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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Constitution of the
Republic of
South Africa, 1996
[...Title reference amended by Act 2005_005_000_20050627 as not to be associated with Act number - previously referred to as "Constitution of the Republic of South Africa Act, No. 108 of 1996"]
Long title
[This Act does not contain a long title]
Table of contents
.
Legislation Text Access Point
[...Title reference amended by Act 2005_005_000_20050627 as not to be associated with Act number - previously referred to as "Constitution of the Republic of South Africa Act, No. 108 of 1996"]
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_20030411 - 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] |
| .. [sic - unlabeled text Items 1 to 26 preceeding Annexure A do not appear on Act 1996_108_000 Table of contents] | |
| 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 labeled "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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| 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 |
| As amended by Act 2023_003_000_20230727 | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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