Since this is the supreme law of south africa everything else is subject to it, it is more difficult to amend change the constitution than any other piece of legislation. Application of act chapter 2 establishment and governance of interim traditional health practitioners council of south africa 4. Democratic constitutionalism in postapartheid south. The south african interim constitution act 200 of 1993 provides inter alia for a supposedly independent constitutional court which is mandated to act as the g download pdf pdf download for the 1993 constitution of the republic of south africa the constitutional court, article information 8 may 1996 this constitution was drafted in terms of. Although premised on the south africa act, the 1961 constitution severed all ties with the british empire as the state president replaced the crown and the governor general.
The interim constitution created government of national unity under constitutional democracy. Constitution provided the platform for the creation of a new order in which all south africans share a common citizenship in a sovereign and democratic constitutional state, and where all citizens are entitled to exercise their fundamental rights freely and equally. The proposal was consistent with the anc demand for an interim government. The interim constitution was approved in kempton park and it was duly endorsed by the last apartheid parliament and became the constitution of the republic of south africa, act 200 of 1993. The south african constitution s bill of rights seeks to preserve and enhance human dignity, and substantive equality, by encompassing all three generations of rights previously discussed. In prior work inman and rubinfeld, 2012, we develop a formal model. South african constitution of 1993 interim constitution. South africa region africa excl mena agreement name south african constitution of 1993 interim constitution date 18111993 agreement status multiparty signedagreed agreementconflict level intrastateintrastate conflict post apartheid south africa and namibian independence 1990 1994. The freedom charter of 1955 carried the idea forward.
The interim constitution was written by people who had not yet been democratically elected into government. Needless to say, neither the united nations nor swapo recognized the interim government. Transitioning to full democracy the 1993 interim constitution extended the franchise to south african. Wikipedia article, wikidata item the constitution of the republic of south africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997.
It enumerated a bill of rights for the people of south africa. Certification of the constitution of the republic of south. Sweden, the institute has offices in africa, the asiapacific and. It introduced universal adult suffrage, constitutional supremacy and a bill of rights. Repealed by constitution of the republic of south africa, no. Promotion of equality and prevention of unfair discrimination act, 2000. South africa s 1996 constitution is recognized as a transformative text mainly because it is founded on historic values of nonracialism, nonsexism, bill of rights and the rule of law. The south african constitution sets out the foundational rules of the south african state. 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.
The 1993 interim constitution created the constitutional court. Brand south africa south africas constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. Constitution of the republic of south africa act 200 of 1993, chapter 4, section 36 constitution of parliament. The interim constitution, and the constitution of south africa, 19962 that replaced the interim constitution, were universally applauded as representing a break from the past. Constitution of the republic of south africa act 200 of. Constitution of the republic of south africa, 1993. Pdf transformative constitutionalism in south africa.
Constitutional documents of south africa, acts of the parliament of south africa sister projects. South african constitution of 1993 interim constitution peace. The 1993 constitution of the republic of south africa. The constitution of south africa shall provide for the establishment of one sovereign state, a common south african citizenship and a democratic system of government committed to achieving equality between men and women and people of all races. South africa has a quasi federal model defined in the 1996 constitution as a. The interim constitution marked a decisive break from our apartheid past. During south africa s democratic transition, the anc insisted. South african interim constitution 1993 pdf telegraph. Schedule 4 constitutional principles the omalley archives. 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. The interim south african constitution 1993 south african.
Iss has documented south africa s evolution during the past two decades in a set of 10 case studies, highlighted below in an iss tribute to mandela. Interim constitution of the republic of south africa. The constitution was the birth certificate of the south african nation, a text adopted by an overwhelming 85 per cent of the constitutional assembly. An interpretation of the south african constitutional by. The formulation of equality clause in the south african. During the drafting of the interim constitution south africa was on the brink of a civil war. You and the constitution parliament of south africa. In the area of pretrial release and detention, south african history before.
Section 28 of the constitution adopted in 1996, and amended in 2012, includes the following provisions. It is treated almost as trite in south african political discourse that our constitution, officially called the constitution of the republic of south africa, 1996, is the best constitution in the world. All references to king, queen, and crown were replaced with state. South africa s constitution of 1996 with amendments through 2012. South africa required institutions that could serve diverse groups and earn the trust of citizens. The constitution of south africa download ebook pdf.
Constitutional principles in south africa s 1994 interim constitution south africa s use of constitutional principles is the most robust example of how such principles can be used to bring distrustful parties to the constitutional negotiating table. Kaleidoscope international law and the south african. This is the text of the constitution of the republic of south africa, 1993 also known as the interim constitution, as it was on 29 march 1996, when it was amended by the constitution of the republic of south africa amendment act, 1996. Jun 11, 2017 the constitutional court in the constitution hill precinct, hillbrow image. South africas constitution of 1996 with amendments. The interim constitution emerged from the multiparty negotiating process mpnp at the world trade centre in kempton park during 1993. The constitution of south africa is the supreme law of the republic of south africa. The south african constitution of 1996 is a document that consists of 14 chapters. National union of metal workers of south africa v lufil packaging isithebe and others cct17219 20200326.
Is the south african constitution the best in the world. It says how the government should rule the country and it includes a bill of rights. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. Bsc llb witwatersrand bcl oxon, professor of law, university of the witwatersrand, johannesburg. This constitution is one of the most advanced in the world, establishing a constitutional democracy in which a. The interim national constitution of the republic of the. Constitution of the republic of south africa, 1996 1996 10 bclr 1253 cc, the court ruled that although the interim right did not comply with the constitutional principles, the right of access to. Constitutional court of south africa southern african legal.
This was carried over in sections 18 to 23 of the south african police service act 68 of 1995. Reclaim the city recognises the need for the movement to unite across race, class, language and location to advance the struggle for land and decent, affordable. An overview is provided of how the elements of proportionality were dealt with in the text of the south african interim constitution of 1994, the early jurisprudence of the constitutional court, and in the text of the final constitution of 1996. The notion of a bill of rights for south africa can be traced back to an anc document in the early 1920s. The transitional constitution of the republic of south. Constitutional citizenship in south africa international. The interim constitution was the fundamental law of south africa from the first nonracial general election on 27 april 1994 until it was superseded by the final constitution on 4 february 1997. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. To introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. The south african interim constitution act 200 of 1993 provides inter alia for a supposedly independent constitutional court which is mandated to act as the guardian of the postapartheid constitutional dispensation. Democracy means that everyone has a say about how the country is run. Before democratic elections could be held in april 1994, a new constitution had to be written. Interim constitution constitutional court of south africa. As spitz correctly states, the drafting of the interim constitution in south africa was no exception to the patterns of constitution making against a backdrop of internal.
The interim constitution represented the compromise between national party which ruled south africa since 1948 to 1989 and african national congress anc which was banned from 1960 to 1990. Chapter 1 constituent and formal provisions section 1 republic of south africa 1 the republic of south africa shall be one, sovereign state. South africas constitution of 1996 with amendments through 2012. It is the highest law of the land and no other law or government action can supersede it. The south africa interim constitution act 200 of 1993. Kaleidoscope international law and the south african constitution. Section 8, the equality provision of the interim constitution, contained a. Understanding the democratic transition in south africa 3 administration of transfers to the poor and elderly. This interim constitution, approved at kempton park, was duly endorsed by the last apartheid parliament and became the constitution of the republic of south africa, act 200 of 1993. It is composed of two parts, section 24a and section 24b. Prior to promulgation of the constitution south africa was governed in terms of an interim constitution.
The popular american jurist, cass r sustein, for example, has written that he considers the south african constitution to be the best in the world. The interim constitution the constitution of the republic of south africa, 1993 act no. Contemporary south african academic criticism of the use of the concept is also analysed. Section eleven of the constitution of south africa, part of the bill of rights, guarantees the right to life. Click download or read online button to get the constitution of south africa book now. Schedule 4 constitutional principles schedule 4 amended by s. Jan 01, 2010 the period of constitutional draftingincluding the interim constitution of 1994, the south african citizenship act 88 of 1995, and the final constitution of 1996 as well as the two certification cases of the courtmay be said to run from 1993 through 1996. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. Polity offers free access to south african legislation, policy documents and daily political news. As adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly. The final constitution replaced the interim constitution in 1996.
The constitution of the republic of south africa, 1996. Thus, professor karl klare formulated the notion of tc. Although the formal date of commencement of the ic was 27 april 1994 a date agreed upon in advance by the negotiating parties, its provisions relating to the election of the transitional national legislature came into operation earlier. The interim constitution of southern sudan, state constitutions and all laws shall comply with it.
Whereas the united states supreme court implies the existence of certain fundamental personal rights in the liberty provision of the fourteenth amendments. It made provision for a major restructuring of government. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. In its stead, a republic a south africa was established. Jan 27, 2018 the south african interim constitution act 200 of 1993 provides inter alia for a supposedly independent constitutional court which is mandated to act as the g download pdf pdf download for the 1993 constitution of the republic of south africa the constitutional court, article information 8 may 1996 this constitution was drafted in terms of. Constitution of the republic of south africa act 200 of 1993. The constitution of the republic of south africa, 1993 or interim constitution was introduced at the end of apartheid to govern the period of transition. The constitution of south africa download ebook pdf, epub. This site is like a library, use search box in the widget to get ebook that you want. The republic of south africa is one, sovereign, democratic state founded on the following values. The 1996 constitution outlines four 4 principles that govern the national security. South africas constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. Constitutionmaking primer constitutional principles.
It was agreed that the final constitution would comply with thirtyfour constitutional principles contained in a schedule to the interim constitution. Assessing the performance of the south african constitution. The drafting of south africas final constitution from a. Proportionality and the limitation clauses of the south. Constitutional history of south africa constitutionnet. Reclaim the city strives to always have unity amongst its members and discourages factionalism. Assessing the performance of south africas constitution. Section eleven of the constitution of south africa wikipedia. The current constitution is the fourth south african constitution. As a transitional constitution it required the newly elected parliament to also serve as a constituent assembly to adopt a final constitution. Understanding the democratic transition in south africa. The interim constitution came into effect on 27 april 1994 to administer south africas. Third, the national government was required to share national tax revenues with the provinces to finance assigned provincial services.
Interim constitution is ratified by the mpnf providing that the two houses of parliament will in sit in congress as a constituent assembly to draft a new constitution. South africa should be mandated to adopt a new constitution in accordance with a solemn pact. On 27 april 1994 the interim constitution came into effect to govern south. Shortly thereafter and pursuant thereto the south african parliament duly adopted the interim constitution. Jan 29, 2018 the constitution of the republic of south africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997. Section 221 of the 1993 interim constitution marks a radical if not a revolutionary shift in policing. South africa should be mandated to adopt a new constitution in accordance with a. Why the south african constitution is better than the united. At the commencement of this constitution the south african police existing in terms of the police act, 1958 act no 7 of 1958, and all other police forces established by law shall be deemed to. Constitution of the republic of south africa, 1993199603. The 1993 constitution of the republic of south africa the. Democratic constitutionalism in postapartheid south africa. E it enacted by the parliament of the republic of south africa, as follows.