The Constitution of the Republic of South Africa, 1996

Introduction

The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic. Adopted by the Constitutional Assembly on 8 May 1996, certified by the Constitutional Court on 4 December 1996, and taking effect on 4 February 1997, it replaced the Interim Constitution of 1993. The Constitution is the product of a negotiated transition from apartheid to democracy and embodies the transformative commitment to healing the divisions of the past.

Structure

The Constitution is organised into 14 chapters. Chapter 1 contains the founding provisions (section 1-6). Chapter 2 contains the Bill of Rights (sections 7-39). Chapter 3 establishes cooperative government (sections 40-41). Chapter 4 establishes Parliament (sections 42-82). Chapter 5 establishes the President and National Executive (sections 83-102). Chapter 6 establishes the provinces (sections 103-150).

Key Provisions

Section 1 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 democratic system; and accountability, responsiveness, and openness.

Section 2 provides that the Constitution is the supreme law and that any law or conduct inconsistent with it is invalid.

Section 74 governs constitutional amendments, requiring special majorities.

Section 172 confers on courts the power to declare legislation and conduct invalid.

The Bill of Rights

The Bill of Rights (Chapter 2) is the cornerstone of South African democracy. It guarantees a comprehensive range of rights, including equality, dignity, life, freedom of expression, and freedom of assembly. It also guarantees justiciable socio-economic rights, including access to housing (section 26), healthcare (section 27), and education (section 29).

Institutions

The Constitution establishes independent institutions to strengthen constitutional democracy. Chapter 9 institutions include the Public Protector, the South African Human Rights Commission, the Commission for Gender Equality, the Auditor-General, and the Electoral Commission. These institutions are independent, subject only to the Constitution and the law.

Amendment and Development

The Constitution has been amended several times since 1996, including the Constitution Seventeenth Amendment Act (2012), which changed the jurisdiction of the Constitutional Court. The Constitutional Court has developed the Constitution through interpretation, establishing a rich body of constitutional jurisprudence.

Conclusion

The 1996 Constitution is a transformative document that has shaped every aspect of South African law and society. Its supremacy, its comprehensive Bill of Rights, its institutional framework, and its commitment to constitutional democracy provide the foundation for the South African legal order.