Legislation:
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
Explanatory Memorandum
This Constitution was drafted in terms of Chapter 5 of the
interim Constitution (Act 200 of 1993) and was first adopted by
the Constitutional Assembly on 8 May 1996. In terms of a
judgement of the Constitutional Court, delivered on 6 September
1996, the text was referred back to the Constitutional Assembly
for reconsideration. The text was accordingly amended to comply
with the Constitutional Principles contained in Schedule 4 of
the interim Constitution. It was signed into law on 10 December
1996.
The objective in this process was to ensure that the final
Constitution is legitimate, credible and accepted by all South
Africans.
To this extent, the process of drafting the Constitution
involved many South Africans in the largest public participation
programme ever carried out in South Africa. After nearly two
years of intensive consultations, political parties represented
in the Constitutional Assembly negotiated the formulations
contained in this text, which are an integration of ideas from
ordinary citizens, civil society and political parties
represented in and outside of the Constitutional Assembly.
This Constitution therefore represents the collective wisdom
of the South African people and has been arrived at by general
agreement.
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Contents
Preamble
| Unit |
Description |
| Chapter 1 |
Founding Provisions |
| Chapter 2 |
Bill of Rights |
| Chapter 3 |
Co-operative Government |
| Chapter 4 |
Parliament |
| Chapter 5 |
The President and National Executive |
| Chapter 6 |
Provinces |
| Chapter 7 |
Local Government |
| Chapter 8 |
Courts and Administration of Justice |
| Chapter 9 |
State Institutions Supporting Constitutional Democracy |
| Chapter 10 |
Public Administration |
|
Chapter 11 |
Security Services |
| Chapter 12 |
Traditional Leaders |
| Chapter 13 |
Finance |
| Chapter 14 |
General Provisions |
|
| Schedule 1 |
National Flag |
| Schedule 2 |
Oaths and Solemn Affirmations |
| Schedule 3 |
Election Procedures |
| Schedule 4 |
Functional Areas of Concurrent National and Provincial
Legislative Competence |
| Schedule 5 |
Functional Areas of Exclusive Provincial Legislative
Competence |
| Schedule 6 |
Transitional Arrangements |
| Schedule 7 |
Laws Repealed |
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Preamble
We, the people of South Africa,
Recognize the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country;
and
Believe that South Africa belongs to all who live in it, united
in our diversity.
We therefore, through our freely elected representatives,
adopt this Constitution as the supreme law of the Republic so as
to
Heal the divisions of the past and establish a society based on
democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which
government is based on the will of the people and every citizen
is equally protected by law;
Improve the quality of life of all citizens and free the
potential of each person; and
Build a united and democratic South Africa able to take its
rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
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