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Section 1-6 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 1-6 Constitution of South Africa 1996

Section 1, 2, 3, 4, 5, and 6 of the Constitution of South Africa 1996 (as amended) are under Chapter 1 of the Constitution. Chapter 1 is titled ‘Founding Provisions‘.

Section 1 Constitution of South Africa 1996

Republic of South Africa

  1. The Republic of South Africa is one, sovereign, democratic state founded on the following values:
    (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.
    (b) Non-racialism and non-sexism.
    (c) Supremacy of the constitution and the rule of law.
    (d) Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.
See also  Schedule 2 Constitution of South Africa 1996

Section 2 Constitution of South Africa 1996

This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.

Section 3 Constitution of South Africa 1996


  1. There is a common South African citizenship.
  2. All citizens are ­

a. equally entitled to the rights, privileges and benefits of citizenship; and

b. equally subject to the duties and responsibilities of citizenship.

  1. National legislation must provide for the acquisition, loss and restoration of citizenship.

Section 4 Constitution of South Africa 1996

National anthem

The national anthem of the Republic is determined by the President by proclamation.

Section 5 Constitution of South Africa 1996

National flag

The national flag of the Republic is black, gold, green, white, red and blue, as described and sketched in Schedule 1.

Section 6 Constitution of South Africa 1996


  1. The official languages of the Republic are Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu.
  2. Recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages.
  3. a. Municipalities must take into account the language usage and preferences of their residents.

b. The national government and provincial governments may use any particular official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as a whole or in the province concerned; but the national government and each provincial government must use at least two official languages.

  1. The national government and provincial governments, by legislative and other measures, must regulate and monitor their use of official languages. Without detracting from the provisions of subsection (2), all official languages must enjoy parity of esteem and must be treated equitably.
  2. A Pan South African Language Board established by national legislation must ­
See also  Section 103 Constitution of South Africa 1996

a. promote, and create conditions for, the development and use of ­

i. all official languages;

ii. the Khoi, Nama and San languages; and

iii. sign language ; and
b. promote and ensure respect for ­

i. all languages commonly used by communities in South Africa, including German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and

ii. Arabic, Hebrew, Sanskrit and other languages used for religious purposes in South Africa.

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