Isabella Carter
The preamble to the Constitution of South Africa is an introductory statement that outlines the purpose and guiding principles of the country's constitution. It sets the tone and provides context for the constitution, which is the supreme law of the Republic of South Africa. The preamble expresses the intention to heal the divisions of the past, establish a society based on democratic values, social justice, and fundamental human rights, improve the quality of life for all citizens, and build a united and democratic South Africa that can take its place as a sovereign state among the community of nations. The current constitution, enacted in 1996, is the country's fifth and was preceded by negotiations to end apartheid and introduce a democratic system.
| Characteristics | Values |
|---|---|
| Legal foundation | The constitution is the supreme law of the Republic of South Africa |
| Human rights | The constitution sets out the human rights and duties of its citizens |
| Government structure | The constitution defines the structure of the government |
| Apartheid | An integral part of the negotiations to end apartheid in South Africa was the creation of a new constitution |
| Diversity | South Africa belongs to all who live in it, united in diversity |
| Division | Heal the divisions of the past and establish a society based on democratic values |
| Social justice | The constitution aims to establish a society based on social justice and fundamental human rights |
| Citizen quality of life | Improve the quality of life of all citizens and free the potential of each person |
| Democracy | Build a united and democratic South Africa that can take its rightful place as a sovereign state in the family of nations |
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What You'll Learn
The constitution is the supreme law of the Republic of South Africa
The Constitution of the Republic of South Africa, 1996, is the supreme law of the land. It was approved by the Constitutional Court and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The constitution provides the legal foundation for the Republic, sets out the human rights and duties of its citizens, and defines the structure of the Government.
The current constitution is the country's fifth and was drafted by the Parliament elected in the 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996. The constitution consists of a preamble, fourteen chapters containing 244 sections, and eight schedules. Each chapter deals with a particular topic, and the schedules contain ancillary information referred to in the main text.
The Preamble states that the Constitution aims to:
> Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; improve the quality of life of all citizens and free the potential of each person; lay the foundations for a democratic and open society in which government is based on the will of the people, and in which every citizen is equally protected by law; build a united and democratic South Africa that is able to take its rightful place as a sovereign state in the family of nations.
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 drafted by a democratically elected constituent assembly, while the governing National Party (NP) feared that minority rights would not be protected in such a process and proposed a negotiated consensus. Formal negotiations began in December 1991, but broke down after the second plenary session in May 1992. After the ANC's victory in the 1994 election, South Africa's first democratically elected Parliament met and began drafting a new constitution. All South Africans were invited to contribute to this process, resulting in one of the most progressive constitutions in the world.
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It was created to heal the divisions of apartheid
Apartheid was a system of racial segregation and discrimination enforced by the South African National Party government from 1948 until the early 1990s. The creation of a new constitution was an integral part of the negotiations to end apartheid and heal the divisions it caused.
The African National Congress (ANC), which came to power in South Africa's first democratic election in 1994, insisted that the new constitution should be drawn up by a democratically elected constituent assembly. The governing National Party (NP), on the other hand, feared that the rights of minorities would not be protected in such a process and proposed that the constitution be negotiated by consensus between the parties and then put to a referendum. Formal negotiations began 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.
The Interim Constitution of 1993 was introduced at the end of apartheid to govern the period of transition. It contained 34 constitutional principles with which the new constitution was required to comply, including multi-party democracy with regular elections and universal adult suffrage, the supremacy of the constitution over all other laws, non-racism and non-sexism, the protection of fundamental human rights and freedoms, equality before the law, and the protection of the diversity of languages and cultures.
The current constitution, the country's fifth, was drawn up by the Parliament elected in the 1994 general election and promulgated by President Nelson Mandela on 18 December 1996. It came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The preamble of the 1996 Constitution states that it aims to "heal the divisions of the past" and establish a society based on democratic values, social justice, and fundamental human rights. It also seeks to improve the quality of life of all citizens, build a united and democratic South Africa, and lay the foundations for a democratic and open society in which every citizen is equally protected by the law.
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It sets out human rights and duties of citizens
The Constitution of South Africa is the supreme law of the Republic of South Africa. It outlines the human rights and duties of citizens, defines the structure of the government, and provides the legal foundation for the Republic's existence.
The Constitution's preamble expresses the intention to "heal the divisions of the past and establish a society based on democratic values, social justice, and fundamental human rights". It also seeks to improve the quality of life for all citizens and unlock each individual's potential. Furthermore, it aims to establish a democratic and open society, where the government is based on the will of the people, and every citizen is equally protected by the law.
The current constitution, enacted in 1997, is the country's fifth. It was drafted by the Parliament elected in the 1994 general election, which was the first democratically elected Parliament in South Africa's history. The drafting of this constitution was an integral part of the negotiations to end apartheid in the country. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, ensuring that all South Africans could contribute to the process.
The Constitution guarantees certain fundamental rights and freedoms for all citizens of South Africa. These include equality before the law, non-racism, non-sexism, and the protection of cultural and linguistic diversity. The Bill of Rights, now in Chapter Two of the Constitution, was largely written by Kader Asmal and Albie Sachs. It provides for the protection of "all universally accepted fundamental rights, freedoms, and civil liberties".
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It defines the structure of the government
The preamble of the Constitution of South Africa is an introductory statement that sets out the principles, values, and objectives that underpin the country's constitution and the founding of the post-apartheid state. It is a foundational component of South Africa's supreme law and serves as a You may want to see also The Constitution of South Africa is the supreme law of the Republic of South Africa. It was drafted by the first democratically elected parliament, which met for the first time on 9 May 1994, after the ANC's successful victory. The Constitutional Assembly began drafting the new constitution, inviting all South Africans to contribute to the process. This led to what is known as the "birth certificate" of a new South Africa and one of the most progressive constitutions globally. The constitution-drafting process was an integral part of the negotiations to end apartheid in South Africa. The African National Congress (ANC) insisted that the constitution should be drawn up by a democratically elected constituent assembly. However, the governing National Party (NP) feared that minority rights would not be protected in such a process and proposed a consensus-driven approach, followed by a referendum. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). Despite a breakdown in the CODESA negotiations, the parties eventually agreed on a process that involved a negotiated transitional constitution, providing for an elected constitutional assembly to draft a permanent constitution. 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 constitution-drafting process was truly democratic, with input from all South Africans, and it paved the way for a united, democratic, and progressive South Africa. You may want to see also The Preamble of the Constitution of South Africa is an introductory statement that outlines the purpose and guiding values of the constitution. It sets out the intentions and principles on which the constitution is founded. The Preamble states that the Constitution aims to heal past divisions and establish a society based on democratic values, social justice, and respect for fundamental human rights. It also aims to improve the quality of life for all citizens, build a united and democratic South Africa, and enable the country to take its place as a sovereign state in the global community of nations. The Preamble is significant as it provides the underlying philosophy and objectives of South Africa's constitution, which is the supreme law of the land. It reflects the country's commitment to creating a society that values diversity, equality, and human dignity, and it serves as a reminder of the country's transition from apartheid to democracy. The Preamble guides the interpretation and application of the Constitution by providing a framework for understanding the intentions and values that underpin the specific rights, duties, and structural provisions outlined in the subsequent chapters and sections of the Constitution. It sets the tone and context for the entire document, ensuring that the laws and governance of the country remain aligned with the founding principles of the nation.Understanding the Take Care Clause of the US Constitution
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