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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Constitution of the Republic of South Africa, 1996
[..was published as Act 108 of 1996, but wef 2005/06/27 and in terms of Act 2005_005_000, it is not to be associated with any Act number]

Long title


[This Act does not contain a long title]

Table of contents

SECTION TITLE

PREAMBLE

INDEX [NOTE: contains Chapter headings only]

CHAPTER 1. FOUNDING PROVISIONS
1. Republic of South Africa
2. Supremacy of Constitution
3. Citizenship
4. National anthem
5. National flag
6. Languages

CHAPTER 2. BILL OF RIGHTS
7. Rights
8. Application
9. Equality
10. Human dignity
11. Life
12. Freedom and security of the person
13. Slavery, servitude and forced labour
14. Privacy
15. Freedom of religion, belief and opinion
16. Freedom of expression
17. Assembly, demonstration, picket and petition
18. freedom of association
19. Political rights
20. Citizenship
21. Freedom of movement and residence
22. Freedom of trade, occupation and profession
23. Labour relations
24. Environment
25. Property
26. Housing
27. Health care, food, water and social security
28. Children
29. Education
30. Language and culture
31. Cultural, religious and linguistic communities
32. Access to information
33. Just administrative action
34. Access to courts
35. Arrested, detained and accused persons
36. Limitation of rights
37. States of emergency
38. Enforcement of rights
39. Interpretation of Bill of Rights

CHAPTER 3. CO-OPERATIVE GOVERNMENT
40. Government of the Republic
41. Principles of co-operative government and intergovernmental relations

CHAPTER 4 PARLIAMENT
42. Composition of Parliament
43. Legislative authority of the Republic
44. National legislative authority
45. Joint rules and orders and joint committees

The National Assembly
46. Composition and election
47. Membership
48. Oath or affirmation
49. Duration of National Assembly
50. Dissolution of National Assembly before expiry of its term
51. Sittings and recess periods
52. Speaker and Deputy Speaker
53. Decisions
54. Rights of certain Cabinet members and Deputy Ministers in National Assembly [..Title amended by Act 2001_034_003_20011121 - was entitled "Rights of certain Cabinet members in National Assembly"]
55. Powers of National Assembly
56. Evidence or information before National Assembly
57.  Internal arrangements, proceedings and procedures of National Assembly
58. Privilege
59. Public access to and involvement in National Assembly

National Council of Provinces
60. Composition of National Council
61. Allocation of delegates
62. Permanent delegates
63. Sittings of National Council
64. Chairperson and Deputy Chairpersons
65. Decisions
66. Participation by members of national executive
67. Participation by local government representative
68. Powers of National Council
69. Evidence or information before National Council
70. Internal arrangements, proceedings and procedures of National Council
71. Privilege
72. Public access to and involvement in National Council

National Legislative Process
73. All Bills
74. Bills amending the Constitution
75. Ordinary Bills not affecting provinces
76. Ordinary Bills affecting provinces
77. Money Bills
78. Mediation Committee
79. Assent to Bills
80. Application by members of National Assembly to Constitutional Court
81. Publication of Acts
82. Safekeeping of Acts of Parliament

CHAPTER 5. THE PRESIDENT AND NATIONAL EXECUTIVE
83. The President
84. Powers and functions of President
85. Executive authority of the Republic
86. Election of President
87. Assumption of office by President
88. Term of office of President
89. Removal of President
90. Acting President
91. Cabinet
92. Accountability and responsibilities
93. Deputy Ministers
94. Continuation of Cabinet after elections
95. Oath or affirmation
96. Conduct of Cabinet members and Deputy Ministers
97. Transfer of functions
98. Temporary assignment of functions
99. Assignment of functions
100. National intervention in provincial administration [...Title amended by Act 2003_003_002 - was entitled "National supervision of provincial administration"]
.
101. Executive decisions
102. Motions of no confidence

CHAPTER 6. PROVINCES
103. Provinces

Provincial Legislatures
104. Legislative authority of provinces
105. Composition and election of provincial legislatures
106. Membership
107. Oath or affirmation
108. Duration of provincial legislatures
109. Dissolution of provincial legislatures before expiry of term
110. Sittings and recess periods
111. Speakers and Deputy Speakers
112. Decisions
113. Permanent delegates' rights in provincial legislatures
114. Powers of provincial legislatures
115. Evidence or information before provincial legislatures
116. Internal arrangements, proceedings and procedures of provincial legislatures
117. Privilege
118. Public access to and involvement in provincial legislatures
119. Introduction of Bills
120. Money Bills
121. Assert to Bills
122. Application by members to Constitutional Court
123. Publication of provincial Acts
124. Safekeeping of provincial Acts

Provincial Executives
125. Executive authority of provinces
126. Assignment of functions
127. Powers and functions of Premiers
128. Election of Premiers
129. Assumption of office by Premiers
130. Term of office and removal of Premiers
131. Acting Premiers
132. Executive Councils
133. Accountability and responsibilities
134. Continuation of Executive Councils after elections
135. Oath or affirmation
136. Conduct of members of Executive Councils
137. Transfer of functions
138. Temporary Assignment of functions
139. Provincial intervention in local government [...Title amended by Act 2003_003_000_20030411 - was entitled "Provincial supervision of local government"]
140. Executive decision
141. Motions of no confidence

Provincial Constitutions
142. Adoption of provincial constitutions
143. Contents of provincial constitutions
144. Certification of provincial constitutions
145. Signing, publication and safekeeping of provincial constitutions

Conflicting Laws
146. Conflicts between national and provincial legislation
147. Other conflicts
148. Conflicts that cannot be resolved
149. Status of legislation that does not prevail
150. Interpretation of conflicts

CHAPTER 7. LOCAL GOVERNMENT
151. Status of municipalities
152. Objects of local government
153. Developmental duties of municipalities
154. Municipalities in co-operative government
155. Establishment of municipalities
156. Powers and functions of municipalities
157. Composition and election of Municipal Councils
158. Membership of Municipal Councils
159. Terms of Municipal Councils
160. Internal procedures
161. Privilege
162. Publication of municipal by-laws
163. Organised local government
164. Other matters

CHAPTER 8. COURTS AND ADMINISTRATION OF JUSTICE
165. Judicial authority
166. Judicial system
167. Constitutional Court
168. Supreme Court of Appeal
169. High Court of South Africa [...Title amended by Act 2012_00A_000_20130201 - was entitled "High Courts"]
170. Magistrates' Courts and other courts
171. Court procedures
172. Powers of courts in constitutional matters
173. Inherent power
174. Appointment of judicial officers
175. Acting judges
176. Terms of office and remuneration
177. Removal
178. Judicial Service Commission
179. Prosecuting authority
180. Other matters concerning administration of justice

CHAPTER 9. STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY
181. Establishment and governing principles
182. Public Protector functions of Public Protector
183. Tenure

Human Rights Commission
184. Functions of Human Rights Commission

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
185. Functions of Commission
186. Composition of Commission

Commission for Gender Equality
187. Functions of Commission for Gender Equality

Auditor-General
188. Functions of Auditor-General
189. Tenure

Electoral Commission
190. Functions of Electoral Commission
191. Composition of Electoral Commission

Independent Authority to Regulate Broadcasting
192. Broadcasting Authority

General Provisions
193. Appointments
194. Removal from office

CHAPTER 10. PUBLIC ADMINISTRATION
195. Basic values and principles governing public administration
196. Public Service Commission
197. Public Service

CHAPTER 11. SECURITY SERVICES
198. Governing principles
199. Establishment, structuring and conduct of security services

Defence
200. Defence force

201.  Political responsibility
202. Command of defence force
203. State of national defence
204. Defence civilian secretariat

Police
205. Police service
206. Political responsibility
207. Control of police service
208. Police civilian secretariat

Intelligence
209. Establishment and control of intelligence services
210. Powers, functions and monitoring

CHAPTER 12. TRADITIONAL LEADERS
211. Recognition
212. Role of traditional leaders

CHAPTER 13. FINANCE

General Financial Matters
213. National Revenue Fund
214. Equitable shares and allocations of revenue
215. National, provincial and municipal budgets
216. Treasury control
217. Procurement
218. Government guarantees
219. Remuneration of persons holding public office

Financial and Fiscal Commission
220. Establishment and functions
221. Appointment and tenure of members
222. Reports

Central Bank
223. Establishment
224. Primary object
225. Powers and functions

Provincial and Local Financial Matters
226. Provincial Revenue Funds
227. National sources of provincial and local government funding
228. Provincial taxes
229. Municipal fiscal powers and functions
230. Provincial and municipal loans
230A. Municipal loans [...inserted by Act 2001_034_017_20011121]

CHAPTER 14. GENERAL PROVISIONS

International Law
231. International agreements
232. Customary international law
233. Application of international law

Other matters
234. Charters of Rights
235. Self-determination
236. Funding for political parties
237. Diligent performance of obligations
238. Agency and delegation
239. Definitions
240. Inconsistencies between different texts
241. Transitional arrangements
242. Repeal of laws
243. Short title and commencement
Sch.1. NATIONAL FLAG [s5]
Sch.1A. GEOGRAPHICAL AREAS OF PROVINCES [...inserted by Act 2005_00A_004_20051223 being the "Constitution Twelfth Amendment Act, 2005"]
Sch.2. OATHS AND SOLEMN AFFIRMATIONS [s48, s63, s87, s90, s95, s107, s129, s131, s135, s174]
Sch.3. ELECTION PROCEDURES [s52, s61, s64, s86, s111, s128]

Part A

Part B
Sch.4. SCHEDULE 4. FUNCTIONAL AREAS OF CONCURRENT NATIONAL AND PROVINCIAL LEGISLATIVE COMPETENCE [s44, s68, s76, s104, s125, s146, s147, s156]

Part A

Part B
Sch.5. SCHEDULE 5. FUNCTIONAL AREAS OF EXCLUSIVE PROVINCIAL LEGISLATIVE COMPETENCE [s44, s104, s147, s156, Sch4]

Part A

Part B
Sch.6. SCHEDULE 6. TRANSITIONAL ARRANGEMENTS [s241, s242]

Annexure A. Amendments to Schedule 2 to the previous Constitution

Annexure B. Government of National Unity: National Sphere

Annexure C. Government of National Unity: Provincial Sphere

Annexure D. Public administration and security services: Amendments to sections of the previous Constitution
Sch.6A. [...inserted by Act 2002_018_002_20020620 wef 2002/06/20] [...repealed by Act 2008_00A_006_20090109 wef 2009/04/17 - was entitled "RETENTION OF MEMBERSHIP OF NATIONAL ASSEMBLY OR PROVINCIAL LEGISLATURE, AFTER A CHANGE OF PARTY MEMBERSHIP, MERGERS BETWEEN PARTIES, SUBDIVISION OF PARTIES AND SUBDIVISION AND MERGER OF PARTIES"] 
Sch.6B [previously "Sch.6A"]  [...inserted by Act 2002_018_002_20020620] [...re-labelled by Act 2003_002_006_20030319 - was entitled "Schedule 6A"] [...repealed by Act 2008_00A_006_20090109 - was entitled "LOSS OR RETENTION OF MEMBERSHIP OF MUNICIPAL COUNCILS, AFTER A CHANGE OF PARTY MEMBERSHIP, MERGERS BETWEEN PARTIES, SUBDIVISION OF PARTIES AND SUBDIVISION AND MERGER OF PARTIES, AND FILLING OF VACANCIES"]
Sch.7. LAWS REPEALED [s242]
 
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Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act 1996_108_000_19961218 EXT.LINK REQ.INFO LINK
As amended by Act 1997_035_000_19970829 ["Constitution First Amendment Act, No. 35 of 1997"] N/A REQ.INFO LINK
As amended by Act 1998_065_000_19981007 ["Constitution Second Amendment Act, No. 65 of 1997"] N/A REQ.INFO LINK
As amended by Act 1998_087_000_19981030 ["Constitution Third Amendment Act, No. 87 of 1997"] N/A REQ.INFO LINK
As amended by Act 1999_002_000_19990319 ["Constitution Fifth Amendment Act, No. 2 of 1997"] N/A REQ.INFO LINK
As amended by Act 1999_003_000_19990319 ["Constitution Fourth Amendment Act, No. 3 of 1997"] N/A REQ.INFO LINK
As amended by Act 2001_034_000_20011121 ["Constitution Sixth Amendment Act, No. 34 of 1997"] N/A REQ.INFO LINK
As amended by Act 2001_061_000_20011214 ["Constitution Seventh Amendment Act, No. 61 of 2001"]** N/A REQ.INFO LINK
As amended by Act 2002_018_000_20020620 ["Constitution Eighth Amendment Act, No. 18 of 2002"]** N/A REQ.INFO LINK
As amended by Act 2002_021_000_20020620 ["Constitution Ninth Amendment Act, No. 21 of 2002"]** N/A REQ.INFO LINK
As amended by Act 2003_002_000_20030319 ["Constitution Tenth Amendment Act, No. 2 of 2003"]** N/A REQ.INFO LINK
As amended by Act 2003_003_000_20030411 ["Constitution Eleventh Amendment Act, No. 3 of 2003"]** N/A REQ.INFO LINK
As amended by Act 2005_005_000_20050627** ["Citation of Constitutional Laws Act, No. 5 of 2005"] N/A REQ.INFO LINK
As amended by Act 2005_00A_000_20051223 ["Constitution Twelfth Amendment Act, No. A of 2005"] N/A REQ.INFO LINK
As ordered by Constitutional Court judgement in Case CCT 2005_073 published in GG00000000_29207 N/A REQ.INFO LINK
As amended by Act 2007_00A_000_20071214  ["Constitution Thirteenth Amendment Act, No. 23 of 2007" published with duplicate Act No. 23 of 2007] N/A REQ.INFO LINK
As amended by Act 2008_00A_000_20090109 ["Constitutional Fourteenth Amendment Act No. A of 2008"] N/A REQ.INFO LINK
As amended by Act 2008_00B_000_20090109 ["Constitutional Fifteenth Amendment Act, No. B of 2008"] N/A REQ.INFO LINK
As amended by Act 2009_00A_000_20090326 ["Constitutional Sixteenth Amendment Act, No. A of 2009"] N/A REQ.INFO LINK
As amended by Act 2012_010_000_20120914 N/A REQ.INFO LINK
As amended by Act 2012_00A_000_20130201 ["Constitutional Seventeenth Amendment Act, No. A of 2012"] N/A REQ.INFO LINK

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