Constitutional Law
Chapter 9 Institutions
Introduction Chapter 9 of the Constitution establishes six independent institutions designed to strengthen constitutional democracy in South Africa. These institutions are independent, subject only to …
Constitutional Amendment Process
Introduction The Constitution of the Republic of South Africa, 1996, provides for its amendment by Act of Parliament, subject to special majorities. The amendment procedures are set out in section 74, …
Executive Power
Introduction Executive power in South Africa is vested in the President, who is both Head of State and Head of the National Executive. Chapter 5 of the Constitution (sections 83 to 102) establishes …
Legislative Power
Introduction Legislative power in South Africa is vested in Parliament, which consists of the National Assembly and the National Council of Provinces (NCOP). Chapter 4 of the Constitution (sections 42 …
Overview of the 1996 Constitution
Introduction The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic. Adopted on 8 May 1996 and taking effect on 4 February 1997, the Constitution replaced the …
Provincial Government
Introduction South Africa is a unitary state with nine provinces, each having its own provincial government. Chapter 6 of the Constitution (sections 103 to 150) establishes the provinces, provincial …
The Bill of Rights
Introduction Chapter 2 of the Constitution (sections 7 to 39) contains the Bill of Rights, the cornerstone of South African democracy. The Bill of Rights enshrines the rights of all people in South …
The Constitutional Court
Introduction The Constitutional Court of South Africa is the highest court in all constitutional matters and, since the Constitution Seventeenth Amendment Act of 2012, the Supreme Court of Appeal in …
Traditional Leadership and Customary Law
Introduction The Constitution of the Republic of South Africa, 1996, recognises the institution of traditional leadership and the application of customary law. Section 211 provides that the …