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 Interim Constitution of 1993. It is widely regarded as one of the most progressive constitutions in the world, featuring a comprehensive Bill of Rights, justiciable socio-economic rights, and robust institutions for democratic accountability.
Founding Provisions
Section 1 of the Constitution establishes the founding values of the Republic: human dignity, equality, and freedom; non-racialism and non-sexism; supremacy of the Constitution and the rule of law; universal adult suffrage and a multi-party system of democratic government; and accountability, responsiveness, and openness. These values inform the interpretation of all constitutional provisions.
Structure
The Constitution is organised into 14 chapters. Chapter 1 contains the founding provisions. Chapter 2 contains the Bill of Rights. Chapters 3 through 7 establish the structures of government: cooperative government, Parliament, the President and National Executive, the provinces, and local government. Chapter 8 establishes the courts. Chapter 9 establishes independent state institutions. Chapter 10 addresses public administration.
Supremacy Clause
Section 2 provides that the Constitution is the supreme law of the Republic; any law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. This supremacy clause is the cornerstone of the constitutional order, establishing that no person or institution, not even Parliament, is above the Constitution.
Amendment Process
The Constitution may be amended by Act of Parliament, passed by a special majority. Section 74 provides for different amendment procedures depending on the provision: a two-thirds majority of the National Assembly for most provisions, and a three-quarters majority plus NCOP approval for provisions affecting provinces.
Conclusion
The 1996 Constitution is a transformative document, committed to healing the divisions of the past and establishing a society based on democratic values, social justice, and fundamental human rights. Its supremacy, its comprehensive Bill of Rights, and its institutional framework provide the foundation for South Africa’s constitutional democracy.