Long title

To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto.

Table of contents

SECTION	TITLE
	CHAPTER 1. CONSTITUENT AND FORMAL PROVISIONS s1 to 4 1. Republic of South Africa 2. National symbols 3. Languages 4. Supremacy of the Constitution
	CHAPTER 2. CITIZENSHIP AND FRANCHISE s5-6 5. Citizenship 6. The franchise
	CHAPTER 3. FUNDAMENTAL RIGHTS s7-35 7. Application 8. Equality 9. Life 10. Human dignity 11. Freedom and security of the person 12. Servitude and forced labour 13. Privacy 14. Religion, belief and opinion 15. Freedom of expression 16. Assembly, demonstration and petition 17. Freedom of association 18. Freedom of movement 19. Residence 20. Citizens' rights 21. Political rights 22. Access to court 23. Access to information 24. Administrative justice 25. Detained, arrested and accused persons 26. Economic activity 27. Labour relations 28. Property 29. Environment 30. Children 31. Language and culture 32. Education 33. Limitation 34. State of emergency and suspension 35. Interpretation
	CHAPTER 4. PARLIAMENT s36-67 36. Constitution of Parliament 37. Legislative authority of Republic 38. Duration of Parliament 39. Elections
	The National Assembly s40-47 40. Composition of National Assembly 41. Speaker and Deputy Speaker of National Assembly 42. Qualification for membership of National Assembly 43. Vacation of seats 44. Filling of vacancies 45. Oath or affirmation by members of National Assembly 46. Sittings of National Assembly 47. Quorum
	The Senate s48-54 48. Composition of Senate 49. President and Deputy President of Senate 50. Qualification for membership of Senate 51. Vacation of seats by senators and filling of vacancies 52. Oath or affirmation by senators 53. Sittings of Senate 54. Quorum
	The National Assembly and the Senate s55-67 55. Powers, privileges and immunities of Parliament and benefits of members 56. Penalty for sitting or voting when disqualified by law 57. Joint sittings of Houses 58. Rules and orders 59. Ordinary Bills 60. Money Bills 61. Bills affecting certain provincial matters 62. Bills amending Constitution 63. Requisite majorities 64. Assent to Bills 65. Signature and enrolment of Acts 66. Rights and duties of President, Executive Deputy Presidents, Ministers and Deputy Ministers in Houses 67. Public access to Parliament
	CHAPTER 5. THE ADOPTION OF THE NEW CONSTITUTION s68-74 68. Constitution-making Body 69. Chairperson and Deputy Chairperson 70. Rules and orders 71. Constitutional Principles and certification 72. Appointment of commissions, committees and bodies 73. Adoption of new constitutional text 73A Procedure in event of non-certificatoin [...Title inserted by Act 1996_026_001_19960424]  74. Amendments relating to this Chapter and Schedule 4
	CHAPTER 6. THE NATIONAL EXECUTIVE s75-95 75. Executive authority of the Republic 76. Head of State 77. Election of President 78. Oath or affirmation 79. Remuneration and pension of President [... Title amended by Act 1994_029_001_19941123 - was entitled "Remuneraion of President"] 80. Tenure of office of President 81. Responsibilities of President 82. Powers and functions of President 83 Confirmation of executive acts of President 84. Executive Deputy Presidents 85. Tenure of office of Executive Deputy Presidents and filling of vacancies 86. Acting President 87. Removal from office of President or Executive Deputy President 88. Cabinet 89. Cabinet procedure 90. Temporary assignment of Minister's powers and functions to another Minister 91. Transfer of Minister's powers and functions to another Minister 92. Accountability of Ministers and Cabinet 93. Votes of no confidence 94. Appointment of Deputy Ministers 95. Composition and functioning of Cabinet in event of non-participation by parties
	CHAPTER 7.THE JUDICIAL AUTHORITY AND THE ADMINISTRATION OF JUSTICE s96-109 96. Judicial authority 97. Appointment of Chief Justice and President of Constitutional Court 98. Constitutional Court and its jurisdiction 99. Composition of Constitutional Court and appointment of judges of Constitutional Court 100. Engaging the Constitutional Court 101. Supreme Court 102. Procedural matters 103. Other courts 104. Appointment, removal from office and remuneration of judges 105. Judicial Service Commission 106. Seats of Constitutional Court and Appellate Division 107. Languages 108. Attorneys-General 109. Magistrates Commission
	CHAPTER 8. THE PUBLIC PROTECTOR, HUMAN RIGHTS COMMISSION, COMMISSION ON GENDER EQUALITY AND RESTITUTION OF LAND RIGHTS s110-123
	The Public Protector s110-114 110. Establishment and appointment 111. Independence and impartiality 112. Powers and functions 113. Staff and expenditure 114. Provincial public protectors
	Human Rights Commission s115-118 115. Establishment and appointments 116. Powers and functions 117. Staff and expenditure 118. Reports
	Commission on Gender equality s119-120 119. Establishment 120. Composition and functioning
	Restitution of Land Rights s121-123 121. Claims 122. Commission 123. Court orders
	CHAPTER 9. PROVINCIAL GOVERNMENT s124-173 124. Establishment of provinces
	Provincial Legislative Authority s125-143 125. Provincial legislature 126. Legislative competence of provinces 127. Composition of provincial legislatures 128. Duration and dissolution of provincial legislatures 129. Elections 130. Sittings of provincial legislature 131. Speaker and Deputy Speaker of provincial legislature 132. Qualification for membership of provincial legislatures 133. Vacation of seats and filling of vacancies 134. Oath or affirmation by members 135. Powers, privileges and immunities of provincial legislatures and benefits of members 136. Penalty for sitting or voting when disqualified 137. Rules and orders 138. Quorum 139. Requisite majorities 140. Assent to Bills 141. Signature and enrolment of provincial laws 142. Public access to provincial legislatures 143. Administration of provincial legislatures
	Provincial Executive Authority s144-154 144. Executive authority of provinces 145. Election of Premiers 146. Tenure of and removal from office of Premiers 147. Responsibilities, powers and functions of Premiers 148. Acting Premiers 149. Executive Councils 150. Executive Council procedure 151. Temporary assignment of powers and functions to Executive Council members 152. Transfer of powers and functions from one member to another member 153. Accountability of members of Executive Councils 154. Votes of no confidence
	Provincial Finance and Fiscal Affairs s155-159 155. Provinces' share of revenue collected nationally 156. Levying of taxes by provinces 157. Raising of loans by provinces 158. Revenue allocations by national government 159. Provincial Revenue Funds
	Provincial Constitutions s160-162 160. Adoption of provincial constitutions 161. Development of provincial constitutional dispensation 162. Election of new provincial governments
	Commission on Provincial Government s163-173 163. Establishment of Commission on Provincial Government 164. Object and functions of Commission 165. Constitution of Commission 166. Chairperson and Deputy Chairperson 167. Vacation of office and filling of vacancies 168. Meetings of Commission 169. Committees 170. Co-option of persons to committees 171. Remuneration of members of Commission and other persons 172 . Appointment of staff 173. Regulations
	CHAPTER 10. LOCAL GOVERNMENT s174-180 174. Establishment and status of local government 175. Powers and functions of local government 176. Council resolutions 177. Executive committees 178. Administration and finance 179. Elections 180. Code of conduct
	CHAPTER 11. TRADITIONAL AUTHORITIES s181-184 181. Recognition of traditional authorities and indigenous law 182. Traditional authorities and local government 183. Provincial House of Traditional Leaders 184. Council of Traditional Leaders
	CHAPTER 11A. VOLKSTAAT COUNCIL [... Title inserted by Act 1994_002_009_19940303]
	184A. Provision for establishment of Volkstaat Council  [...inserted by Act 1994_002_009_19940303]
	184B. Functions of Council [...inserted by Act 1994_002_009_19940303]
	CHAPTER 12.  FINANCE s185-208
	General Financial Affairs 185-190 185. National Revenue Fund 186. Annual budget 187. Procurement administration 188 . Guarantees by national government 189. Special pensions 190. Income tax of elected representatives 190A. Pensions of political office-bearers [... inserted by Act 1994_013_013_19940722]
	Auditor-General s191-194 191. Establishment and appointment 192. Independence and impartiality 193. Powers and functions 194. Staff and expenditure
	South African Reserve Bank s195-197 195. Central Bank 196. Primary objectives 197. Powers and functions
	Financial and Fiscal Commission s198--206 198. Establishment 199. Objects and functions 200. Constitution, expertise and impartiality 201. Meetings of Commission 202. Committees 203. Co-option of persons by committees 204. Remuneration and allowances of members and other persons 205. Appointment of staff 206. Regulations
	Commission on Remuneration of Representatives s207-208 207. Establishment 208. Composition and functioning
	CHAPTER 13. PUBLIC SERVICE COMMISSION AND PUBLIC SERVICE s209-213
	Public Service Commission s209-211 209. Establishment 210. Powers and functions 211. Composition
	The Public Service s212 212. [sic - no title]
	Provincial Service Commissions s213 213. [sic - no title]
	CHAPTER 14. POLICE AND DEFENCE s214-228
	South African Police Service s214-223 214. Establishment 215. Powers and functions 216. Minister and National Commissioner 217. Powers of provinces 218. Responsibilities of National Commissioner 219. Provincial Commissioners 220. Co-ordination and co-operation 221. Local policing 222. Independent complaints mechanism 223. Acts of members outside their territorial jurisdiction
	South African National Defence Force s224-228  [... Title amended by Act 1995_044_013_19950922 - was entitled "National Defence Force"] 224. Establishment of South African National Defence Force [... Title amended by Act 1995_044_013_19950922 - was entitled "National Defence Force"] 225. Chief of South African National Defence Force and Secretary for Defence [... Title amended by Act 1995_044_010_19950922 - was entitled "Chief of National Defence Force"] 226. Members of South African National Defence Force [... Title amended by Act 1995_044_013_19950922 - was entitled "National Defence Force"] 227. Functions of South African National Defence Force [... Title amended by Act 1995_044_013_19950922 - was entitled "National Defence Force"] 228. Accountability
	CHAPTER 15. GENERAL AND TRANSITIONAL PROVISIONS s229-251 229. Continuation of existing laws 230. Repeal of laws 231. Continuation of international agreements and status of international law 232. Interpretation 233. Definitions 234. Transitional arrangements: Legislative authorities 235. Transitional arrangements: Executive authorities 236. Transitional arrangements: Public administration 237. Rationalisation of public administration 238. Transitional arrangements: Public service commissions 239. Transitional arrangements: Assets and liabilities 240. Transitional arrangements: State Revenue Fund 241. Transitional arrangements: Judiciary 242. Rationalisation of court structures 243. Transitional arrangements: Ombudsman 244. Transitional arrangements: Auditor-General 245. Transitional arrangements: Local government 246. Transitional arrangements: Pensions of political office-bearers 247. Special provisions regarding existing educational institutions 248. National flag and anthem 249. First election of National Assembly 250. Non-certification of election by Independent Electoral Commission 251. Short title and commencement
	National Unity and Reconciliation [...unlabeled post-text statement]
	SCHEDULES
	Schedule 1. [s124; s232]
	Part 1. Definitions of Provinces [s1; s124; s164]
	Part 2. Contentions Areas [s124]
	Schedule 2. System for Election of National Assemlby and Provincial Legislatures [s40; s44; s124; s127; s132; s232; s249]
	Schedule 3. Oaths and Affirmatoins of Office [s43; s52; s78; s84; s88; s104; s134; s149; s232; s241]
	Schedule 4. Constitutional Principles [s71; s74; s160; s164; s232]
	Schedule 5. Procedure for Election of President [s41; s49; s69; s77; s131; s145; s232]
	Schedule 6. Legislative Competences of Provinces [s126; s232; s235]
	Schedule 7. Repeal of laws [s230; s232]

 
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