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 constitution of south africa is the supreme law of the republic of south africa. Assessing the performance of the south african constitution. I swear that, as judge of the constitutional court, i will be faithful to the republic of south africa, will uphold and protect the consti tution and the human rights. Oxford university press, aug 6, 2015 constitutional law 805 pages. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. Download the constitution of the republic of south africa rules and notices convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction 2 may 1997. Lesbian, gay, bisexual and transgender lgbt people in south africa have the same rights as nonlgbt people. Constitution of the republic of south africa, 1996. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994.
It sets out the rights and duties of the citizens and the government. Constitution of the republic of south africa western. In both instances, the right to privacy is limited, and to prove an. The rights and responsibilities of educators to protect. The bill of rights encompasses socioeconomic rights, as well as rights to dignity, equality and. Constitutional law tells you what each of these state organs do and how they are allowed to do it. The bill of rights, section 2 of the south african. Constitutional law and civil rights in south africa golegal. Constitutional history of south africa constitutionnet.
News, case law and analyses which examine constitutional law, civil rights and human rights. South africa has a complex and diverse history regarding the human rights of lgbt people. A bill of rights for south africa cornell law school. The bill of rights also states when rights may be limited. 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.
The high road1 2 prof kobus van rooyen sc3 one i am honoured by the request of the national press club to deliver the percy qoboza memorial lecture. The next section will provide an overview of the constitutional framework for recognising and protecting the right to social security in selected african constitutions. The author shows how the concept and practice of constitutional sovereignty are invoked to entrench rights via the bill of rights in the 1996 constitution which came into effect on 4. The constitutional assembly was constituted with the task of. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. This is the fundamental law of south africa, setting out the bill of rights as well as the relationship of various government structures to each other. Bill of rights chapter 2 of the constitution of the. The republic of south africa is one, sovereign, democratic state founded on the following values. The south african human rights commission or lawyers for human rights, c.
When, in 1977, the apartheid government banned the world and weekend world, and when percy qoboza was imprisoned for six months, without. The constitution of the republic of south africa includes a bill of rights. Adopted by the constitutional assembly on may 8, 1996 and approved by the constitutional court on 4 december 1996, it took effect on 4 february 1997. Eighteen years of the worlds best constitution brand. Land, the constitution and property rights in south africa 1.
The african union convention against corruption the au convention against. Taking a case to the south african human rights commission. The south african constitution the south african constitution describes the social values of the country, and sets out the structures of government, what powers and authority a government has, and what rights citizens have. Bill of rights chapter 2 of the constitution of the republic of south africa the bill of rights sets out the fundamental rights of all south africans, including the right to dignity and the right to equality. The south african parliament in 2015 a paper commissioned by the council for the advancement of the south african constitution casac may 2015 written and researched by shameela seedat and edited by lawson naidoo this publication was funded by the open society foundation of south africa.
The total population of about 51 770 560 million is made up of 79,2 per cent black people. Insights from south africas constitutional journey the constitutional transition that took place in south africa between 1994 and 1997 swept away the constitutional and legal structures upon which the apartheid state had been based. The first issue addressed in any south african rights case is whether there has been an infringement of ones constitutional rights. In its stead, a republic a south africa was established. The constitution of the republic of south africa south. No other law or government action can supersede the provisions of the constitution. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. Find constitutional law in context in south africa. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic. The interim constitutionthe constitution of the republic of south africa, 1993 act no. South african constitutional law in context offers a comprehensive, clear, and concise introduction to the study of south african constitutional law.
Constitutional law in context in south africa gumtree. The most important constitutional change in the past year has been the passing of the separate representation of voters act, no. The entrenched sections of the south africa act and the coloured vote. 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. Constitutional development acknowledging the crucial role that. Comparing south african constitutional court and united states supreme court decisions on socioeconomic rights is difficult because. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. This means the constitution is the highest law of the land. This is a list of the basic rights that all people in south africa have as human beings. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the government. What is the law regards data privacy or data protection in south africa.
Jeremy sarkin is associate professor, law faculty, university of the western cape. View gumtree free online classified ads for constitutional law in context and more in south africa. The right to dignity forms the foundation of many of the other constitutional rights, since the fundamental rights in the constitution are derived from the dignity inherent in every person. The south african constitution was negotiated over a period of several years. 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. Constitution of the republic of south africa,1996 centre. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the south african constitution, and to understand its critical. Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. Oxford university press south african constitutional. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. Should constitutional amendments to permit extended stays in power and political instability fail to reach the forthcoming au summit, the african union commission should initiate and formulate a position paper or policy advisory note for discussion at the january 2016 au summit. In terms of south african law, the right to privacy is protected in terms of the common law and section 14 of the constitution of south africa 1996. 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 founding provisions of the constitution set out the principles and guarantees of democracy in south africa. The legal and social status of between 400,000over 2 million lesbian, gay, bisexual, transgender and intersex south africans has been influenced by a combination of. It enshrines the rights of all people in our country and affirms the democratic values. As we shall see, dignity is not only a value that permeates the bill of rights and the. The constitution of south africa constitution hill.
The south african constitutional structure cannot be justified by this argument because the. South africas constitution of 1996 with amendments. This was a milestone in the country s transition from apartheid to democracy. According to the bill of rights, as enshrined in the constitution, every south african citizen has the inalienable right to life, equality, human dignity and privacy. Why the south african constitution is better than the united statess.
Available for download immediately via vitalsource ebook app download for full offline perpetual access and one year online access. Why the south african constitution is better than the. It involved access to renal dialysis in the public sector, which is provided at state expense for those who satisfy strict medical criteria. Why the constitution is so important parliament of south africa. Pdf south african constitutional law in context researchgate. Republic of south africa constitution act south africa. Its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein.
Parliament cannot pass a law which goes against the. Land, the constitution and property rights in south africa. Section 1 of the constitution says that south africa is one sovereign, democratic state founded on values of human dignity, equality, human rights and freedoms. From this overview, it will be seen that south africa has one of the most constitutionally entrenched frameworks. Constitution of the republic of south africa, 1996 south. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. The constitution forms the basis of a democratic nation and the legal foundation for the existence of the republic of south africa. The south african constitution and bill of rights c h a p t e r c h a p t e 1 r introduction. The drafting of south africas final constitution from a human. Constitutional law of south africa second edition 5. South african constitutional law notes on south african constitutional law contribiuted by professor ellison kahn. The entrance to south africas constitutional court flickr africa. Limitation clauses november 2014 about this series these constitutionbuilding primers are intended to assist incountry constitutionbuilding or constitutionalreform processes by.