratic values | Establishes a society based on democratic values |
| Social justice | Aims to establish a society based on social justice |
| Human dignity | Founded on human dignity |
| Equality | Founded on the achievement of equality |
| Freedom | Founded on the advancement of freedom |
| Universal adult suffrage | Ensures universal adult suffrage |
| Regular elections | Ensures regular elections |
| Multi-party system | Ensures a multi-party system of democratic government |
| Accountability | Ensures government accountability |
| Responsiveness | Ensures government responsiveness |
| Openness | Ensures government openness |
| Supremacy of constitution | The constitution is the supreme law of the land |
| Progressive | One of the most progressive constitutions in the world |
| International acclaim | Enjoys high acclaim internationally |
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What You'll Learn
The constitution is the supreme law of the land
The Constitution of South Africa is the supreme law of the Republic of South Africa. No other law or government action can supersede its provisions. It is the foundation for a democratic South Africa, a country free of oppression and discrimination.
The Constitution provides the legal foundation for the existence of the republic, setting out the human rights and duties of its citizens, and defining the structure of the government. It is one of the most progressive constitutions in the world, with a strong focus on human rights and democratic values. The fundamental rights contained within it seek to protect the rights and freedoms of individuals, including the inalienable right to life, equality, human dignity, and privacy.
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. The first constitution was enacted by the South Africa Act in 1909, the longest-lasting to date. Since 1997, the Constitution has been amended by eighteen amendments.
The creation of a new constitution was an integral part of the negotiations to end apartheid in South Africa. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) proposed a negotiated consensus between the parties followed by a referendum. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). However, the CODESA 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.
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It establishes a democratic society
The Constitution of South Africa is the supreme law of the Republic of South Africa. It establishes a democratic society by providing the legal foundation for the existence of the republic, setting out the human rights and duties of its citizens, and defining the structure of the government.
The Constitution guarantees human rights and freedoms, including the right to life, equality, human dignity, and privacy. It also establishes the principles of universal adult suffrage, a national common voters' roll, regular elections, and a multi-party system of democratic government to ensure accountability, transparency, and responsiveness.
The Constitution of the Republic of South Africa, 1996, was promulgated by President Nelson Mandela and came into effect on 4 February 1997. It was the result of negotiations to end apartheid and transition to a democratic society. The Constitutional Court plays a crucial role in guarding the fundamental rights outlined in the Constitution and ensuring that the actions of the state are in accordance with its provisions.
The South African Constitution is widely acclaimed internationally for its progressive nature. It seeks to heal the divisions of the past and establish a society based on democratic values, social justice, and respect for fundamental human rights. The Constitution also aims to improve the quality of life for all citizens and foster an open society in which the government is based on the will of the people, with equal protection under the law for every citizen.
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It promotes human rights and freedoms
The Constitution of South Africa is the supreme law of the Republic and serves as the foundation for a democratic South Africa, free of oppression and discrimination. It is one of the most progressive constitutions in the world, enjoying high acclaim internationally.
Promoting Human Rights and Freedoms
The Constitution of South Africa promotes human rights and freedoms by enshrining them in the Bill of Rights (Chapter 2 of the Constitution). It is designed to protect the rights and freedoms of individuals. The Constitutional Court guards these rights and determines whether the state's actions are in accordance with the Constitution.
The Bill of Rights guarantees every South African citizen the inalienable right to life, equality, human dignity, and privacy. It also includes the right to freedom of religion, belief, and opinion, as well as freedom of expression, peaceful assembly, and freedom of association. The Constitution further promotes 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, and birth.
The Constitution's emphasis on human rights and freedoms is a direct response to the country's history of apartheid, aiming to heal the divisions of the past and establish a society based on democratic values, social justice, and respect for fundamental human rights. It seeks to improve the quality of life for all citizens and free the potential of each person.
South Africa's Constitution also provides for a multi-party democratic system with regular elections and universal adult suffrage, ensuring that all citizens have a voice in the political process and can hold their government accountable.
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It ensures equality and human dignity
The Constitution of South Africa is the supreme law of the Republic and serves as the foundation for a democratic South Africa, free of oppression and discrimination. It is one of the most progressive constitutions in the world, enjoying high acclaim internationally.
South Africa's Constitution is founded on the values of human dignity and equality. It seeks to protect the rights and freedoms of individuals, with the Constitutional Court guarding these rights and determining whether the state's actions are in accordance with the Constitution.
The Bill of Rights, enshrined in the Constitution, guarantees every South African citizen the inalienable right to life, equality, human dignity, and privacy. This means that all citizens are equal before the law, and it provides a legal framework to protect and promote human dignity.
The Constitution promotes equality by ensuring that all citizens are treated fairly and justly, regardless of their race, gender, or any other factor. It guarantees equal opportunities and prohibits discrimination in all its forms. This includes the protection of minority rights, which was a key concern during the constitution's drafting process.
The Constitution's emphasis on equality and human dignity has helped to heal the divisions of the past, particularly those stemming from apartheid. It has established a society based on democratic values, social justice, and fundamental human rights, where all citizens are equally protected by the law.
South Africa's Constitution has been instrumental in transforming the country into a democratic, non-racial, and non-sexist state, where diversity is celebrated and all citizens are guaranteed their fundamental rights and freedoms. The Constitution has provided a solid foundation for the protection and promotion of human dignity and equality, ensuring that South Africa can move forward as a united and inclusive nation.
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It defines the structure of the government
The Constitution of South Africa is the supreme law of the Republic of South Africa. It defines the structure of the government by outlining the following:
Separation of Powers
The Constitution establishes a separation of powers with an impartial judiciary, ensuring that the legislative, executive, and judicial branches of government are separate and balanced. This helps to prevent the concentration of power in any one branch and promotes a system of checks and balances.
Multi-Party Democracy
It enshrines multi-party democracy, guaranteeing the right to form and join political parties, hold free and fair elections, and participate in the political process. This ensures that South Africa's government is representative of the people's choices and will.
Levels of Government
The Constitution outlines the different levels of government, including provincial and local tiers, each with its own democratic representation. This ensures that decisions are made at the appropriate level and that local communities have a say in their governance.
Executive State President
The Constitution outlines the role of the executive State President, who is chosen by parliament rather than directly elected. This characteristic is nearly unique to South Africa and neighbouring Botswana. The State President is the head of state and government and is responsible for appointing the cabinet, who assist in governing the country.
Bill of Rights
The Bill of Rights, enshrined in the Constitution, guarantees the fundamental rights and freedoms of all South African citizens, including the right to life, equality, human dignity, privacy, freedom of expression, and more. These rights are justiciable, meaning that citizens can enforce them in courts if they believe their rights have been violated.
The Constitution of South Africa is the supreme law of the land, and no other law or government action can supersede its provisions. It provides a clear framework for the structure and functioning of the government, ensuring that it serves the people and protects their rights.
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Frequently asked questions
The Constitution of South Africa is the supreme law of the Republic of South Africa. It is the foundation for a democratic South Africa, free of oppression and discrimination. It also sets out the human rights and duties of its citizens, and defines the structure of the government.
The Constitution of South Africa is founded on the values of human dignity, equality, and the advancement of human rights and freedom. It also includes multiparty democracy with regular elections and universal adult suffrage, a quasi-federal system, non-racism and non-sexism, equality before the law, and the protection of diversity of languages and cultures.
The current Constitution of South Africa, 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. All South Africans were invited to contribute to the process, leading to what is known as the "birth certificate" of the new South Africa.
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