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. South africas constitution of 1996 with amendments. The constitution is the supreme law of the country and all other laws are subordinate to it. In terms of section 681 of the interim constitution, a joint sitting of these bodies forms the constitutional assembly, which is established on 9 may. The constitution of south africa download ebook pdf. Constitution of the republic of south africa, 199319960329. 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. South african constitution of 1993 interim constitution peace. On 27 april 1994 the interim constitution came into effect to govern south africa s first democratic elections. As spitz correctly states, the drafting of the interim constitution in south africa was no exception to the patterns of constitutionmaking against a backdrop of internal. Kaleidoscope international law and the south african constitution. Section 221 of the 1993 interim constitution marks a radical if not a revolutionary shift in policing. Understanding the democratic transition in south africa 3 administration of transfers to the poor and elderly. 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.
During the drafting of the interim constitution south africa was on the brink of a civil war. Constitution of the republic of south africa, 1993199603. The constitution of the republic of south africa, 1996. 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. The constitution of south africa download ebook pdf, epub. Click download or read online button to get the constitution of south africa book now. An interim constitution was first drafted as the country.
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. Constitution of the republic of south africa act 200 of 1993. Creating the birth certificate of a new south africa copyright by. 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. It is not as if there was no citizenship in south africa before 1994 and the coming into effect of the interim constitution. 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. The freedom charter of 1955 carried the idea forward. Section eleven of the constitution of south africa wikipedia. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. This initial agreement, known as the interim constitution, outlined the broad parameters of the new democracy. The bill of rights introducing the interim bill of rights etienne mureinik university of the witwatersrand, johannesburg. Democratic constitutionalism in postapartheid south africa. Reflecting on south africas featured interviews transition.
Brief legal history of apartheid south africa dating back to colonial administration under british mandate, the 1910 constitution was set up as. Constitution of the republic of south africa 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly one law for one nation act 108 of 1996 isbn 0620202149 explanatory memorandum his constitution was drafted in terms of of the interim constitution. The 1996 constitution outlines four 4 principles that govern the national security. Constitution of the republic of south africa act, ss. The republic of south africa is one, sovereign, democratic state founded on the following values. The closing paragraphs of the interim constitution of the republic of south africa, act 200 of 1993 republic of south africa, 1993 provide an absorbing description of the nature of south african society before democracy, its challenges and opportunities. This complete constitution has been generated from excerpts of texts from the repository of the. 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. S 351 of the interim constitution is the counterpart of s 391 of the final constitution. Jan 29, 2018 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. Reclaim the city strives to always have unity amongst its members and discourages factionalism. Polity offers free access to south african legislation, policy documents and daily political news. Act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto.
On 27 april 1994 the interim constitution came into effect to govern south africas first democratic elections. Constitution of the republic of south africa act 200 of. Dec 24, 2019 the constitution is the supreme law of the country and all other laws are subordinate to it. Now therefore the following provisions are adopted as the constitution of the republic of south africa. South africa required institutions that could serve diverse groups and earn the trust of citizens. These constitutions were adopted in 1910, 1961 and 1983.
The interim constitutionthe constitution of the republic of south africa, 1993 act no. It also has important implications for euthanasia, selfdefence, the use of force by law enforcement, and the provision of lifesaving healthcare. South african constitution of 1993 interim constitution. Iss has documented south africas evolution during the past two decades in a set of 10 case studies, highlighted below in an iss tribute to mandela. Jun 11, 2017 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. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. Constitution of the republic of south africa, 1993. The interim constitution emerged from the multiparty negotiating process mpnp at the world trade centre in kempton park during 1993.
Constitutional history of south africa constitutionnet. Functions of south african human rights commission. Pdf transformative constitutionalism in south africa. The interim south african constitution 1993 south african. The transitional constitution of the republic of south. This constitution provides a historic bridge between the past of a deeply divided. Transitioning to full democracy the 1993 interim constitution extended the franchise to south african.
It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. Table of contents chapter 1 constituent and formal provisions chapter 2 citizenship and franchise chapter 3 fundamental rights chapter 4 parliament. Interim constitution constitutional court of south africa. This history profoundly influenced the new constitution in several ways. The drafting of south africas final constitution from a humanrights perspective introduction prior to the democratic elections of 1994, when the interim constitution came into force, south africa had had three previous constitutions. Interim constitution of the republic of south africa.
It enumerated a bill of rights for the people of south africa. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion. The transitional constitution of the republic of south sudan. Democratic constitutionalism in postapartheid south. The 1993 interim constitution created the constitutional court. The constitution of the republic of south africa, 1993, act 200 of 1993. This was carried over in sections 18 to 23 of the south african police service act 68 of 1995. 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. 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. The interim constitution of southern sudan, state constitutions and all laws shall comply with it.
South african interim constitution 1993 pdf telegraph. 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. Nelson mandela is inaugurated as democratic south africa s first president on 10 may. Section 8, the equality provision of the interim constitution, contained a.
As a transitional constitution it required the newly elected parliament to also serve as a constituent assembly to adopt a final constitution. Repealed by constitution of the republic of south africa, no. Any laws inconsistent with the constitution are declared void to the. 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. The notion of a bill of rights for south africa can be traced back to an anc document in the early 1920s. South africas constitution of 1996 with amendments through 2012. Nelson mandela is inaugurated as democratic south africas first. Kaleidoscope international law and the 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. South africa should be mandated to adopt a new constitution in accordance with a. The interim constitution the constitution of the republic of south africa, 1993 act no. The proposal was consistent with the anc demand for an interim government. South africans saw their first onepersononevote nonracial election in 1994.
The formulation of equality clause in the south african. 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. The drafting of south africas final constitution from a. 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.
Pdf click for updates democratic constitutionalism in. The 1993 constitution of the republic of south africa the. Understanding the democratic transition in south africa. This election produces 400 leaders in the national assembly and 90 in the senate. 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. The interim constitution came into effect on 27 april 1994 to administer south africas first democratic elections. In its stead, a republic a south africa was established. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. The interim constitution came into effect on 27 april 1994 to administer south africa s first democratic elections. Constitutional citizenship in south africa international. It introduced universal adult suffrage, constitutional supremacy and a bill of rights.
Chapter 1 constituent and formal provisions section 1 republic of south africa 1 the republic of south africa shall be one, sovereign state. The south africa interim constitution act 200 of 1993. The constitution of south africa is the supreme law of the republic of south africa. It is the highest law of the land and no other law or government action can supersede it. In a nutshell, the paper simply opens a debate that considers the past and builds on the present to establish the future. Jan 15, interim constitution of nepal, which has been made through a political understanding and to be in force until a new constitution is. The interim national constitution of the republic of the. This site is like a library, use search box in the widget to get ebook that you want. Section eleven of the constitution of south africa, part of the bill of rights, guarantees the right to life. Constitution of the republic of south africa act 200 of 1993, chapter 4, section 36 constitution of parliament. Click for updates democratic constitutionalism in post apartheid south africa. Central to this strategy was the demand that a representative and elected body should be mandated to draft south africas constitution. The 1993 constitution of the republic of south africa. 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.
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