The south african constitution of 1996 is a document that consists of 14 chapters. The highest law in the land, the constitution of south africa serves as the foundation for democratic south africa, a country free of oppression and discrimination. Constitution of the republic of south africa, 1996 no. Feb 03, 2017 south africas constitution is 200 years younger than the us constitution. Republic of south africa constitution act no 32 the omalley.
On 31 may 1961 south africa was declared a republic. Under the terms of the constitution south africa left the commonwealth and. Org is a public service organization promoting citizen participation in african unification through civic education. This transition began with the unbanning of the liberation movements and release of nelson mandela from prison in february 1990. South africas constitution is the result of remarkably detailed and inclusive negotiations that.
The highest law of the land, it is widely regarded as the most progressive constitution in the world, with a bill of rights second to none. In 1960 the white government held a referendum to decide whether south africa would become a republic. A history of the south african constitution 19101996 south african. South africas constitution of 1996 with amendments through 2012. The omalley archives is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the. On 31 may 1961 south africa was declared a republic and the government adopted the second constitution. Constitutional history of south africa constitutionnet.
The background to constitutionalism has been dealt with in chapter 1, and those facts need not be repeated except to repeat an aspect of what has. In terms of south african law, the right to privacy is protected in terms of the common law and section 14 of the constitution of south africa 1996. To introduce a new constitution for the republic of south africa and to. Dec 11, 2014 its the most admirable constitution in the history of the world, according to harvard law scholar cass sunstein. It therefore incorporates a lot of lessons learned in those 200 years. Human dignity, the achievement of equality and the advancement of human rights and freedoms. A history of the south african constitution 19101996. Constitutional history and development south africas constitutional history and development can be divided into three key phases. It says how the government should rule the country and it includes a bill of rights. A highly accessible app version of the constitution of south africa, easy to use. The republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic.
By observing the history of the constitutional development in. The first constitution for the union of south africa was adopted in 1910. The constitution of south africa is the supreme law of the republic of south africa. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. Kaleidoscope international law and the south african constitution john dugard for over forty years, from 1948 to 1990, south africa was in conflict with both the international community and international law. This constitution created the tricameral parliament, which meant there was a separate parliament for the white, coloured and indian groups. Republic of south africa constitution act, 1961 wikisource, the free.
Daniels and jason brickhill when the supreme court declares unconstitutional a legislative act. This declared the former union of south africa a republic. The constitution of south africa section 9 equality 3 the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. This constitution was adopted at the end of 1996 and came into force on february 4, 1997. Republic of south africa constitution act 110 of 1983 south. Republic of south africa constitution act no 32 the o. Us supreme court justice ruth bader ginsburg describes it as a great piece of work.
The new constitution was approved by about 66% of those who voted. In its stead, a republic a south africa was established. The effect of constitutional borrowings on the drafting of. The countermajoritarian difficulty and the south african. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. A constitutional referendum was held in southern rhodesia, then a constituent territory of the federation of rhodesia and nyasaland, on 26 july 1961. The constitution of 1961 was the fundamental law of south africa for two decades. It was largely based on the 1909 union of south africa act but substituted the word state whenever king, queen or crown appeared riley 1991.
These constitutions were adopted in 1910, 1961 and 1983. Evolution of south africas racist constitutions and the 1983. The period between 1909 and 1910, the period 1910 and 1996, the period 1996 to present. The constitution also made provisions for the future inclusion of basutoland, swaziland, bechuanaland and southern rhodesia christopher 1994. Introduction it is a truism that both the history of a country and its peoples and the dispensation the country aspires to be, is to some degree reflected in its constitution. South africas constitution was 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 constitution of south africa download ebook pdf. The new constitution which put that decision into effect replaced. 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.
Amendment of 1 the south west africa affairs amendment act. Eighteen years of the worlds best constitution brand south. Mar 03, 20 this act shall be called the republic of south africa constitution amendment act, 1981. This work is in the public domain because it was created and first published in south africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text. The 1910 constitution granted independence to south africa from britain, the 1961 constitution declared the country a republic, and the 1983 constitution. Childrens rights in the southafrican constitution prof ja robinson 1. The republic of south africa constitution bill was introduced in january 1961. All references to king, queen, and crown were replaced with state. Jun 11, 2017 the constitution of a newly democratic south africa was promulgated by president nelson mandela in 1996. This site is like a library, use search box in the widget to get ebook that you want. Kaleidoscope international law and the south african constitution. What about the south african constitution makes it better. In both instances, the right to privacy is limited, and to prove an. South africa constitution 1996 for android apk download.
Republic of south africa constitution act 110 of 1983 act to. South africa constitution act, 1961, and 3 the southwest africa constitution act, 1968. Somewhat later, the newly founded republic also left the commonwealth. The 1983 constitution is the third constitution since the founding of the union of south africa in 1910. According to the bill of rights, as enshrined in the constitution, every south african citizen has the inalienable right to life, equality, human dignity and privacy. Although premised on the south africa act, the 1961 constitution severed all ties with the british empire as the state president replaced the crown and the governor general. Republic of south africa constitution amendment act, 1981. The constitution act of 1983 made farreaching changes to the 1961 con stitution. The constitution of south africa constitution hill. All citizens are equally entitled to the rights, privileges and benefits of citizenship.
Click download or read online button to get the constitution of south africa book now. The drafting of south africas final constitution from a human. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead. South african constitution of 1996 republic of south africa. Evolution of south africas racist constitutions and the 1983 constitution xia jisheng since the enforcement of 1983 constitution, several years have passed. Although premised on the south africa act, the 1961 constitution severed all ties with the british empire as the state president replaced the crown and the. Republic of south africa constitution act south africa 1961. The countermajoritarian difficulty and the south african constitutional court reynaud n. This resource is hosted by the nelson mandela centre of memory, but was compiled and authored by padraig omalley. Manifesto on values, education and democracy, department ofeducation 2001 2. Republic of south africa constitution act, 1961 wikisource.
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