Omar Bennett
The Constitution of South Africa, 1996, is the supreme law of the Republic of South Africa. It was promulgated by President Nelson Mandela on December 18, 1996, and came into effect on February 4, 1997, replacing the Interim Constitution of 1993. The Constitution provides the legal foundation for the Republic, sets out the rights and duties of its citizens, and defines the structure of the Government. It was drawn up by the Parliament elected in the 1994 general election and has been amended by 18 amendments since 1996. The Constitution is formally titled the Constitution of the Republic of South Africa, 1996 and is often referred to as the 1996 Constitution.
| Characteristics | Values |
|---|---|
| Founding provisions | Human dignity, equality, advancement of human rights and freedoms, non-racialism, non-sexism, rule of law, universal adult suffrage, national common voters roll, regular elections, multi-party system of democratic government, common South African citizenship |
| Legal foundation | Sets out the human rights and duties of citizens, defines the structure of the government |
| Amendments | Eighteen amendments since 1996 |
| Compliance | The Interim Constitution contained 34 constitutional principles with which the new constitution was required to comply |
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What You'll Learn
- The Constitution of South Africa is the supreme law of the Republic of South Africa
- The Constitution provides the legal foundation for the existence of the republic
- It sets out the human rights and duties of its citizens
- It defines the structure of the Government
- It was promulgated by President Nelson Mandela on 18 December 1996
The Constitution of South Africa is the supreme law of the Republic of South Africa
The Constitution of South Africa, 1996, is the supreme law of the Republic of South Africa. 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 of South Africa is the country's fifth and it provides the legal foundation for the existence of the republic, outlining the human rights and duties of its citizens, and defining the structure of the Government.
The Constitution was drawn up by the Parliament elected in the 1994 general election. It was the result of a massive public participation programme that solicited views and suggestions from the public. As the deadline for the adoption of a constitutional text approached, many issues were hashed out in private meetings between the parties' representatives. On 8 May 1996, a new text was adopted with the support of 86% of the members of the assembly. However, in the First Certification judgment, delivered on 6 September 1996, the Constitutional Court refused to certify this text, identifying a number of provisions that did not comply with the constitutional principles.
The Interim Constitution contained 34 constitutional principles with which the new constitution had to comply. These included multi-party democracy with regular elections and universal adult suffrage, the supremacy of the constitution over all other laws, a quasi-federal system instead of a centralised government, non-racism and non-sexism, the protection of "all universally accepted fundamental rights, freedoms and civil liberties", equality before the law, the separation of powers with an impartial judiciary, provincial and local levels of government with democratic representation, and protection of the diversity of languages and cultures.
The Constitution of South Africa, 1996, is formally entitled the "Constitution of the Republic of South Africa, 1996". It has been amended by eighteen amendments since 1997. The Constitution First Amendment Act was signed by the President on 28 August 1997 and came into effect retroactively on 4 February 1997 when the Constitution came into force.
Who Does the Constitution Protect?
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The Constitution provides the legal foundation for the existence of the republic
The Constitution of South Africa, 1996, is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, outlining the human rights and duties of citizens, and defining the structure of the government.
The Constitution was drawn up by the Parliament elected in the 1994 general election and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. It is the country's fifth constitution and has been amended eighteen times since 1996.
The Constitution proclaims its own supremacy, and any law or conduct inconsistent with it is invalid. It establishes South Africa as a sovereign, democratic state founded on values such as human dignity, equality, human rights and freedoms, non-racialism, and non-sexism.
The process of adopting the new constitutional text involved a massive public participation programme to solicit views and suggestions from the public. While many issues were ultimately hashed out in private meetings, the final text was adopted with the support of 86% of the members of the assembly.
Section 74 of the Constitution outlines the process for amending it, requiring at least two-thirds of the members of the National Assembly to vote in favour of any changes. If the amendment affects provincial powers, the Bill of Rights, or section 1 of the Constitution, which establishes the existence of South Africa as a sovereign state, even higher levels of support are required.
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It sets out the human rights and duties of its citizens
The Constitution of South Africa is the supreme law of the Republic of South Africa. 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 sets out the human rights and duties of its citizens, and defines the structure of the Government.
The Constitution is founded on the following values: human dignity, the achievement of equality, and the advancement of human rights and freedoms. It also upholds non-racialism and non-sexism, universal adult suffrage, and a multi-party system of democratic government.
Chapter Two of the Constitution, known as the Bill of Rights, was largely written by Kader Asmal and Albie Sachs. It provides for the protection of "all universally accepted fundamental rights, freedoms and civil liberties," including the right to equality before the law, and the protection of the diversity of languages and cultures.
The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public during the drafting process. As the deadline for the adoption of a constitutional text approached, many issues were hashed out in private meetings between the parties' representatives. On 8 May 1996, a new text was adopted with the support of 86% of the members of the assembly.
The Constitution of South Africa is a comprehensive document that outlines the rights and responsibilities of citizens, and serves as the legal foundation for the country's existence. It has been amended several times since its promulgation to ensure that it remains relevant and responsive to the needs of the 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 provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of the Government.
The Constitution of the Republic of South Africa, 1996, is the country's fifth constitution and 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 1996 Constitution defines the structure of the Government of South Africa. It establishes South Africa as a sovereign, democratic state and outlines the country's founding values, which include:
- Human dignity, the achievement of equality, and the advancement of human rights and freedoms.
- Non-racialism and non-sexism.
- Supremacy of the constitution and the rule of law.
- Universal adult suffrage, a national common voters' roll, regular elections, and a multi-party system of democratic government, to ensure accountability, responsiveness, and openness.
The Constitution also sets out the process for the election of the President by the National Assembly and the election of presiding officers by legislative bodies. It establishes the independence of the Public Protector and Auditor-General, as well as other independent institutions such as the Electoral Commission, the Human Rights Commission, and the Commission for Gender Equality.
The structure of the Government defined by the 1996 Constitution aims to address South Africa's past characterisation as "a deeply divided society characterised by strife, conflict, untold suffering and injustice". The new constitution sought to protect human rights, promote equality, and ensure democratic representation at the provincial and local levels of government.
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It was promulgated by President Nelson Mandela on 18 December 1996
The Constitution of South Africa is the supreme law of the Republic of South Africa. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997. The Constitution provides the legal foundation for the existence of the republic, sets out the human rights and duties of its citizens, and defines the structure of the Government.
The 1996 Constitution is the country's fifth and was drawn up by the Parliament elected in the 1994 general election. Since 1997, it has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
The process of adopting the new constitutional text was a collaborative effort. The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public. On 8 May 1996, a new text was adopted with the support of 86% of the members of the assembly. However, in the First Certification judgment delivered on 6 September 1996, the Constitutional Court refused to certify this text due to non-compliance with several constitutional principles.
The 1996 Constitution of South Africa aimed to address the country's deeply divided past characterised by strife, conflict, suffering, injustice, and gross violations of human rights. It enshrines values such as human dignity, equality, human rights, non-racialism, and non-sexism. The Constitution also emphasises the supremacy of the constitution over all other laws, multi-party democracy, universal adult suffrage, and the protection of fundamental rights and freedoms.
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Frequently asked questions
The 1992 Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum with 92% support. It defines fundamental political principles, establishes the structure, procedures, powers and duties of the government, and outlines the rights and duties of citizens.
The 1992 Constitution of Ghana outlines who is a citizen of Ghana and who is entitled to be registered as a citizen. It also addresses dual citizenship and citizenship laws by Parliament.
The 1992 Constitution of Ghana guarantees the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, and Accountability. It also protects Fundamental Human Rights and Freedoms, including the right to life, personal liberty, human dignity, freedom from slavery and forced labour, equality, and freedom from discrimination. It also establishes the rights of disabled persons, including protections against discrimination and abuse, and guarantees their access to public and private facilities.
