Omar Bennett
South Africa's Constitution is one of the most progressive in the world, with a strong emphasis on human rights and fundamental freedoms. The country's current constitution, the Constitution of the Republic of South Africa, 1996, came into effect in 1997 and has since been amended eighteen times. It was established following the end of apartheid, marking a transition to a liberal democracy with universal adult suffrage and a bill of rights. The constitution-drafting process was inclusive, with all South Africans invited to contribute, resulting in a document that aims to heal past divisions and establish a society founded on democratic values, social justice, and the protection of human rights for all citizens.
| Characteristics | Values |
|---|---|
| Progressive | High international acclaim |
| Supreme law | No other law or government action can supersede it |
| Foundation | To heal the divisions of the past and establish a society based on democratic values, social justice and human rights |
| To improve the quality of life of all citizens and free the potential of each person | |
| To lay the foundations for a democratic and open society in which the government is based on the will of the people, and in which every citizen is equally protected by law | |
| Sovereign and democratic | Human dignity, equality, human rights and freedom, universal adult suffrage, a national common voters' roll, regular elections, and a multiparty system of democratic government to ensure accountability, responsiveness and openness |
| Transitional | Introduced the framework of a liberal democracy, universal adult suffrage and a bill of rights |
| Amendments | 18 amendments since 1997 |
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What You'll Learn
The Constitution is the supreme law of the land
South Africa's Constitution, formally known as the "Constitution of the Republic of South Africa, 1996", is the supreme law of the land. It is one of the most progressive constitutions in the world, with a strong emphasis on human rights and fundamental freedoms. The Constitution took effect on February 4, 1997, after being approved by the Constitutional Court on December 4, 1996.
The Constitution is the supreme law of South Africa, meaning that no other law or government action can supersede its provisions. This principle, known as the supremacy of the Constitution, ensures that the Constitution serves as the ultimate source of authority in the country. It establishes a framework for a democratic and open society, guaranteeing equal protection under the law for all citizens.
The Bill of Rights, now enshrined in Chapter Two of the Constitution, protects the rights and freedoms of individuals. It seeks to protect "all universally accepted fundamental rights, freedoms, and civil liberties", including equality before the law and non-discrimination on the basis of race or gender. The Constitutional Court plays a crucial role in guarding these rights and determining whether the state's actions align with the constitutional provisions.
The creation of South Africa's current Constitution was an integral part of the negotiations to end apartheid in the country. The previous constitutions, including those from 1910, 1961, and 1983, had failed to uphold democratic values and ensure equal rights for all citizens, particularly barring Black South Africans from voting and exercising their political and everyday rights.
The process of drafting the current Constitution began with the Convention for a Democratic South Africa (CODESA) in December 1991. While the initial negotiations broke down, they eventually resumed in April 1993 with the Multi-Party Negotiating Process (MPNP). The final constitution was drawn up by an elected constitutional assembly, with contributions from all South Africans, leading to what is known as the "birth certificate" of the new South Africa.
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It establishes a democratic society
South Africa's Constitution is considered one of the most progressive in the world, with a strong emphasis on human rights and democratic values. The country's current constitution, the "Constitution of the Republic of South Africa, 1996," came into effect on February 4, 1997, and has since been amended eighteen times.
The constitution establishes South Africa as a democratic society, promoting values such as human dignity, equality, and freedom, and universal adult suffrage. It ensures that the country is governed based on the will of the people, with regular elections and a multiparty system of democratic government. This system provides accountability, responsiveness, and openness in the country's governance.
The constitution guarantees fundamental rights and freedoms for all citizens, including protection against discrimination and equality before the law. It establishes an impartial judiciary, ensuring that the rights of minorities are protected and that all citizens are equally protected by the law.
The Bill of Rights, now in Chapter Two of the Constitution, plays a crucial role in safeguarding these rights and freedoms. The Constitutional Court, established under the constitution, guards these fundamental rights and determines whether the state's actions align with the constitutional provisions.
South Africa's transition to democracy and the development of its constitution involved a challenging and complex process. The country's first democratic elections, held on April 27, 1994, were largely peaceful, surprising South Africa and the world. The Constitutional Assembly, elected by the people, played a pivotal role in drafting the new constitution, inviting all South Africans to contribute to this process. This inclusive approach led to what is known as the "birth certificate" of the new South Africa, a constitution that unifies the nation and establishes a democratic society.
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It protects human rights
South Africa's Constitution is one of the most progressive in the world, with human rights given clear prominence. The Constitution of the Republic of South Africa, approved in 1996 and enacted in 1997, is the supreme law of the land, with no other law or government action able to supersede it.
The Constitution's Bill of Rights, now in Chapter Two, was largely written by Kader Asmal and Albie Sachs. It seeks to protect the rights and freedoms of individuals, with the Constitutional Court guarding these rights and determining whether state actions are in accordance with constitutional provisions.
The Constitution was born out of the negotiations to end apartheid in South Africa, with the country's first democratic elections in 1994 leading to the drafting of a new constitution. The new constitutional text was tested against a set of principles, including multi-party democracy, universal adult suffrage, and the protection of "all universally accepted fundamental rights, freedoms, and civil liberties." The Constitution guarantees human dignity, equality, and the advancement of human rights and freedom, with all South Africans equally protected by law.
The Constitution has been amended eighteen times since 1997 to ensure that it remains responsive to the needs and aspirations of the country's diverse population. It is a living document that provides a framework for a democratic and open society, where the government is based on the will of the people, and fundamental human rights are protected.
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It ensures social justice
The Constitution of South Africa is the supreme law of the land. It outlines the country's founding values, which include human dignity, equality, freedom, universal adult suffrage, and the advancement of human rights. The constitution ensures social justice by providing a framework for a democratic and open society, in which all citizens are equally protected by the law.
The current constitution, entitled the "Constitution of the Republic of South Africa, 1996", came into effect on 4 February 1997. It was approved by the Constitutional Court on 4 December 1996, following a period of negotiation and transition after the end of apartheid. The constitution introduced, for the first time, the framework of a liberal democracy and a bill of rights, which is now outlined in Chapter Two.
The Bill of Rights is a key component of the constitution, guaranteeing the protection of fundamental rights, freedoms, and civil liberties for all citizens. It ensures that all citizens are treated equally before the law, regardless of race, gender, or any other factor. This is especially significant given South Africa's history of racial segregation and the denial of political and everyday rights to black South Africans under previous constitutions.
The constitution also establishes the principle of separation of powers, with an impartial judiciary, and democratic representation at the provincial and local levels of government. This ensures that no single branch of government holds excessive power and helps to protect against abuses of power.
Furthermore, the constitution promotes social justice by recognising and protecting the diversity of languages and cultures in South Africa. This aspect of the constitution reflects the country's commitment to unity in diversity, ensuring that all citizens feel included and valued, regardless of their background.
South Africa's constitution is internationally acclaimed for its progressive nature, and its role in ensuring social justice and protecting human rights is a key reason why it was established.
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It promotes equality
South Africa's Constitution is one of the most progressive in the world, with a strong focus on promoting equality. The country has had several constitutions prior to the current one, which was approved by the Constitutional Court in 1996 and took effect in 1997. The current Constitution is the supreme law of the land, and it aims to heal the divisions of the past and establish a society founded on democratic values, social justice, and fundamental human rights.
The Constitution promotes equality in several ways. Firstly, it emphasises the achievement of equality as one of the founding values of the democratic state. This includes equality before the law, regardless of race, gender, or any other factor. The Constitution guarantees universal adult suffrage, ensuring that all citizens have an equal right to vote and participate in democratic processes. It also establishes a multi-party democratic system with regular elections, ensuring that all citizens have an equal opportunity to choose their representatives and hold them accountable.
Furthermore, the Constitution includes a Bill of Rights, which protects the fundamental rights and freedoms of all citizens. This Bill of Rights seeks to protect the rights and freedoms of individuals, including their right to equality and non-discrimination. The Constitutional Court plays a crucial role in guarding these rights and ensuring that the state's actions comply with the constitutional provisions on equality.
The Constitution also promotes equality by laying the foundations for an open and inclusive society. It recognises the diversity of languages and cultures in South Africa and seeks to protect this diversity. Additionally, it promotes social justice and aims to improve the quality of life for all citizens, regardless of their background or circumstances.
The creation of the Constitution was an integral part of the negotiations to end apartheid in South Africa. The previous constitutions, including the 1983 Constitution, perpetuated racial segregation and denied black South Africans their fundamental rights and freedoms. The current Constitution, therefore, represents a significant shift towards equality and the recognition of the inherent dignity and worth of all people.
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Frequently asked questions
The Constitution is the supreme law of the land. It establishes South Africa as a democratic state founded on values such as human dignity, equality, freedom, and human rights.
The key principles include multi-party democracy, regular elections, universal adult suffrage, the protection of fundamental rights and freedoms, equality before the law, and the separation of powers.
South Africa has had several constitutions prior to the current one. The 1910 Constitution granted independence from Britain, the 1961 Constitution declared the country a republic, and the 1983 Constitution established a tri-cameral parliament. The current Constitution, approved in 1996, was introduced at the end of apartheid to govern the transition to democracy.
The Constitutional Court guards the fundamental rights outlined in the Constitution and determines whether actions by the state are in accordance with constitutional provisions. It also reviews the constitutionality of the text and ensures that it complies with the established principles.
The South African Constitution is one of the most progressive in the world, with a strong focus on human rights and social justice. It is also unique in that it was developed through a process of negotiation and public participation, aiming to heal the divisions of the past and establish an open and inclusive society.
