Main features of south african constitution

These methods of amendment reflect a mixture of rigidity and flexibility in the indian constitution. In any federal system, the constitution must be a formal written document that outlines how government works, the role of each section of government as well as the legislative framework. In the south, an estimated two or three blacks were lynched each week in the late 19th and early 20th centuries. Ban on political parties and restrictions on the media were lifted. This period was characterised by the enactment of the south africa act by the british parliament, establishing an independent union of south africa comprising the territories of cape colony, orange free state, natal and transvaal. Jun 11, 2017 the constitution of a newly democratic south africa was promulgated by president nelson mandela in 1996. Democratic constitutionalism in the time of the postcolony. Constitutional design class 9 important questions civics. Fart xx of the constitution deals with amendment of the constitution. It provides the most extensive right to its citizen. This gave rights to the white minority but took away the right to vote of the. The 11 languages of south africa south africa gateway.

We therefore, through our freely elected representatives, adopt this constitution as the supreme law of the republic so as to. A history of the south african constitution 19101996 south. The constitution attains parliamentary structure for national government. It is treated almost as trite in south african political discourse that our constitution, officially called the constitution of the republic of south africa, 1996, is the best constitution in the world. In 1996 south africas new constitution gave official protection to all major languages. South africa has a written constitution which is regarded as the supreme law of the republic south african constitution, 1996. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. The features of south africa constitution are 1 right to privacy, so that citizen or their home cannot be searched 2 right to an environment that is not harmful to their health or wellbeing 3 right to have access to adequate housing 4 right to have access yo health care services, sufficient food and water. Is the south african constitution an obstacle to a democratic postcolonial state. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. Membership of the house of representative was increased to 184.

When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must prom ote the. The protection of languages and of language rights in the. Whereas the united states supreme court implies the existence of certain fundamental personal rights in the liberty provision of the fourteenth amendments. The basic provisions of the constitution department of justice.

The constitution of south africa speaks of both the past and the future. The constitution also defines the features of south africas sovereignty its national territory, citizenship and national symbols. The adoption of the 1996 constitution of south africa is widely regarded as a watershed moment in constitutional jurisprudence. The constitution of the republic of south africa, 1996, was approved by the constitutional court cc on 4 december 1996 and took effect on 4 february 1997. The new constitution which put that decision into effect replaced. Chapter two of the constitution of south africa wikipedia. Is the south african constitution the best in the world. Features researching south african law by amanda barratt and pamela snyman. The idea of progressive constitutionalism is a pivotal founding principle. Constitutional court is south africas highest court on constitutional matters and is the body that has the final say on the interpretation of the constitution. The constitution is the foundation of the rule of state. Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. The constitution was not a product solely of negotiation in the. They feature in the preamble with its stated intention of establishing a society based on democratic values, social justice and fundamental.

This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Somewhat later, the newly founded republic also left the commonwealth. This constitution gave to its citizens the most extensive rights available in any country. South africa has a written constitution which is regarded as the supreme law of the republic south african constitution. This bill covers all the 15 fundamental rights that a south african citizen enjoys. The constitution is made up of 14 chapters, some of which are. It safeguard the fundamental rights of its citizens. The power to amend the constitution is mainly with the union parliament. The new constitution was negotiated between may 1994 and october 1996 in the countrys first democratically elected convention, the constitutional assembly. By 1950, the government had banned marriages between whites and people of other races, and prohibited sexual relations between black and white south africans.

For centuries south africas official languages were european dutch, english, afrikaans. For example, cp xvi ensured the establishment of three sp heres of government. Chapter two of the constitution of south africa contains the bill of rights, a human rights charter that protects the civil, political and socioeconomic rights of all people in south africa. One of the major disputed issues was the process by which such a constitution would be adopted. Human dignity, the achievement of equality and the advancement of human rights and freedoms. The constitution introduced a federal system of government by sharing government power between the centre and the regions. The constitution of south africa brand south africa. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. In the second chapter of south african constitution, there exists a provision called bills of rights. It gives equality and dignity to all the humans of south africa. Three most important features of the south african legal system which i would like to draw your attention to are that. The constitution of india lays down certain basic features or the basic structure, which cannot be amended, altered or modified by any legitimate authority in india. The leading south african legal periodical is the south african law journal salj, which is one of the oldest law journals currently published in english volume 119 in 2002. South africa has about 34 historically established languages.

South african constitution of 1996 republic of south africa. The constitution has been praised as one of the most progressive constitutional frameworks in the world, reflecting the. Constitution of the republic of south africa, 1996 south. The text below includes all amendments, up to and including the 17th amendment to the constitution disclaimer. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. Free copies are available from the department of constitutional development. This declared the former union of south africa a republic. The nigeria constitution is the highest law in nigeria, any law that is not consistent with the constitution is null and void. Three most important features of the south african legal.

In its stead, a republic a south africa was established. Volumes 1 17 18841900 were published under the title cape law journal. It was promulgated by president nelson mandela on 18 december 1996 and came into effect on 4 february 1997, repl. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. The national or a provincial government may not compromise or impede a municipalitys ability or right to exercise its powers or perform its functions.

Republic of south africa constitution act, 1961 wikisource. South african go vernment, the 1993 constitution of t he republic of south africa act 2 00. It is the highest law of the land and no other law or government action can supersede it. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. Jul 16, 2018 the south african constitution, for example, establishes parliament and the presidency, and says what parliament and the presidency are supposed to do.

Discriminatory laws were repealed ban on political parties and restrictions on the media were lifted this constitution gave to its citizens the most extensive rights available in any country. A provision of the bill of rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. Dec 11, 2019 describe the main features of preamble of the indian constitution. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in. The south african constitution extends formal political participation rights to formerly disenfranchised black people while cementing political agreements that left white control of the economy largely intact. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. However, the demand for a democratic constitutional dispensation was not new, and was in fact as old as south africa itself. The constitution of south africa constitution hill. What are the features of the constitution of south africa. To introduce a new constitution for the republic of south africa and to provide for matters.

Democracy means that everyone has a say about how the country is run. The constitution of the republic of south africa south. In 1910 britain decided to withdraw from the government of south africa and handed the country over to the white residents of south africa. The constitution of the republic of south africa south african. Allrace national elections held in 1994 resulted in a black majority government led by prominent antiapartheid activist nelson mandela of the african. Lynching in america american experience official site. The first part describes some of the distinctive features of the south african constitution, and compares these features with the united states constitution. Throughout the development from itinerant teachers to schools and school systems, the family foundation of christian education remained, though it was gradually extended to embrace an. It was largely based on the 1909 union of south africa act but substituted the word state whenever king, queen or crown appeared riley 1991.

Constitutional history of south africa constitutionnet. Republic of south africa constitution act no 32 the o. The rights in the bill apply to all law, including the common law, and bind all branches of the government, including the national executive, parliament. The constitution of south africa is the supreme law of the republic of south africa. It says how the government should rule the country and it includes a bill of rights. Under the administration of the south african president f. Coming to the emergency provisions, france grants extraordinary powers to the president at the time of crisis. The constitution of south africa the highest law in the land, the constitution of south africa serves as the foundation for democratic south africa, a country free of oppression and discrimination. The african national congress anc insisted that it should be. South africas constitution is the result of remarkably detailed and inclusive negotiations that. The only difference were the provision for ceremonial president 1963 in place of the queen of england 1960 and the judicial appeals system which terminated with the supreme court 1963 rather than the judicial committee of the british privy council 1960. Both the 1960 independence constitution and the 1963 republic constitution were the same. Hosten and others introduction to south african law and legal theory 1977 2. It is a living document, an instrument which makes the government system work.

This constitution was developed and finalizes as recently as 1996 and has been amended 17 times since then. Describe the main features of preamble of the indian constitution. Lagos was carved out of the west and was made the federal capital. According to the bill of rights, as enshrined in the constitution, every south african citizen has the inalienable right to life, equality, human. The characteristic features of southern african law. The current south african languages bill 2011 only caters for the activities of the national government, and does so in a way which conflicts with international norms.

This constitution is the supreme law of the republic. In 1960, following the drafting of a new constitution, south africas white voters voted in a constitutional referendum to abolish the union of south africa created by the south africa act of 1909. Unlike the main butterworths set of statutes, these works reproduce the full text of the regulations and rules made in terms of the acts. Saturday, 10 december, is also international human rights day.

The president said the constitution, which has its foundation in the freedom charter, proclaims that south africa belongs to all who live in it. Our constitution helps us heal the divisions of the past, and pave the way forward for a democratic open society, said president zuma. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. The south african constitution of 1996 is a document that consists of 14 chapters. On the one hand, it is a solemn pact in which we, as south africans, declare to one another that we shall never permit a repetition of our racist, brutal and repressive past. Comparison of indian constitution with other countries. Some of the important features of the south african constitution are as follows. Conquest, constitutionalism and democratic contestations. Sa to celebrate 20th anniversary of the constitution sanews. South africa history, capital, flag, map, population. The republic of south africa is one, sovereign, democratic state founded on the following values.

Constitution of the republic of south africa, 1996 the text below includes all amendments, up to and including the 17th amendment to the constitution disclaimer. Mar 27, 2020 apartheid, in south africa, a policy that governed relations between the white minority and nonwhite majority during the 20th century. The bill does not deal with parliament or the courts, and much uncertainty remains about the way in which the constitution is to be given effect to in relation to these state. Its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. A history of the south african constitution 19101996. The republic of south africa held its first fully democratic elections in april 1994. South africa s constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. The act also made provisions for admitting rhodesia as a fifth province of the union in the future, but rhodesian colonists rejected this option in a referendum held in 1922. These people were the british settlers and the boers. The second way is, however, the more substantive way in which the power of the state is limited. For as long as south africa has a constitution that can only tinker at the margins of the problem of poverty and inequality, the document and its institutions remain vulnerable to attack. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead.

Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. The act also made provisions for admitting rhodesia as a fifth province of the union in the future, but rhodesian colonists rejected this option in. South african constitution is described as the supreme law in the country. African languages, spoken by at least 80% of the people, were ignored. Believe that south africa belongs to all who live in it, united in our diversity. Comparative study of the south african constitution 5 may claim to be the birthplace of the first written constitution which was popularly adopted. On 9 may 1994, after the ancs successful victory, south africas first democratically elected parliament met for the first time and the constitutional assembly. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the constitution. On the basis of the above definitions of constitution, the main features of constitutions are stated below. In mississippi alone, 500 blacks were lynched from the 1800s to 1955. The liberation of history and the end of south africa. Why the south african constitution is better than the united.

The highest law of the land, it is widely regarded as the most progressive constitution in the world, with a bill of rights second to none. The south african constitution s bill of rights seeks to preserve and enhance human dignity, and substantive equality, by encompassing all three generations of rights previously discussed. From this it is clear that our constitution forms the basis of public life in south africa. Why the constitution is so important parliament of south africa.

Finally, part three critically examines american constitutional jurisprudence on socioeconomic rights. Explain any five characteristics of south african constitutions. Eighteen years of the worlds best constitution brand. All law may not conflict with the south african constitution. From the time of the first white settlements in south africa, the protestant emphasis on home bible reading ensured that basic literacy would be achieved in the family. Just like every other country, nigeria has it own law that is a constitution which is the highest law in every country. The constitution declares india to be a sovereign, socialist, secular, democratic, republic. Constitution of the republic of south africa, 1996 constitution first amendment act of 1997 constitution second amendment act of 1998 constitution third amendment act of 1998 constitution fourth amendment act of 1999. The popular american jurist, cass r sustein, for example, has written that he considers the south african constitution to be the best in the world. South africa, the southernmost country on the african continent, renowned for its varied topography, great natural beauty, and cultural diversity, all of which have made the country a favored destination for travelers since the legal ending of apartheid afrikaans. Key features provided by the new constitution were a president, a prime minister, and an executive council cabinet, based in pretoria, a bicameral legislature in. The first constitution for the union of south africa was adopted in 1910.

South africas constitution of 1996 with amendments. Build a united and democratic south africa able to take its rightful place as a sovereign state in the family of nations. Part two discusses the south african socioeconomic rights cases. The amendments to the text of the constitution were inserted in the original text by staff of the government communication and information system gcis, as parliament does not publish updated official texts of the constitution. Jul, 2018 just like every other country, nigeria has it own law that is a constitution which is the highest law in every country. South africans must know about the constitution and what it means for them. It sanctioned racial segregation and political and economic discrimination against nonwhites. Why the south african constitution is better than the. The constitution is the embodiment of the fundamental laws. The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of south africa. The south africa act 1909 was an act of the british parliament which created the union of south africa from the british colonies of the cape of good hope, natal, orange river colony, and transvaal. No other law or government action can supersede the provisions of the constitution. It incorporates hard fought for political and civil rights, and a generous range of social and economic rights that can be enforced by courts. South africas constitution of 1996 with amendments through 2012.