Constitution of South Africa 1996
South Africa Constitution 1996
The constitution of South Africa was ratified on 18th December, 1996. The Constitution has 243 sections over 14 chapters, and 7 schedules.
Preamble
We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to
- Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
- Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
- Improve the quality of life of all citizens and free the potential of each person; and
- Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
Chapters, Sections and Schedules
Chapter 1: 1-6 (Founding provisions)
Section 1 of the Constitution of South Africa – Republic of South Africa
Section 2 of the Constitution of South Africa – Supremacy of the Constitution
Section 3 of the Constitution of South Africa – Citizenship
Section 4 of the Constitution of South Africa – National anthem
Section 5 of the Constitution of South Africa – National flag
Section 6 of the Constitution of South Africa – Languages
Chapter 2: 7-39 (Bill of Rights)
Section 7 of the Constitution of South Africa – Rights
Section 8 of the Constitution of South Africa – Application
Section 9 of the Constitution of South Africa – Equality
Section 10 of the Constitution of South Africa – Human dignity
Section 11 of the Constitution of South Africa – Life
Section 12 of the Constitution of South Africa – Freedom and Security of the Person
Section 13 of the Constitution of South Africa – Slavery, Servitude and Forced Labour
Section 14 of the Constitution of South Africa – Privacy
Section 15 of the Constitution of South Africa – Freedom of Religion, Belief and Opinion
Section 16 of the Constitution of South Africa – Freedom of Expression
Section 17 of the Constitution of South Africa – Assembly, Demonstration, Picket and Petition
Section 18 of the Constitution of South Africa – Freedom of Association
Section 19 of the Constitution of South Africa – Political Rights
Section 20 of the Constitution of South Africa – Citizenship
Section 21 of the Constitution of South Africa – Freedom of Movement and Residence
Section 22 of the Constitution of South Africa – Freedom of Trade, Occupation and Profession
Section 23 of the Constitution of South Africa – Labour Relations
Section 24 of the Constitution of South Africa – Environment
Section 25 of the Constitution of South Africa – Property
Section 26 of the Constitution of South Africa – Housing
Section 27 of the Constitution of South Africa – Health Care, Food Water and Social Security
Section 28 of the Constitution of South Africa – Children
Section 29 of the Constitution of South Africa – Education
Section 30 of the Constitution of South Africa – Language and Culture
Section 31 of the Constitution of South Africa – Cultural, Religious and Linguistic Communities
Section 32 of the Constitution of South Africa – Access to Information
Section 33 of the Constitution of South Africa – Just Administrative Action
Section 34 of the Constitution of South Africa – Access to Courts
Section 35 of the Constitution of South Africa – Arrested, Detained and Accused Persons
Section 36 of the Constitution of South Africa – Limitation of Rights
Section 37 of the Constitution of South Africa – States of Emergency
Section 38 of the Constitution of South Africa – Enforcement of Rights
Section 39 of the Constitution of South Africa – Interpretation of Bill of Rights
Chapter 3: 40-41 (Co-operative government)
Section 40 of the Constitution of South Africa – Government of the Republic
Section 41 of the Constitution of South Africa – Principles of Co-operative Government and Intergovernmental Relations
Chapter 4: 42-82 (Parliament)
Section 42 of the Constitution of South Africa – Composition of Parliament
Section 43 of the Constitution of South Africa – Legislative authority of the Republic
Section 44 of the Constitution of South Africa – National legislative authority
Section 45 of the Constitution of South Africa – Joint rules and orders and joint committees
Section 46 of the Constitution of South Africa – Composition and Election
Section 47 of the Constitution of South Africa – Membership
Section 48 of the Constitution of South Africa – Oath or Affirmation
Section 49 of the Constitution of South Africa – Duration of National Assembly
Section 50 of the Constitution of South Africa – Dissolution of National Assembly before expiry of its term
Section 51 of the Constitution of South Africa – Sittings and Recess Periods
Section 52 of the Constitution of South Africa – Speaker and Deputy Speaker
Section 53 of the Constitution of South Africa – Decisions
Section 54 of the Constitution of South Africa – Rights of Certain Cabinet Members in National Assembly
Section 55 of the Constitution of South Africa – Powers of National Assembly
Section 56 of the Constitution of South Africa – Evidence or Information Before National Assembly
Section 57 of the Constitution of South Africa – Internal Arrangements, Proceedings and Procedures of National Assembly
Section 58 of the Constitution of South Africa – Privilege
Section 59 of the Constitution of South Africa – Public Access to and Involvement in National Assembly
Section 60 of the Constitution of South Africa – Composition of National Council
Section 61 of the Constitution of South Africa – Allocation of Delegates
Section 62 of the Constitution of South Africa – Permanent Delegates
Section 63 of the Constitution of South Africa – Sittings of National Council
Section 64 of the Constitution of South Africa – Chairperson and Deputy Chairpersons
Section 65 of the Constitution of South Africa – Decisions
Section 66 of the Constitution of South Africa – Participation by Members of National Executive
Section 67 of the Constitution of South Africa – Participation by Local Government Representatives
Section 68 of the Constitution of South Africa – Powers of National Council
Section 69 of the Constitution of South Africa – Evidence or Information Before National Council
Section 70 of the Constitution of South Africa – Internal Arrangements, Proceedings and Procedures of National Council
Section 71 of the Constitution of South Africa – Privilege
Section 72 of the Constitution of South Africa – Public Access to and Involvement in National Council
Section 73 of the Constitution of South Africa – All Bills
Section 74 of the Constitution of South Africa – Bills Amending the Constitution
Section 75 of the Constitution of South Africa – Ordinary Bills Not Affecting the Provinces
Section 76 of the Constitution of South Africa – Ordinary Bills Affecting the Provinces
Section 77 of the Constitution of South Africa – Money Bills
Section 78 of the Constitution of South Africa – Mediation Committee
Section 79 of the Constitution of South Africa – Assent to Bills
Section 80 of the Constitution of South Africa – Application by Members of National Assembly to Constitutional Court
Section 81 of the Constitution of South Africa – Publication of Acts
Section 82 of the Constitution of South Africa – Safekeeping of Acts of Parliament
Chapter 5: 83-102 (The President & National Executive)
Section 83 of the Constitution of South Africa – The President
Section 84 of the Constitution of South Africa – Powers and functions of President
Section 85 of the Constitution of South Africa – Executive authority of the Republic
Section 86 of the Constitution of South Africa – Election of President
Section 87 of the Constitution of South Africa – Assumption of office by President
Section 88 of the Constitution of South Africa – Term of office of President
Section 89 of the Constitution of South Africa – Removal of President
Section 90 of the Constitution of South Africa – Acting President
Section 91 of the Constitution of South Africa – Cabinet
Section 92 of the Constitution of South Africa – Accountability and responsibilities
Section 93 of the Constitution of South Africa – Deputy Ministers
Section 94 of the Constitution of South Africa – Continuation of Cabinet after elections
Section 95 of the Constitution of South Africa – Oath or affirmation
Section 96 of the Constitution of South Africa – Conduct of Cabinet members and Deputy Ministers
Section 97 of the Constitution of South Africa – Transfer of functions
Section 98 of the Constitution of South Africa – Temporary assignment of functions
Section 99 of the Constitution of South Africa – Assignment of functions
Section 100 of the Constitution of South Africa – National intervention in provincial administration
Section 101 of the Constitution of South Africa – Executive decisions
Section 102 of the Constitution of South Africa – Motions of no confidence
Chapter 6: 103-150 (Provinces)
Section 103 of the Constitution of South Africa – Provinces
Section 104 of the Constitution of South Africa – Legislative authority of provinces
Section 105 of the Constitution of South Africa – Composition and election of provincial legislatures
Section 106 of the Constitution of South Africa – Membership
Section 107 of the Constitution of South Africa – Oath or affirmation
Section 108 of the Constitution of South Africa – Duration of provincial legislatures
Section 109 of the Constitution of South Africa – Dissolution of provincial legislatures before expiry of term
Section 110 of the Constitution of South Africa – Sittings and recess periods
Section 111 of the Constitution of South Africa – Speakers and Deputy Speakers
Section 112 of the Constitution of South Africa – Decisions
Section 113 of the Constitution of South Africa – Permanent delegates’ rights in provincial legislatures
Section 114 of the Constitution of South Africa – Powers of provincial legislatures
Section 115 of the Constitution of South Africa – Evidence or information before provincial legislatures
Section 116 of the Constitution of South Africa – Internal arrangements, proceedings and procedures of provincial legislatures
Section 117 of the Constitution of South Africa – Privilege
Section 118 of the Constitution of South Africa – Public access to and involvement in provincial legislatures
Section 119 of the Constitution of South Africa – Introduction of Bills
Section 120 of the Constitution of South Africa – Money Bills
Section 121 of the Constitution of South Africa – Assent to Bills
Section 122 of the Constitution of South Africa – Application by members to Constitutional Court
Section 123 of the Constitution of South Africa – Publication of provincial Acts
Section 124 of the Constitution of South Africa – Safekeeping of provincial Acts
Section 125 of the Constitution of South Africa – Executive authority of provinces
Section 126 of the Constitution of South Africa – Assignment of functions
Section 127 of the Constitution of South Africa – Powers and functions of Premiers
Section 128 of the Constitution of South Africa – Election of Premiers
Section 129 of the Constitution of South Africa – Assumption of office by Premiers
Section 130 of the Constitution of South Africa – Term of office and removal of Premiers
Section 131 of the Constitution of South Africa – Acting Premiers
Section 132 of the Constitution of South Africa – Executive Councils
Section 133 of the Constitution of South Africa – Accountability and responsibilities
Section 134 of the Constitution of South Africa – Continuation of Executive Councils after elections
Section 135 of the Constitution of South Africa – Oath or affirmation
Section 136 of the Constitution of South Africa – Conduct of members of Executive Councils
Section 137 of the Constitution of South Africa – Transfer of functions
Section 138 of the Constitution of South Africa – Temporary assignment of functions
Section 139 of the Constitution of South Africa – Provincial intervention in local government
Section 140 of the Constitution of South Africa – Executive decisions
Section 141 of the Constitution of South Africa – Motions of no confidence
Section 142 of the Constitution of South Africa – Adoption of provincial constitutions
Section 143 of the Constitution of South Africa – Contents of provincial constitutions
Section 144 of the Constitution of South Africa – Certification of provincial constitution
Section 145 of the Constitution of South Africa – Signing, publication and safekeeping of provincial constitutions
Section 146 of the Constitution of South Africa – Conflicts between national and provincial legislation
Section 147 of the Constitution of South Africa – Other conflicts
Section 148 of the Constitution of South Africa – Conflicts that cannot be resolved
Section 149 of the Constitution of South Africa – Status of legislation that does not prevail
Section 150 of the Constitution of South Africa – Interpretation of conflicts
Chapter 7: 151-164 (Local Government)
Section 151 of the Constitution of South Africa – Status of Municipalities
Section 152 of the Constitution of South Africa – Objects of Local Government
Section 153 of the Constitution of South Africa – Developmental Duties of Municipalities
Section 154 of the Constitution of South Africa – Municipalities in Co-operative Government
Section 155 of the Constitution of South Africa – Establishment of Municipalities
Section 156 of the Constitution of South Africa – Powers and Functions of Municipalities
Section 157 of the Constitution of South Africa – Composition and Election of Municipal Councils
Section 158 of the Constitution of South Africa – Membership of Municipal Councils
Section 159 of the Constitution of South Africa – Terms of Municipal Councils
Section 160 of the Constitution of South Africa – Internal Procedures
Section 161 of the Constitution of South Africa – Privilege
Section 162 of the Constitution of South Africa – Publication of Municipal By-laws
Section 163 of the Constitution of South Africa – Organised Local Government
Section 164 of the Constitution of South Africa – Other Matters
Chapter 8: 165-180 (Courts & Administration of Justice)
Section 165 of the Constitution of South Africa – Judicial Authority
Section 166 of the Constitution of South Africa – Judicial System
Section 167 of the Constitution of South Africa – Constitutional Court
Section 168 of the Constitution of South Africa – Supreme Court Appeal
Section 169 of the Constitution of South Africa – High Court of South Africa
Section 170 of the Constitution of South Africa – Other Courts
Section 171 of the Constitution of South Africa – Court Procedures
Section 172 of the Constitution of South Africa – Powers of Courts in Constitutional Matters
Section 173 of the Constitution of South Africa – Inherent Power
Section 174 of the Constitution of South Africa – Appointment of Judicial Officers
Section 175 of the Constitution of South Africa – Appointment of acting judges
Section 176 of the Constitution of South Africa – Terms of Office and Remuneration
Section 177 of the Constitution of South Africa – Removal
Section 178 of the Constitution of South Africa – Judicial Service Commission
Section 179 of the Constitution of South Africa – Prosecuting Authority
Section 180 of the Constitution of South Africa – Other Matters Concerning Administrationi of Justice
Chapter 9: 181-194 (State institutions supporting constitutional democracy)
Section 181 of the Constitution of South Africa – Establishment and governing principles
Section 182 of the Constitution of South Africa – Functions of Public Protector
Section 183 of the Constitution of South Africa – Tenure
Section 184 of the Constitution of South Africa – Functions of Human Rights Commission
Section 185 of the Constitution of South Africa – Composition of Commission
Section 186 of the Constitution of South Africa – Functions of Commission
Section 187 of the Constitution of South Africa – Functions of Commission for Gender Equality
Section 188 of the Constitution of South Africa – Functions of Auditor-General
Section 189 of the Constitution of South Africa – Tenure
Section 190 of the Constitution of South Africa – Functions of Electoral Commission
Section 191 of the Constitution of South Africa – Composition of Electoral Commission
Section 192 of the Constitution of South Africa – Broadcasting Authority
Section 193 of the Constitution of South Africa – Appointments
Section 194 of the Constitution of South Africa – Removal from office
Chapter 10: 195-197 (Public Administration)
Section 195 of the Constitution of South Africa – Basic values and principles governing public administration
Section 196 of the Constitution of South Africa – Public Service Commission
Section 197 of the Constitution of South Africa – Public Service
Chapter 11: 198-210 (Security Services)
Section 198 of the Constitution of South Africa – Governing principles
Section 199 of the Constitution of South Africa – Establishment, structuring and conduct of security services
Section 200 of the Constitution of South Africa – Defence force
Section 201 of the Constitution of South Africa – Political responsibility
Section 202 of the Constitution of South Africa – Command of defence force
Section 203 of the Constitution of South Africa – State of national defence
Section 204 of the Constitution of South Africa – Defence civilian secretariat
Section 205 of the Constitution of South Africa – Police service
Section 206 of the Constitution of South Africa – Political responsibility
Section 207 of the Constitution of South Africa – Control of police service
Section 208 of the Constitution of South Africa – Police civilian secretariat
Section 209 of the Constitution of South Africa – Establishment and control of intelligence services
Section 210 of the Constitution of South Africa – Powers, functions and monitoring
Chapter 12: 211-212 (Traditional Leaders)
Section 211 of the Constitution of South Africa – Recognition (Traditional Leaders)
Section 212 of the Constitution of South Africa – Role of traditional leaders
Chapter 13: 213-230 (Finance)
Section 213 of the Constitution of South Africa – National Revenue Fund
Section 214 of the Constitution of South Africa – Equitable shares and allocations of revenue
Section 215 of the Constitution of South Africa – National, provincial and municipal budgets
Section 216 of the Constitution of South Africa – Treasury control
Section 217 of the Constitution of South Africa – Procurement
Section 218 of the Constitution of South Africa – Government guarantees
Section 219 of the Constitution of South Africa – Remuneration of persons holding public office
Section 220 of the Constitution of South Africa – Establishment and functions
Section 221 of the Constitution of South Africa – Appointment and tenure of members
Section 222 of the Constitution of South Africa – Reports
Section 223 of the Constitution of South Africa – Establishment
Section 224 of the Constitution of South Africa – Primary object
Section 225 of the Constitution of South Africa – Powers and functions
Section 226 of the Constitution of South Africa – Provincial Revenue Funds
Section 226 of the Constitution of South Africa – National sources of provincial and local government funding
Section 227 of the Constitution of South Africa – Provincial taxes
Section 228 of the Constitution of South Africa – Municipal fiscal powers and functions
Section 229 of the Constitution of South Africa – Provincial and municipal loans
Section 230 of the Constitution of South Africa – International agreements
Chapter 14: 231 243 (General Provisions)
Section 231 of the Constitution of South Africa – Customary international law
Section 232 of the Constitution of South Africa – Application of international law
Section 233 of the Constitution of South Africa – Charters of Rights
Section 234 of the Constitution of South Africa – Self-determination
Section 235 of the Constitution of South Africa – Self-determination
Section 236 of the Constitution of South Africa – Funding for political parties
Section 237 of the Constitution of South Africa – Diligent performance of obligations
Section 238 of the Constitution of South Africa – Agency and delegation
Section 239 of the Constitution of South Africa – Definitions
Section 240 of the Constitution of South Africa – Inconsistencies between different texts
Section 241 of the Constitution of South Africa – Transitional arrangements
Section 242 of the Constitution of South Africa – Repeal of laws
Section 243 of the Constitution of South Africa – Short title and commencement
Schedules
First Schedule to the Constitution of South Africa 1996 – National Flag
Schedule 1A to the Constitution of South Africa 1996 – Geographical areas of provinces
Second Schedule to the Constitution of South Africa 1996 – Oaths & Solemn Affirmations
Third Schedule to the Constitution of South Africa 1996 – Election Procedures
Fourth Schedule to the Constitution of South Africa 1996 – Functional Areas of Concurrent National and Provincial Legislative Competence
Fifth Schedule to the Constitution of South Africa 1996 – Functional Areas of Exclusive Provincial Legislative Competence
Sixth Schedule to the Constitution of South Africa 1996 – Transitional Arrangements
Seventh Schedule to the Constitution of South Africa 1996 – Laws Repealed