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 AfricaRepublic of South Africa

Section 2 of the Constitution of South AfricaSupremacy of the Constitution

Section 3 of the Constitution of South AfricaCitizenship

Section 4 of the Constitution of South AfricaNational anthem

Section 5 of the Constitution of South AfricaNational flag

Section 6 of the Constitution of South AfricaLanguages

Chapter 2: 7-39 (Bill of Rights)

Section 7 of the Constitution of South AfricaRights

Section 8 of the Constitution of South AfricaApplication

Section 9 of the Constitution of South AfricaEquality

Section 10 of the Constitution of South AfricaHuman dignity

Section 11 of the Constitution of South AfricaLife

Section 12 of the Constitution of South AfricaFreedom and Security of the Person

Section 13 of the Constitution of South AfricaSlavery, Servitude and Forced Labour

Section 14 of the Constitution of South AfricaPrivacy

Section 15 of the Constitution of South AfricaFreedom of Religion, Belief and Opinion

Section 16 of the Constitution of South AfricaFreedom of Expression

Section 17 of the Constitution of South AfricaAssembly, Demonstration, Picket and Petition

Section 18 of the Constitution of South AfricaFreedom of Association

Section 19 of the Constitution of South AfricaPolitical Rights

Section 20 of the Constitution of South AfricaCitizenship

Section 21 of the Constitution of South AfricaFreedom of Movement and Residence

Section 22 of the Constitution of South AfricaFreedom of Trade, Occupation and Profession

Section 23 of the Constitution of South AfricaLabour Relations

Section 24 of the Constitution of South AfricaEnvironment

Section 25 of the Constitution of South AfricaProperty

Section 26 of the Constitution of South AfricaHousing

Section 27 of the Constitution of South AfricaHealth Care, Food Water and Social Security

Section 28 of the Constitution of South AfricaChildren

Section 29 of the Constitution of South AfricaEducation

Section 30 of the Constitution of South AfricaLanguage and Culture

Section 31 of the Constitution of South AfricaCultural, Religious and Linguistic Communities

Section 32 of the Constitution of South AfricaAccess to Information

Section 33 of the Constitution of South AfricaJust Administrative Action

Section 34 of the Constitution of South AfricaAccess to Courts

Section 35 of the Constitution of South AfricaArrested, Detained and Accused Persons

Section 36 of the Constitution of South AfricaLimitation of Rights

Section 37 of the Constitution of South AfricaStates of Emergency

Section 38 of the Constitution of South AfricaEnforcement of Rights

Section 39 of the Constitution of South AfricaInterpretation of Bill of Rights

Chapter 3: 40-41 (Co-operative government)

Section 40 of the Constitution of South AfricaGovernment of the Republic

Section 41 of the Constitution of South AfricaPrinciples of Co-operative Government and Intergovernmental Relations

Chapter 4: 42-82 (Parliament)

Section 42 of the Constitution of South AfricaComposition of Parliament

Section 43 of the Constitution of South AfricaLegislative authority of the Republic

Section 44 of the Constitution of South AfricaNational legislative authority

Section 45 of the Constitution of South Africa Joint rules and orders and joint committees

Section 46 of the Constitution of South AfricaComposition and Election

Section 47 of the Constitution of South Africa – Membership

Section 48 of the Constitution of South AfricaOath or Affirmation

Section 49 of the Constitution of South AfricaDuration of National Assembly

See also  Section 42-52 Constitution of South Africa 1996

Section 50 of the Constitution of South AfricaDissolution of National Assembly before expiry of its term

Section 51 of the Constitution of South AfricaSittings and Recess Periods

Section 52 of the Constitution of South AfricaSpeaker and Deputy Speaker

Section 53 of the Constitution of South AfricaDecisions

Section 54 of the Constitution of South AfricaRights of Certain Cabinet Members in National Assembly

Section 55 of the Constitution of South AfricaPowers of National Assembly

Section 56 of the Constitution of South AfricaEvidence or Information Before National Assembly

Section 57 of the Constitution of South AfricaInternal Arrangements, Proceedings and Procedures of National Assembly

Section 58 of the Constitution of South AfricaPrivilege

Section 59 of the Constitution of South AfricaPublic Access to and Involvement in National Assembly

Section 60 of the Constitution of South AfricaComposition of National Council

Section 61 of the Constitution of South AfricaAllocation of Delegates

Section 62 of the Constitution of South AfricaPermanent Delegates

Section 63 of the Constitution of South AfricaSittings of National Council

Section 64 of the Constitution of South AfricaChairperson and Deputy Chairpersons

Section 65 of the Constitution of South AfricaDecisions

Section 66 of the Constitution of South AfricaParticipation by Members of National Executive

Section 67 of the Constitution of South AfricaParticipation by Local Government Representatives

Section 68 of the Constitution of South AfricaPowers of National Council

Section 69 of the Constitution of South AfricaEvidence or Information Before National Council

Section 70 of the Constitution of South AfricaInternal Arrangements, Proceedings and Procedures of National Council

Section 71 of the Constitution of South AfricaPrivilege

Section 72 of the Constitution of South AfricaPublic Access to and Involvement in National Council

Section 73 of the Constitution of South AfricaAll Bills

Section 74 of the Constitution of South AfricaBills Amending the Constitution

Section 75 of the Constitution of South Africa Ordinary Bills Not Affecting the Provinces

Section 76 of the Constitution of South AfricaOrdinary Bills Affecting the Provinces

Section 77 of the Constitution of South AfricaMoney Bills

Section 78 of the Constitution of South AfricaMediation Committee

Section 79 of the Constitution of South AfricaAssent to Bills

Section 80 of the Constitution of South AfricaApplication by Members of National Assembly to Constitutional Court

Section 81 of the Constitution of South AfricaPublication of Acts

Section 82 of the Constitution of South AfricaSafekeeping of Acts of Parliament

Chapter 5: 83-102 (The President & National Executive)

Section 83 of the Constitution of South AfricaThe President

Section 84 of the Constitution of South AfricaPowers and functions of President

Section 85 of the Constitution of South AfricaExecutive authority of the Republic

Section 86 of the Constitution of South AfricaElection of President

Section 87 of the Constitution of South AfricaAssumption of office by President

Section 88 of the Constitution of South AfricaTerm of office of President

Section 89 of the Constitution of South AfricaRemoval of President

Section 90 of the Constitution of South AfricaActing President

Section 91 of the Constitution of South AfricaCabinet

Section 92 of the Constitution of South AfricaAccountability and responsibilities

Section 93 of the Constitution of South AfricaDeputy Ministers

Section 94 of the Constitution of South AfricaContinuation of Cabinet after elections

Section 95 of the Constitution of South AfricaOath or affirmation

Section 96 of the Constitution of South AfricaConduct of Cabinet members and Deputy Ministers

Section 97 of the Constitution of South AfricaTransfer of functions

Section 98 of the Constitution of South AfricaTemporary assignment of functions

Section 99 of the Constitution of South AfricaAssignment of functions

Section 100 of the Constitution of South AfricaNational intervention in provincial administration

Section 101 of the Constitution of South AfricaExecutive decisions

Section 102 of the Constitution of South AfricaMotions of no confidence

Chapter 6: 103-150 (Provinces)

Section 103 of the Constitution of South AfricaProvinces

Section 104 of the Constitution of South AfricaLegislative authority of provinces

Section 105 of the Constitution of South AfricaComposition and election of provincial legislatures

Section 106 of the Constitution of South AfricaMembership

Section 107 of the Constitution of South AfricaOath or affirmation

Section 108 of the Constitution of South AfricaDuration of provincial legislatures

Section 109 of the Constitution of South AfricaDissolution of provincial legislatures before expiry of term

Section 110 of the Constitution of South AfricaSittings and recess periods

Section 111 of the Constitution of South AfricaSpeakers and Deputy Speakers

Section 112 of the Constitution of South AfricaDecisions

Section 113 of the Constitution of South AfricaPermanent delegates’ rights in provincial legislatures

Section 114 of the Constitution of South AfricaPowers of provincial legislatures

Section 115 of the Constitution of South AfricaEvidence or information before provincial legislatures

See also  Section 195-197 Constitution of South Africa 1996

Section 116 of the Constitution of South AfricaInternal arrangements, proceedings and procedures of provincial legislatures

Section 117 of the Constitution of South AfricaPrivilege

Section 118 of the Constitution of South AfricaPublic access to and involvement in provincial legislatures

Section 119 of the Constitution of South AfricaIntroduction of Bills

Section 120 of the Constitution of South AfricaMoney Bills

Section 121 of the Constitution of South AfricaAssent to Bills

Section 122 of the Constitution of South AfricaApplication by members to Constitutional Court

Section 123 of the Constitution of South AfricaPublication of provincial Acts

Section 124 of the Constitution of South AfricaSafekeeping of provincial Acts

Section 125 of the Constitution of South AfricaExecutive authority of provinces

Section 126 of the Constitution of South AfricaAssignment of functions

Section 127 of the Constitution of South AfricaPowers and functions of Premiers

Section 128 of the Constitution of South AfricaElection of Premiers

Section 129 of the Constitution of South AfricaAssumption of office by Premiers

Section 130 of the Constitution of South AfricaTerm of office and removal of Premiers

Section 131 of the Constitution of South AfricaActing Premiers

Section 132 of the Constitution of South AfricaExecutive Councils

Section 133 of the Constitution of South AfricaAccountability and responsibilities

Section 134 of the Constitution of South AfricaContinuation of Executive Councils after elections

Section 135 of the Constitution of South AfricaOath or affirmation

Section 136 of the Constitution of South AfricaConduct of members of Executive Councils

Section 137 of the Constitution of South AfricaTransfer of functions

Section 138 of the Constitution of South AfricaTemporary assignment of functions

Section 139 of the Constitution of South AfricaProvincial intervention in local government

Section 140 of the Constitution of South AfricaExecutive decisions

Section 141 of the Constitution of South AfricaMotions of no confidence

Section 142 of the Constitution of South AfricaAdoption of provincial constitutions

Section 143 of the Constitution of South AfricaContents of provincial constitutions

Section 144 of the Constitution of South AfricaCertification of provincial constitution

Section 145 of the Constitution of South AfricaSigning, publication and safekeeping of provincial constitutions

Section 146 of the Constitution of South AfricaConflicts between national and provincial legislation

Section 147 of the Constitution of South AfricaOther conflicts

Section 148 of the Constitution of South AfricaConflicts that cannot be resolved

Section 149 of the Constitution of South AfricaStatus of legislation that does not prevail

Section 150 of the Constitution of South AfricaInterpretation of conflicts

Chapter 7: 151-164 (Local Government)

Section 151 of the Constitution of South AfricaStatus of Municipalities

Section 152 of the Constitution of South AfricaObjects of Local Government

Section 153 of the Constitution of South AfricaDevelopmental Duties of Municipalities

Section 154 of the Constitution of South AfricaMunicipalities in Co-operative Government

Section 155 of the Constitution of South AfricaEstablishment of Municipalities

Section 156 of the Constitution of South AfricaPowers and Functions of Municipalities

Section 157 of the Constitution of South AfricaComposition and Election of Municipal Councils

Section 158 of the Constitution of South AfricaMembership of Municipal Councils

Section 159 of the Constitution of South AfricaTerms of Municipal Councils

Section 160 of the Constitution of South AfricaInternal Procedures

Section 161 of the Constitution of South AfricaPrivilege

Section 162 of the Constitution of South AfricaPublication of Municipal By-laws

Section 163 of the Constitution of South AfricaOrganised Local Government

Section 164 of the Constitution of South AfricaOther Matters

Chapter 8: 165-180 (Courts & Administration of Justice)

Section 165 of the Constitution of South AfricaJudicial Authority

Section 166 of the Constitution of South AfricaJudicial System

Section 167 of the Constitution of South AfricaConstitutional Court

Section 168 of the Constitution of South AfricaSupreme Court Appeal

Section 169 of the Constitution of South AfricaHigh Court of South Africa

Section 170 of the Constitution of South AfricaOther Courts

Section 171 of the Constitution of South AfricaCourt Procedures

Section 172 of the Constitution of South AfricaPowers of Courts in Constitutional Matters

Section 173 of the Constitution of South AfricaInherent Power

Section 174 of the Constitution of South AfricaAppointment of Judicial Officers

Section 175 of the Constitution of South AfricaAppointment of acting judges

Section 176 of the Constitution of South AfricaTerms of Office and Remuneration

Section 177 of the Constitution of South AfricaRemoval

Section 178 of the Constitution of South AfricaJudicial Service Commission

Section 179 of the Constitution of South AfricaProsecuting Authority

Section 180 of the Constitution of South AfricaOther Matters Concerning Administrationi of Justice

Chapter 9: 181-194 (State institutions supporting constitutional democracy)

Section 181 of the Constitution of South AfricaEstablishment and governing principles

Section 182 of the Constitution of South AfricaFunctions of Public Protector

Section 183 of the Constitution of South AfricaTenure

See also  Section 12 Constitution of South Africa 1996

Section 184 of the Constitution of South AfricaFunctions of Human Rights Commission

Section 185 of the Constitution of South AfricaComposition of Commission

Section 186 of the Constitution of South AfricaFunctions of Commission

Section 187 of the Constitution of South AfricaFunctions of Commission for Gender Equality

Section 188 of the Constitution of South AfricaFunctions of Auditor-General

Section 189 of the Constitution of South AfricaTenure

Section 190 of the Constitution of South AfricaFunctions of Electoral Commission

Section 191 of the Constitution of South AfricaComposition of Electoral Commission

Section 192 of the Constitution of South AfricaBroadcasting Authority

Section 193 of the Constitution of South AfricaAppointments

Section 194 of the Constitution of South AfricaRemoval from office

Chapter 10: 195-197 (Public Administration)

Section 195 of the Constitution of South AfricaBasic values and principles governing public administration

Section 196 of the Constitution of South AfricaPublic Service Commission

Section 197 of the Constitution of South AfricaPublic Service

Chapter 11: 198-210 (Security Services)

Section 198 of the Constitution of South AfricaGoverning principles

Section 199 of the Constitution of South AfricaEstablishment, structuring and conduct of security services

Section 200 of the Constitution of South AfricaDefence force

Section 201 of the Constitution of South AfricaPolitical responsibility

Section 202 of the Constitution of South AfricaCommand of defence force

Section 203 of the Constitution of South AfricaState of national defence

Section 204 of the Constitution of South AfricaDefence civilian secretariat

Section 205 of the Constitution of South AfricaPolice service

Section 206 of the Constitution of South AfricaPolitical responsibility

Section 207 of the Constitution of South AfricaControl of police service

Section 208 of the Constitution of South AfricaPolice civilian secretariat

Section 209 of the Constitution of South AfricaEstablishment and control of intelligence services

Section 210 of the Constitution of South AfricaPowers, functions and monitoring

Chapter 12: 211-212 (Traditional Leaders)

Section 211 of the Constitution of South AfricaRecognition (Traditional Leaders)

Section 212 of the Constitution of South AfricaRole of traditional leaders

Chapter 13: 213-230 (Finance)

Section 213 of the Constitution of South AfricaNational Revenue Fund

Section 214 of the Constitution of South AfricaEquitable shares and allocations of revenue

Section 215 of the Constitution of South AfricaNational, provincial and municipal budgets

Section 216 of the Constitution of South AfricaTreasury control

Section 217 of the Constitution of South AfricaProcurement

Section 218 of the Constitution of South AfricaGovernment guarantees

Section 219 of the Constitution of South AfricaRemuneration of persons holding public office

Section 220 of the Constitution of South AfricaEstablishment and functions

Section 221 of the Constitution of South AfricaAppointment and tenure of members

Section 222 of the Constitution of South AfricaReports

Section 223 of the Constitution of South AfricaEstablishment

Section 224 of the Constitution of South AfricaPrimary object

Section 225 of the Constitution of South AfricaPowers and functions

Section 226 of the Constitution of South AfricaProvincial Revenue Funds

Section 226 of the Constitution of South AfricaNational sources of provincial and local government funding

Section 227 of the Constitution of South AfricaProvincial taxes

Section 228 of the Constitution of South AfricaMunicipal fiscal powers and functions

Section 229 of the Constitution of South AfricaProvincial and municipal loans

Section 230 of the Constitution of South AfricaInternational agreements

Chapter 14: 231 243 (General Provisions)

Section 231 of the Constitution of South AfricaCustomary international law

Section 232 of the Constitution of South AfricaApplication of international law

Section 233 of the Constitution of South AfricaCharters of Rights

Section 234 of the Constitution of South AfricaSelf-determination

Section 235 of the Constitution of South AfricaSelf-determination

Section 236 of the Constitution of South AfricaFunding for political parties

Section 237 of the Constitution of South AfricaDiligent performance of obligations

Section 238 of the Constitution of South AfricaAgency and delegation

Section 239 of the Constitution of South AfricaDefinitions

Section 240 of the Constitution of South Africa – Inconsistencies between different texts

Section 241 of the Constitution of South AfricaTransitional arrangements

Section 242 of the Constitution of South AfricaRepeal of laws

Section 243 of the Constitution of South AfricaShort title and commencement

Schedules

First Schedule to the Constitution of South Africa 1996National Flag

Schedule 1A to the Constitution of South Africa 1996Geographical areas of provinces

Second Schedule to the Constitution of South Africa 1996Oaths & Solemn Affirmations

Third Schedule to the Constitution of South Africa 1996Election Procedures

Fourth Schedule to the Constitution of South Africa 1996Functional Areas of Concurrent National and Provincial Legislative Competence

Fifth Schedule to the Constitution of South Africa 1996Functional Areas of Exclusive Provincial Legislative Competence

Sixth Schedule to the Constitution of South Africa 1996Transitional Arrangements

Seventh Schedule to the Constitution of South Africa 1996Laws Repealed

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