Constitution of the Republic of South Africa
1996

As adopted on 8 May 1996 and amended on 11 October 1996 by the Constitutional Assembly

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.

Contents

Preamble

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     Laws Repealed

Preamble

We, the people of South Africa,
Recognize the injustices of our past;
Honor 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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