Simone Lawson
South Africa's constitution has undergone several changes since the country's independence in 1910. The current constitution, the country's fifth, was enacted in 1996 and came into effect in 1997. It is considered one of the most progressive in the world, with a strong emphasis on human rights and democratic values. The constitution-drafting process was integral to ending apartheid in South Africa, and the final product included 34 constitutional principles, such as multi-party democracy, universal adult suffrage, and non-racism. However, despite the constitution's progressive nature, some statements about it may be incorrect.
| Characteristics | Values |
|---|---|
| Current constitution | The country's fifth constitution |
| Date enacted | 18 December 1996 |
| Date came into effect | 4 February 1997 |
| Previous constitution | Interim Constitution of 1993 |
| First constitution | South Africa Act 1909 |
| Number of amendments | 18 |
| Number of chapters | 14 |
| Number of sections | 244 |
| Number of schedules | 8 |
| Human rights | Prominently featured |
| Equality | Regardless of race or gender |
| Suffrage | Universal adult suffrage |
| Government | Multi-party democracy |
| Separation of powers | Yes |
| Judiciary | Impartial |
Explore related products
What You'll Learn
The Constitution of South Africa is not the supreme law of the land
The statement "The Constitution of South Africa is not the supreme law of the land" is incorrect. The Constitution of South Africa is, in fact, the supreme law of the Republic of South Africa. It forms the legal foundation for the republic's existence, outlines the human rights and duties of its citizens, and defines the structure of the government. The constitution was drafted by the Parliament elected in the 1994 general election, promulgated by President Nelson Mandela on December 18, 1996, and came into effect on February 4, 1997, replacing the Interim Constitution of 1993.
The history of South Africa's constitution is marked by the country's struggle for independence and the end of apartheid. The first constitution, enacted in 1909, coincided with South Africa's independence from British rule, but it retained the British Crown as a ceremonial head of state. Despite independence, certain Acts of the British Parliament continued to apply in South Africa. In 1931, the British Parliament passed the Statute of Westminster, reducing constitutional limitations on British dominions and the role of the British Crown. In response, South Africa passed the Status of Union Act of 1934, asserting that no Act of the British Parliament could apply to South Africa without the endorsement of the Union Parliament.
In 1960, white voters in South Africa voted to abolish the Union and establish a republic, severing ties with the British Empire. The Republic of South Africa Constitution Act of 1961 replaced the ceremonial role of the British Crown with a State President. However, this period was marked by the institutionalization of apartheid, a system of legal segregation enforced by the Nationalist Party government. The constitution maintained white dominance through a discriminatory electoral structure that disenfranchised non-whites.
The end of apartheid and the rise of democratic forces in South Africa led to significant reforms. The African National Congress (ANC), led by Nelson Mandela, won the first multiracial elections in 1994, marking the beginning of constitutional democracy in the country. The current constitution, approved by the Constitutional Court in 1996, reflects the values of democracy, social justice, and fundamental human rights. It aims to heal the divisions of the past, improve the quality of life for all citizens, and establish a united and democratic society.
In summary, the Constitution of South Africa is the supreme law of the land, providing a legal framework for the country's governance and protecting the rights of its citizens. Its development has been shaped by South Africa's historical journey towards independence and the fight for equality, resulting in a constitution that promotes democratic values and social justice.
Illinois Constitution Test: Grade Requirements
You may want to see also
South Africa's first constitution was not enacted in 1909
South Africa's first constitution was enacted by the South Africa Act of 1909, which granted the country independence from British rule. This act established an independent Union of South Africa, comprising the territories of Cape Colony, Orange Free State, Natal, and Transvaal. However, this independence was limited as the British Crown remained the ceremonial head of state, represented by a Governor General on the ground. As a result, specific Acts of the British Parliament continued to be applicable in South Africa.
The period from 1909 to 1910 is considered the independence period and marks the beginning of South Africa's constitutional development. During this time, the country gained limited autonomy in internal affairs, while the British Crown retained overall authority. In 1931, the British Parliament passed the Statute of Westminster, reducing constitutional limitations on all British dominions and diminishing the role and presence of the British Crown. In response, the South African Parliament enacted the Status of Union Act of 1934, asserting that no Act of the British Parliament could apply to South Africa without the endorsement of the Union Parliament.
The South Africa Act of 1909 formed the foundation for South Africa's constitutional journey. However, the country's constitutional history has evolved through several key phases. From 1910 to 1990, South Africa underwent further constitutional changes, including the introduction of new constitutions in 1961 and 1983. The 1961 Constitution replaced the Queen with a State President, marking a shift towards a republic. The 1983 Constitution created a Tricameral Parliament, representing Whites, Coloureds, and Indians, but notably excluding Blacks.
The end of apartheid in the early 1990s brought significant constitutional transformations. The Interim Constitution of 1993 governed the transition period, introducing principles such as multi-party democracy, universal adult suffrage, and non-racism. Formal negotiations for a new constitution began in 1991 at the Convention for a Democratic South Africa (CODESA). Despite setbacks, a new constitutional text was adopted in 1996, and it came into effect on 4 February 1997, marking the current constitution's beginning.
South Africa's current constitution, the country's fifth, was promulgated by President Nelson Mandela and came into effect on 4 February 1997. It outlines the human rights and duties of citizens and defines the structure of the government. The constitution has been amended several times to ensure its alignment with the country's evolving needs and values.
The Supreme Court: America's Founding Fathers' Vision
You may want to see also
The Constitution does not uphold human rights and dignity
The Constitution of South Africa is the supreme law of the Republic of South Africa. It was drawn up by the Parliament elected in the 1994 general election and came into effect on 4 February 1997. The Constitution upholds human rights and dignity, and it is worth noting that it was an integral part of the negotiations to end apartheid in South Africa.
The Bill of Rights, now in Chapter Two of the Constitution, was largely written by Kader Asmal and Albie Sachs. It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality, and freedom. The Constitution also provides for the protection of "all universally accepted fundamental rights, freedoms, and civil liberties." This includes equality before the law, equal protection, and the benefit of the law, as well as the right to challenge the lawfulness of detention and to be presumed innocent until proven guilty.
Furthermore, the Constitution guarantees the right to conditions of detention that are consistent with human dignity, including access to exercise, adequate accommodation, nutrition, reading material, and medical treatment. It also ensures that everyone has the right to choose and be represented by a legal practitioner, and to have a legal practitioner assigned by the state if necessary.
The Constitution also addresses land reform and equitable access to natural resources. It states that the state must take reasonable measures to enable citizens to gain access to land on an equitable basis. This is particularly relevant for those who have been dispossessed of property due to past racially discriminatory laws or practices.
In conclusion, the statement "The Constitution does not uphold human rights and dignity" is incorrect. The Constitution of South Africa is a comprehensive document that strongly upholds human rights and dignity, providing a legal foundation for the protection and promotion of these values in the country.
Constitutions: Enacted Law or Something Else?
You may want to see also
Explore related products
The Constitution does not promote a multi-party system
South Africa's constitution is the supreme law of the Republic of South Africa. It 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, the country's fifth, was drawn up by the Parliament elected in the 1994 general election. It was approved by the Constitutional Court and came into effect on 4 February 1997.
The Constitution of South Africa is one of the most progressive in the world and is highly acclaimed internationally. It is founded on values such as human dignity, equality, and the advancement of human rights and freedoms. It also promotes a multi-party system of democratic government to ensure accountability, responsiveness, and openness.
The statement, "The Constitution does not promote a multi-party system," is, therefore, incorrect. The Constitution explicitly promotes a multi-party system of democratic government. This is in line with the country's transition to a constitutional democracy and its commitment to universal adult suffrage, regular elections, and a government based on the will of the people.
The Constitution of South Africa has been amended several times since it came into effect, reflecting the country's evolving nature and commitment to progressive values. The process of adopting the Constitution was a significant step in healing the divisions of the past and establishing a society based on democratic values, social justice, and human rights.
Indiana's Constitution: A Historical Snapshot
You may want to see also
The Constitution was not amended by Parliament
South Africa's transition to democracy was a complex and challenging process, and the creation of the country's constitution played a pivotal role in this transformation. The statement "The Constitution was not amended by Parliament" is incorrect and requires clarification.
The process of amending South Africa's Constitution is a collaborative effort involving multiple stakeholders and entities, including Parliament, the people of South Africa, and, in some cases, provincial legislatures. This collaborative approach ensures a comprehensive and inclusive amendment process, reflecting the diverse nature of South African society.
The role of Parliament in amending the Constitution is significant. According to Section 74 of the Constitution, Parliament has the power to initiate and pass constitutional amendments. This process typically involves both the You may want to see alsoThe Constitution's Moral Foundation: Exploring its Core Principles
Frequently asked questions
