Constitution of the republic of south africa, 1993chapter 1. Constitution of the republic of south africa, 1996. The final constitution was passed by parliament and became law on 18 december 1996. The text of the constitution in its current version after the sixteenth amendment act of 2009 is avail. An analysis of crime prevention as a core function of the south african police service by phillip resimate vuma. The use of foreign law by south african courts is specifically sanctioned by the south african constitution. Pdf download for the 1993 constitution of the republic of south africa the.
Political background of the south african constitution the drafting of the constitution in south africa has been part and parcel of the entire process of negotiations for a democratic settlement. The south african interim constitution act 200 of 1993 provides inter alia for a. 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. Understanding the democratic transition in south africa 3 administration of transfers to the poor and elderly. The constitution of the republic of south africa south african 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. 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 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. Constitution of the republic of south africa act 200 of 1993. Why the south african constitution is better than the united. This directly affects the interim constitution 1993, which was to lay foundation for the drafting of. Constitution of the republic of south africa, 1993 act 200 of 1993, and in areas where only a regional authority body, established in terms of a law, has jurisdiction, that regional authority body. Whats the use of socioeconomic rights in a constitution.
Constitution of south africa, 1993 kzn public works. Repealed by constitution of the republic of south africa, no. Constitutional history of south africa constitutionnet. 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 interim constitution came into effect on 27 april 1994 to administer south africa s first democratic elections. This directly affects the interim constitution 1993, which was to lay foundation for the drafting of the final constitution. Click download or read online button to get the south african constitution book now. As adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly.
Internationa law and the south african constitution more generous approach to the question whether a customary rule has sufficient usus and opinio juris to support it iii. The constitution of the republic of south africa, 1996. It enumerated a bill of rights for the people of south africa. 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. Transformative constitutionalism and the adjudication of. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in. Table of contents chapter 1 constituent and formal provisions chapter 2 citizenship and franchise chapter 3 fundamental rights chapter 4 parliament.
The relationship between international law and municipal law in the light of the interim south african constitution 1993 volume 44 issue 1 dermott j. The south african death sentence under a new constitution by robert paul rudolf krautkramer submitted in part fulfilment of the requirements for the degree of master of laws in the department of criminal procedure at the university of south africa supervisor. To introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. International law in south africa and kenya cornell. South african constitution of 1993 interim constitution. South african interim constitution 1993 pdf telegraph. The interim constitution came into effect on 27 april 1994 to administer south africas first democratic elections. The interim constitution of the republic of south africa 1993, act 200 of 1993, came into effect on the same day. This constitution shall be the supreme law of the republic and any law. Understanding the democratic transition in south africa.
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. Pdf transformative constitutionalism in south africa. Whereas the united states supreme court implies the existence of certain fundamental personal rights in the liberty provision of the fourteenth amendments. Promotion of equality and prevention of unfair discrimination act, 2000. The chapter 9 institutions in south africa april 2012. 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. Kaleidoscope international law and the south african. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. The south african constitutions bill of rights seeks to preserve and enhance human dignity, and substantive equality, by encompassing all three generations of rights previously discussed. The interim south african constitution 1993 south african. This constitution is the supreme law of the republic. The 1993 constitution of the republic of south africa sage journals. Treaties before 1994 south africa followed the english dualist approach to the incorporation of treaties. To introduce a new constitution for the republic of south africa and to.
Cct 9, 11 may 2010, as yet unreported, at paras 256. These are the sources and citations used to research the south africa constitution. The constitution of the republic of south africa, 1993, act 200 of 1993. 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 current constitution is the fourth south african constitution. In terms of section 2053 of the constitution of the republic of south africa act 108 of 1996, one of the objectives of the south african. Assembly ca wrote the final constitution and on 8 may 1996, it was finally adopted by the constitutional assembly. The south african constitution the south african constitution describes the social values of the country, and. South africas constitution of 1996 with amendments through 2012.
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. The south africa constitution english bibliographies. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. This site is like a library, use search box in the widget to get ebook that you want. 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. Dec 09, 20 the end of apartheid in south africa in 1993 was marked by the introduction of an interim constitution in 1993 and the countrys final constitution in 1996. Setswana, tshivenda, isixhosa and isizulu shall be the official south african languages at national level, and conditions shall be created for their development and for the promotion of their equal use and enjoyment. South africas constitutional history dates back to 1961 when the country became a republic and for the first time had a written constitution act no. Following the political crisis of 2009, kenya successfully went through a drafting and revision process that resulted in the new, 2010 constitution of kenya. Constitutional citizenship in south africa international. Western cape is one of the countrys two wealthiest provinces. Constitutional documents of south africa, acts of the parliament of south africa sister projects. It also provided for a constituent assembly consisting of a combined senate and national assembly to draft the a new constitution. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636.
The 1993 constitution of the republic of south africa. South african cedaw progress made on the implementation of the convention for the period 1998 to 2008 5 preface since the dawn of democracy in south africa in 1994, the democratic government of the republic of south africa has observed a determined human rights approach and rati. Constitution of the republic of south africa, 1996, date of commencement 4 february 1997. Constitution of the republic of south africa, 1993 wikisource, the. The 1961 constitution wittingly created the three spheres of government.
Kaleidoscope international law and the south african constitution. South africas constitution of 1996 with amendments. 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 freedom charter of 1955 carried the idea forward. The republic of south africa is one, sovereign, democratic state founded on the following values. 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. Financial and fiscal commission 1993 constitutional provisions repeal act, no. Constitution of the republic of south africa, 1993chapter.
The south african constitution download ebook pdf, epub. 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. Why the south african constitution is better than the. The chapter 9 institutions in south africa april 2012, 2017 your bibliography.
South african cedaw department of women, youth and. In prior work inman and rubinfeld, 2012, we develop a formal model that explains how the south african constitution and its institutions of. The relationship between international law and municipal law. The constitution of south africa is the supreme law of the republic of south africa. Third, the national government was required to share national tax revenues with the provinces to finance assigned provincial services. 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. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. The bill of rights introducing the interim bill of rights etienne mureinik university of the witwatersrand, johannesburg. The constitution and governmental delations in south africa. It introduced universal adult suffrage, constitutional supremacy and a bill of rights. Promulgated by the constitution of south africa act of 1993, it provided for a government of national unity, a fiveyear transition.
A pan south african language board established by national legislation must. Constitution of the republic of south africa, 1993. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and. Constitutional court of south africa southern african legal. The notion of a bill of rights for south africa can be traced back to an anc document in the early 1920s.
The formulation of equality clause in the south african. Polity offers free access to south african legislation, policy documents and daily political news. 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 this constitution was drafted in terms of chapter 5 of the interim constitution act 200 of 1993 and was. The south africa constitution english bibliographies cite. South africa, 1993 act 200 of 1993, mentioned in the proclamation, is repealed. The 1993 constitution of the republic of south africa the. This bibliography was generated on cite this for me on sunday, may 7, 2017. This study has not been submitted before for any degree or examination in any other university. As a transitional constitution it required the newly elected parliament to also serve as a constituent assembly to adopt a final constitution. This concept was first introduced in the south african interim constitution in 1993, and was retained in the 1996 constitution, which is currently in force although south african courts are said to have utilized foreign law often, information concerning the specific. I declare that an analysis of crime prevention as a core function of the south african police service is my own work and that all sources that i have used or quoted have been indicated and acknowledged by means of complete reference. Jan 29, 2018 10 a provision shall be made by an act of parliament for the establishment by the senate of an independent pan south african language board to promote respect for the principles referred to in subsection 9 and to further the development of the official south african languages. Act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. The end of apartheid in south africa in 1993 was marked by the introduction of an interim constitution in 1993 and the countrys final constitution in 1996.