Omar Bennett
The signing of the South African Constitution in 1996 marked a significant turning point in the country's history, paving the way for a new era of democracy and equality. Following years of negotiations, the constitution was signed by President Nelson Mandela on December 10, 1996, and came into effect on February 3, 1997. This event was a critical step in South Africa's transition from apartheid to a constitutional democracy, addressing the country's history of racial oppression and segregation. The constitution, with its bill of rights, aimed to establish a society based on democratic values, social justice, and the protection of fundamental human rights for all citizens.
| Characteristics | Values |
|---|---|
| Date | 10 December 1996 |
| Person who signed | President Nelson Mandela |
| Type of document | Constitution of the Republic of South Africa, 1996 |
| Previous constitution | Interim Constitution of 1993 |
| First constitution | South Africa Act 1909 |
| Current constitution | Fifth |
| Number of amendments | 18 |
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What You'll Learn
- The constitution was signed into law by President Nelson Mandela on 10 December 1996
- The bill of rights was the first major section in the new constitution
- The constitution was amended by eighteen amendments since 1997
- The constitution establishes the structure of the judicial system
- The constitution was created to end apartheid in South Africa
The constitution was signed into law by President Nelson Mandela on 10 December 1996
The South African Constitution is the supreme law of the Republic of South Africa. It 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 country's current constitution, its fifth, was signed into law by President Nelson Mandela on 10 December 1996. It came into effect on 3 or 4 February 1997, replacing the Interim Constitution of 1993.
The signing of the constitution was a significant moment in South Africa's history, marking the end of the apartheid regime and the beginning of a new era of democracy. The process of creating the constitution was a long and challenging one, involving intense negotiations and compromises between the African National Congress (ANC) and the governing National Party (NP). The constitution was drafted by the Parliament elected in the 1994 general election, which was the country's first multiracial election.
The bill of rights became the first major section in the new constitution, following the preamble and founding provisions. This bill is considered by many to offer the most extensive human rights protections in the world. It includes categories such as "equality," "dignity," and "life," with certain rights deemed so important that they are "non-derogable," meaning they cannot be reduced.
The South African Constitution also establishes the structure of the judicial system, defining a hierarchy of courts and providing for the appointment of judges by the President. It creates various commissions and offices to protect and support democracy and human rights, including the Public Protector, the South African Human Rights Commission, and the Independent Electoral Commission.
Since its signing in 1996, the Constitution has been amended several times to address changing needs and circumstances in South Africa. These amendments reflect the dynamic nature of the country's legal system and its commitment to upholding the values of democracy, equality, and human rights.
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The bill of rights was the first major section in the new constitution
The South African Constitution, the country's fifth, was signed into law by President Nelson Mandela on 10 December 1996. It came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The constitution was a crucial part of the negotiations to end apartheid in South Africa and the creation of a constitutional democracy.
The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary, and all organs of state. It also has horizontal and vertical application, meaning it applies between citizens and private bodies, not just from the state downwards. The state must respect, protect, promote, and fulfil the rights in the Bill of Rights, which are subject to the limitations contained in Section 36.
The Constitutional Court plays a crucial role in interpreting and enforcing the Bill of Rights. Judges are instructed to promote the values of an open and democratic society based on human dignity, equality, and freedom when dealing with the Bill of Rights. The Bill of Rights cannot be amended by a simple parliamentary majority. Instead, it requires a two-thirds majority vote in the National Assembly and the support of at least six provinces in the National Council of Provinces.
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The constitution was amended by eighteen amendments since 1997
The current South African constitution, the country's fifth, was signed into law by President Nelson Mandela on 10 December 1996 and came into effect on 4 February 1997. It replaced the Interim Constitution of 1993, which came about as a result of negotiations to end apartheid in South Africa.
Since 1997, the South African Constitution has been amended by eighteen amendments. The first three amendments came into force in 1998. The Constitution Second Amendment Act extended the term of office of municipal councils from four years to five years, extended certain deadlines in the transition to the post-apartheid system of local government, allowed for the designation of alternates to replace members of the Judicial Service Commission, gave Parliament the ability to assign additional powers or functions to the Public Service Commission, and renamed the Human Rights Commission to the South African Human Rights Commission. The Third Amendment Act allowed for municipalities to be established across provincial boundaries by agreement between national and provincial governments.
The eighteen amendments to the South African Constitution since 1997 reflect the dynamic nature of the country's legal system and its commitment to upholding the rights and duties of its citizens, as well as the structure of the government.
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The constitution establishes the structure of the judicial system
The South African Constitution, the country's fifth, was signed by President Nelson Mandela on 10 December 1996 and came into effect on 4 February 1997. It replaced the Interim Constitution of 1993, which was an integral part of the negotiations to end apartheid in South Africa.
The Constitution also provides for the appointment of judges by the President, in consultation with the Judicial Service Commission. It establishes a single National Prosecuting Authority responsible for all criminal prosecutions. The Chief Justice, as the head of the judiciary, is responsible for setting norms and standards for the functioning of all courts and exercises authority over the Superior Courts. The Constitution further ensures the independence of the judiciary by prohibiting any interference with the functioning of the courts and requiring state organs to protect and support the courts' independence and efficiency.
The creation of a new constitution was a significant step in South Africa's transition to a constitutional democracy, marking the end of apartheid and the establishment of a non-racial and inclusive political system.
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The constitution was created to end apartheid in South Africa
South Africa's current constitution, the country's fifth, was signed into law by President Nelson Mandela on 10 December 1996. It came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The constitution was created to end apartheid in South Africa and provide 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 end of apartheid in South Africa was a long and tumultuous process. The system of apartheid, enforced by the Nationalist Party government between 1948 and 1994, was an extreme form of legal segregation based on race. In the early 1990s, international pressure, domestic unrest, and the realisation among the white political class that the apartheid system was unsustainable, forced the governing National Party (NP) to begin dismantling the system.
Formal negotiations to end apartheid and create a new constitution began in December 1991 at the Convention for a Democratic South Africa (CODESA). One of the major disputed issues was the process by which the new constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the NP feared that the rights of minorities would not be protected in such a process and proposed a referendum instead. Despite these differences, the parties agreed on a process for a negotiated transitional constitution that would provide for an elected constitutional assembly to draft a permanent constitution.
The CODESA negotiations broke down after the second plenary session in May 1992. However, the Tripartite Accord, which brought an end to the South African Border War in neighbouring Angola and Namibia, created an opportunity to resume negotiations. In January 1974, Harry Schwarz, a leader of the liberal-reformist wing of the United Party, and Gatsha (later Mangosuthu) Buthelezi, Chief Executive Councillor of the black homeland of KwaZulu, signed the Mahlabatini Declaration of Faith, a five-point plan for racial peace in South Africa. This declaration called for negotiations involving all peoples to draft constitutional proposals stressing opportunity for all.
The first text of the new constitution was adopted by the Constitutional Assembly in October 1996 and sent to the Constitutional Court for certification. It was rejected, and new hearings began on 18 November 1996. On 4 December, the Constitutional Court certified the amended text, and on 10 December, President Mandela signed it into law.
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Frequently asked questions
The South African Constitution was signed on 10 December 1996 by President Nelson Mandela.
The signing of the South African Constitution into law marked the end of apartheid and the beginning of a new era of democracy in the country.
The process of creating the South African Constitution involved intense negotiations and drafts. The Constitutional Assembly (CA) was responsible for drafting and approving the final constitution, which was then forwarded to the Constitutional Court for ratification. After a revised draft was submitted and certified, President Mandela signed it into law.
