Simone Lawson
The South African Constitution is based on the country's transition from an oppressive apartheid regime to a constitutional democracy committed to creating a society founded on democratic values, social justice, and fundamental human rights. The constitution-building process was integral to ending apartheid in South Africa, with the African National Congress (ANC) insisting on a democratically elected constituent assembly and the National Party (NP) advocating for consensus and a referendum. The final constitution includes provisions for the judicial system, democracy and human rights protections, and civil service administration. It has undergone several amendments since its inception, including extending municipal council terms and recognising South African Sign Language as an official language.
| Characteristics | Values |
|---|---|
| Purpose | To end apartheid and transition to a constitutional democracy |
| Basis | Democratic values, social justice, and fundamental human rights |
| Amendments | The Constitution Eighteenth Amendment Act, signed on 19 July 2023, made South African Sign Language an official language |
| The Constitution Seventeenth Amendment Act of 2012 | |
| The Constitution Third Amendment Act, 30 October 1998: allowed for municipalities to be established across provincial boundaries | |
| The Constitution Second Amendment Act, 7 October 1998: extended the term of office of municipal councils from four to five years | |
| The Constitution First Amendment Act, 1996: included the Bill of Rights | |
| Judicial System | Chapter 8 establishes the hierarchy of courts, from Magistrates' Courts to the Constitutional Court |
| Democracy and Human Rights | Chapter 9 establishes commissions and offices to protect and support democracy and human rights, including the South African Human Rights Commission, the Public Protector, and the Commission for Gender Equality |
Explore related products
What You'll Learn
The end of apartheid
The South African Constitution is based on the country's transition from an oppressive apartheid regime to a constitutional democracy. This democracy is committed to creating a society founded on democratic values, social justice, and fundamental human rights. An integral part of the negotiations to end apartheid was the creation of a new constitution.
The African National Congress (ANC) insisted that the new constitution should be drafted by a democratically elected constituent assembly. Meanwhile, the governing National Party (NP) 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). The parties agreed on a process that would involve a negotiated transitional constitution providing for an elected constitutional assembly to draw up a permanent constitution. However, the CODESA negotiations broke down after the second plenary session in May 1992.
One of the key moments in the end of apartheid was the release of Nelson Mandela from prison in 1990. Mandela, a prominent anti-apartheid activist and leader of the ANC, had been imprisoned for 27 years. His release was seen as a significant gesture of goodwill by the South African government and a step towards reconciliation and democracy.
Another important development was the unbanning of the ANC and other anti-apartheid political organisations in 1990. This marked a shift in the South African government's attitude towards the opposition and opened the way for negotiations and dialogue. The negotiations process was complex and protracted, with several key agreements and moments contributing to the eventual end of apartheid.
The South African Constitution, which came into force in 1996, was a key outcome of the negotiations to end apartheid. It enshrined the country's commitment to democracy, social justice, and human rights, and established a framework for a new, inclusive society. The Constitution has been amended several times since its inception, reflecting the evolving nature of South Africa's democracy and the ongoing efforts to address past injustices and build a more equitable society.
The Constitution's Opponents: Who Were They?
You may want to see also
Democracy and human rights
The South African Constitution is based on the country's transition from an oppressive apartheid regime to a constitutional democracy. This democracy is committed to creating a society founded on democratic values, social justice, and fundamental human rights. The African National Congress (ANC) insisted that the constitution should be formulated by a democratically elected constituent assembly, while the National Party (NP) feared that minority rights would not be protected and proposed a referendum.
The constitution establishes the structure of the judicial system, including the hierarchy of courts, from Magistrates' Courts to the Constitutional Court. It also provides for the appointment of judges by the President, advised by the Judicial Service Commission.
To protect and support democracy and human rights, the constitution establishes several commissions and offices. These include the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Commission for Gender Equality.
The constitution has undergone several amendments. The Constitution Second Amendment Act extended the term of office for municipal councils and provided for the transition to a post-apartheid system of local government. The Constitution Eighteenth Amendment Act made South African Sign Language an official language, in addition to the existing eleven. These amendments reflect the country's commitment to democracy and human rights, ensuring that the constitution remains responsive to the needs and aspirations of all South Africans.
South Africa's Constitution: Understanding the Preamble
You may want to see also
The structure of the judiciary
The South African Constitution was created as part of the negotiations to end apartheid and transition to a constitutional democracy committed to democratic values, social justice, and fundamental human rights.
The South African judiciary is structured as follows:
Magistrates' Courts
The Magistrates' Courts are the lowest level of the judicial system. They deal with a range of civil and criminal matters, and their decisions can be appealed to the High Court.
High Court
The High Court is the second level of the judicial system. It has jurisdiction over a wide range of civil and criminal matters, including appeals from the Magistrates' Courts.
Supreme Court of Appeal
The Supreme Court of Appeal is the third level of the judicial system. It hears appeals from the High Court and other lower courts. The presiding judge of the Supreme Court of Appeal is known as the "President of the Supreme Court of Appeal".
Constitutional Court
At the apex of the judicial system is the Constitutional Court, which is responsible for interpreting and enforcing the Constitution. The presiding judge of the Constitutional Court is known as the "Chief Justice of South Africa". This judge is responsible for various constitutional duties, such as calling the first session of Parliament after an election. The Constitutional Court also oversees the election of the President of the Republic.
Judicial Appointments
Judges are appointed by the President on the advice of the Judicial Service Commission. This Commission can also designate alternates to replace its members.
Supporting Democracy and Human Rights
To support democracy and human rights, the Constitution establishes several commissions and offices, including:
- Public Protector (an ombudsman)
- South African Human Rights Commission
- Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
- Commission for Gender Equality
- Auditor-General
- Independent Electoral Commission
- Independent Communications Authority
Understanding Arizona's DUI Aggravated Felony Charges
You may want to see also
Explore related products
$9.99 $9.99
The role of the Chief Justice
The South African Constitution was created as 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 that it be negotiated by consensus and put to a referendum. The South African Constitution was eventually created through a process that involved both negotiation and democratic election.
The Chief Justice of South Africa is the most senior judge and head of the judiciary, presiding over the Constitutional Court. The position was created in 2001 through the Sixth Amendment of the Constitution, which combined the roles of Chief Justice and President of the Constitutional Court. As head of the judiciary, the Chief Justice is responsible for the management and functioning of all the courts, including practical arrangements such as determining which judges write judgments. They are also responsible for establishing and monitoring norms and standards for the exercise of judicial functions and may issue written protocols or directives to guide judges.
The Chief Justice plays a crucial role in the appointment of judges. They chair the Judicial Service Commission (JSC), which recommends judicial appointments, and they must be consulted by the President when appointing judges to the Constitutional Court. The Chief Justice also chairs the interviews of candidates and leads the questioning and application of criteria for appointment. Additionally, they must concur with the Minister's appointment of acting judges.
Beyond their judicial responsibilities, the Chief Justice chairs the Judicial Conduct Committee (JCC), receiving and dealing with complaints against judges and conducting inquiries when necessary. They also have an international role, acting as a judicial diplomat by welcoming foreign judges visiting South Africa and representing the country on regional bodies. Furthermore, the Chief Justice is responsible for developing and implementing training courses for specialised presiding officers and chairs the council of the South African Judicial Education Institute, overseeing judge's professional development and training.
Abolitionists' Response to the Constitution
You may want to see also
South African Sign Language
SASL is not the only manual language used in South Africa, but it is the language promoted for use by the deaf community. The Deaf Federation of South Africa (DeafSA) was established in 1995, replacing the South African National Council for the Deaf (SANCD), and brought about a radical policy change for deaf people in the country, including the development and adoption of a single sign language and the promotion of sign language over oralism. Despite this, schools for the deaf have largely remained untransformed, with different schools still using different sign language systems. There are around 40 schools for the deaf in South Africa, most using a variety of SASL.
Sign language is mentioned in four South African laws: the Constitution, the Use of Official Languages Act, the South African Schools Act, and the Pan South African Language Board Act. The South African Schools Act permits the study of sign language in lieu of another official language at school. The Use of Official Languages Act requires all government departments and entities to have a language policy outlining how they intend to communicate with people whose language of choice is SASL.
The Necessary and Proper Clause: Understanding its True Scope
You may want to see also
Frequently asked questions
The South African Constitution was created to facilitate the country's transition from an oppressive apartheid regime to a constitutional democracy based on democratic values, social justice, and fundamental human rights.
The basic provisions of the South African Constitution include the Preamble, Founding Provisions, and the Bill of Rights.
The South African Constitution is divided into several chapters, each covering different aspects of the country's governance. For example, Chapter 8 establishes the structure of the judicial system, while Chapter 9 creates various commissions and offices to protect and support democracy and human rights.
The South African Constitution has undergone several amendments since its inception. Notable amendments include the Constitution Second Amendment Act, which extended the term of office for municipal councils and facilitated the transition to a post-apartheid system of local government, and the Constitution Eighteenth Amendment Act, which made South African Sign Language an official language.
The creation of the South African Constitution was a highly contested process during the negotiations to end apartheid. The African National Congress (ANC) insisted that the constitution be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected and proposed a consensus-driven approach. Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA).
![Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61R-n2y0Q8L._AC_UL320_.jpg)
![Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61qrQ6YZVOL._AC_UL320_.jpg)
