Chapter two of the constitution of south africa wikipedia. The south african reserve bank, in pursuit of its primary object, must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the bank and the cabinet member responsible for national financial matters. 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. Everyone has the right to have access to sufficient food and water and social security. This article is about the south african constitution,1 the south african charter of religious rights and freedoms south african charter2 and religions in south africa. The formulation of equality clause in the south african. Chapter constitutional issues surrounding the law of. It enshrines the rights of all people in our country and affirms the democratic values of. Constitution of the republic of south africa, 1996 no. Constitution means the constitution of the republic of south africa, 1993 act no. This bibliography was generated on cite this for me. Citizenship by birth 1 any person a who immediately prior to the date of commencement of the south african citizenship amendment act, 2010, was a south african citizen by birth.
The south african constitutions first chapter sets out its founding. It enshrines the rights of all people living in south africa and affirms the democratic values of human dignity, equality and freedom. Constitution of the republic of south africa western. Chapter 1 of the constitution of south africa, titled founding provisions and containing six sections, enshrines in the constitution key national principles, defines the countrys flag and national anthem, and specifies the official languages and principles of government language policy section 1, republic of south africa, defines south africa as one, sovereign, democratic state and. The right to water and sanitation the south african. South africas constitution of 1996 with amendments through 2012. The right to education is enshrined in the bill of rights chapter of the south african constitution, which states that. These are the sources and citations used to research the south africa constitution. Its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. The republic of south africa is one, sovereign, democratic state founded on the following values. South africa first 20 years of democracy 1994 2014 collections in the archives. Section 392 has had a difficult journey within the south african jurisprudence, from its inception its interface with judicial precedent has made the journey all the more complex. The fact that the text of the 1996 constitution is often vague, ambiguous and seemingly contradictory, means that it. The constitution of south africa speaks of both the past and the future.
The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. History as context in the interpretation of the south african constitution. Its the constitution of the republic of south africa, which became the highest law of the land on 10 december 1996. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The interim constitution constitution of the republic of south africa, act 200 of 1993 paved the way for our new democracy.
This constitution is the supreme law of the republic. Unfortunately, i have to limit myself to the constitutional position of just two of the many religions in the country, as space and time do not allow for more. General ag, the electoral commission iec, the south african human rights commission sahrc, the commission for gender equality cge, and lastly, the commission for the protection of the. General information he bill of rights chapter 2 of our constitution is the cornerstone of democracy in south africa. Eighteen years of the worlds best constitution brand.
Constitution of the republic of south africa, 1996. The full guide is available in pdf and as an ebook at and includes. The chapter 9 institutions in south africa april 2012, 2017 your bibliography. Constitution of the republic of south africa act 108 of 1996. The south african constitution of 1996 is a document that consists of 14 chapters. Constitution of the republic of south africa, 1993chapter. Chapter 2 of the constitution is the bill of rights. The doctrine of precedent and the value of s 392 of the. Arabic, hebrew, sanskrit and other languages used for religious purposes in south africa. South africas constitution of 1996 with amendments. Similarly, the drafters of the two versions of the south african constitution were obviously cognisant of the considerable jurisprudence on the horizontality debate in other jurisdictions. It is central to developing and implementing health law and policy, which it regulates in at least. South african schools act 84 of 1996 b 5 education labour relations council this act means this act and all regulations promulgated under this act. Chapter 2 sections 7 36 of the constitution contains the human rights that will be protected in south africa.
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. Us supreme court justice ruth bader ginsburg describes it as a great piece of work. The south african charter of religious rights and freedoms is the first south africa. Therefore, the final version of the south african bill of rights specifically states that its provisions bind the judiciary, 11. Sample chapter from south african constitutional law in context published by oxford university press, 2014. The constitution and public health policy section 27. Chapter two of the constitution of south africa contains the bill of rights, a human rights charter that protects the civil, political and socioeconomic rights of all.
This bill of rights is a cornerstone of democracy in south africa. Chapter one of the constitution of south africa wikipedia. African national congress anc the role and function of traditional leadership should be easier to resolve in south africa than in any other african state, given the historical background of the formation of the african national congress in 1912. Chapter 2 of the constitution of the republic of south africa, 1996. The wording of the clause is typical of modern constitutional framework in the. South africa first 20 years of democracy 1994 2014 visit our youtube channel. The bill protects the rights of all people in south africa, not only citizens. Constitution, charter and religions in south africa. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. South african journal of human rights 2001 17 sajhr 1 at 34, expresses this tension in the following terms. On the one hand, it is a solemn pact in which we, as south africans, declare to one another that we shall never permit a repetition of our racist, brutal and repressive past. The interim constitution was replaced by the constitution of the republic of south africa, 1996. Bill of rights chapter 2 of the constitution of the republic of south africa constitution. The south africa constitution english bibliographies.
Everyone has a right to an environment that is not harmful to their health or wellbeing section 27. The state must respect, protect, promote and fulfil the rights in the bill of rights. The constitution of south africa is the supreme law of the republic of south africa. The constitution of the republic of south africa south african. Chapter 1 founding provisions ss 16 1 republic of south africa the republic of south africa is one, sovereign, democratic state founded on the following values. Constitution south africa has had two constitutions since 1994. The chapter 9 institutions in south africa april 2012. Basic education rights handbook education rights in. Why the constitution is so important parliament of south africa. Chapter 2 bill of rights south african history online.
The state institutions supporting constitutional democracy known as the chapter 9 institutions, after their place in the constitution consist of the public protector pp, the auditor. The following section describes each of these rights. It enshrines the rights of all people in our country. The voice of the cc as the guide to the sca and the various high courts is needed. Spelt out in detail, they occupy 35 sections of chapter 2. Why the south african constitution is better than the. Download a pdf of the constitution of south africa in a language of your choice. The constitution states that in order to deepen the culture of democracy established by the constitution, parliament may adopt charters of rights consistent with the provisions of the constitution. It says how the government should rule the country and it includes a bill of rights. Constitution of the republic of south africa, 1996chapter. Pdf sample chapter from south african constitutional. To obtain a harcopy of the constitution, please contact one of the following officials listed on the contacts page.