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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Constitution of the Republic of South Africa Act, No. 200 of 1993

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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As unamended Act 1993_200_000_19940427 EXT.LINK [...] REQ.INFO LINK
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As amended by Act 1994_003_000_1994026 .  N/AREQ.INFOLINK
As amended by Act 1994_013_000_19940722N/AREQ.INFOLINK
As amended by Act 1994_014_000_19940918 . N/AREQ.INFOLINK
As amended by Act 1994_029_000_19941123 .  
[NOTE: Signed Thursday 1994/11/17 published Wednesday 1994/11/23]
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As amended by Act 1994_024_000_19941125 .  
[NOTE: Signed Thursday 1994/11/17 published Friday 1994/11/25]
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As amended by Act 1995_020_000_19950703 .  N/A REQ.INFO LINK
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As amended by Act 1996_007_000_19960329 .   N/A REQ.INFO LINK
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As repealed by Act 1996_108_000_19961218  .  N/A REQ.INFO LINK
As amended by Act 1997_096_000_19981217 .  N/A REQ.INFO LINK
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