CONSTITUTION OF THE REPUBLIC OF SOUTH …

1 File:///C|/gmmwork/TES/Mahesh/CONSTITUTI ON%20OF%20 THE% ,%20 ACT%20200%20OF% CONSTITUTION OF THE REPUBLIC OF SOUTH africa , ACT 200 OF 1993 CONSTITUTION OF THE REPUBLIC OF. SOUTH africa , ACT 200 OF 1993. [ASSENTED TO 25 JANUARY 1994] ..[DATE OF COMMENCEMENT: 27 APRIL 1994]. (Unless otherwise indicated: see s. 251 (2)). (Afrikaans text signed by the State President). ACT. To introduce a new CONSTITUTION for the REPUBLIC of SOUTH africa and to provide for matters incidental thereto. TABLE OF CONTENTS. Sections CHAPTER 1 Constituent and Formal Provisions..1-4. CHAPTER 2 Citizenship and Franchise..5-6. CHAPTER 3 Fundamental Rights ..7-35. CHAPTER 4 Parliament ..36-67. - The National Assembly..40-47. - The Senate ..48-54. - The National Assembly and the Senate ..55-67. CHAPTER 5 The Adoption of the new CONSTITUTION ..68-74. CHAPTER 6 The National Executive ..75-95. CHAPTER 7 The Judicial Authority and the Administration of Justice.

2 96-109. CHAPTER 8 The Public Protector, Human Rights Commission, Commission on Gender Equality and Restitution of Land Rights - The Public Protector ..110-114. - Human Rights Commission..115-118. - Commission on Gender Equality..119-120. - Restitution of Land Rights ..121-123. CHAPTER 9 Provincial Government..124. - Provincial Legislative Authority ..125-143. - Provincial Executive Authority ..144-154. - Provincial Finance and Fiscal Affairs..155-159. - Provincial Constitutions ..160-162. - Commission on Provincial Government..163-173. CHAPTER 10 Local Government..174-180. CHAPTER 11 Traditional Authorities ..181-184. CHAPTER 12 Finance - General Financial Affairs..185-190. - Auditor-General..191-194. - SOUTH African Reserve Bank ..195-197. - Financial and Fiscal Commission..198-206. - Commission on Remuneration of Representatives..207-208. CHAPTER 13 Public Service Commission and Public Service - Public Service Commission.

3 209-211. - The Public Service ..212. - Provincial Service Commissions ..213. CHAPTER 14 Police and Defence - SOUTH African Police Service ..214-223. - National Defence Force ..224-228. CHAPTER 15 General and Transitional Provisions ..229-251. SCHEDULE 1 Part 1: Definitions of Provinces Part 2: Contentious Areas file:///C|/gmmwork/TES/ ,%20 ACT%20200%20OF% (1 of 149) [17/07/06 07:13:47 PM]. file:///C|/gmmwork/TES/Mahesh/CONSTITUTI ON%20OF%20 THE% ,%20 ACT%20200%20OF% SCHEDULE 2 System for Election of National Assembly and Provincial Legislatures SCHEDULE 3 Oaths and Affirmations of Office SCHEDULE 4 Constitutional Principles SCHEDULE 5 Procedure for Election of President SCHEDULE 6 Legislative Competences of Provinces SCHEDULE 7 Repeal of Laws Preamble In humble submission to Almighty God, We, the people of SOUTH africa declare that- WHEREAS there is a need to create a new order in which all SOUTH Africans will be entitled to a common SOUTH African citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.

4 AND WHEREAS in order to secure the achievement of this goal, elected representatives of all the people of SOUTH africa should be mandated to adopt a new CONSTITUTION in accordance with a solemn pact recorded as Constitutional Principles;. AND WHEREAS it is necessary for such purposes that provision should be made for the promotion of national unity and the restructuring and continued governance of SOUTH africa while an elected Constitutional Assembly draws up a final CONSTITUTION ;. NOW THEREFORE the following provisions are adopted as the CONSTITUTION of the REPUBLIC of SOUTH africa : CHAPTER 1. CONSTITUENT AND FORMAL PROVISIONS (ss. 1-4). 1 REPUBLIC of SOUTH africa (1) The REPUBLIC of SOUTH africa shall be one, sovereign state. (2) The national territory of the REPUBLIC shall comprise the areas defined in Part 1 of Schedule 1. 2 National symbols (1) The national flag of the REPUBLIC shall be the flag the design of which is determined by the President by proclamation in the Gazette.

5 (2) The national anthem of the REPUBLIC shall be as determined by the President by proclamation in the Gazette. (3) The coat of arms of the REPUBLIC and the seal of the REPUBLIC under the previous CONSTITUTION shall be the national coat of arms of the REPUBLIC and the seal of the REPUBLIC under this CONSTITUTION . 3 Languages (1) Afrikaans, English, isiNdebele, Sesotho sa Leboa, file:///C|/gmmwork/TES/ ,%20 ACT%20200%20OF% (2 of 149) [17/07/06 07:13:47 PM]. file:///C|/gmmwork/TES/Mahesh/CONSTITUTI ON%20OF%20 THE% ,%20 ACT%20200%20OF% Sesotho, siSwati, Xitsonga, 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. (2) Rights relating to language and the status of languages existing at the commencement of this CONSTITUTION shall not be diminished, and provision shall be made by an Act of Parliament for rights relating to language and the status of languages existing only at regional level, to be extended nationally in accordance with the principles set out in subsection (9).

6 (3) Wherever practicable, a person shall have the right to use and to be addressed in his or her dealings with any public administration at the national level of government in any official SOUTH African language of his or her choice. (4) Regional differentiation in relation to language policy and practice shall be permissible. (5) A provincial legislature may, by a resolution adopted by a majority of at least two-thirds of all its members, declare any language referred to in subsection (1) to be an official language for the whole or any part of the province and for any or all powers and functions within the competence of that legislature, save that neither the rights relating to language nor the status of an official language as existing in any area or in relation to any function at the time of the commencement of this Constitu tion, shall be diminished. (6) Wherever practicable, a person shall have the right to use and to be addressed in his or her dealings with any public administration at the provincial level of government in any one of the official languages of his or her choice as contemplated in subsection (5).

7 (7) A member of Parliament may address Parliament in the official SOUTH African language of his or her choice. (8) Parliament and any provincial legislature may, subject to this section, make provision by legislation for the use of official languages for the purposes of the functioning of government, taking into account questions of usage, practicality and expense. (9) Legislation, as well as official policy and practice, in relation to the use of languages at any level of government shall be subject to and based on the provisions of this section and the following principles: (a) The creation of conditions for the development and for the promotion of the equal use and enjoyment of all official SOUTH African languages;. (b) the extension of those rights relating to language and the status of languages which at the commencement of this CONSTITUTION are restricted to certain regions.

8 (c) the prevention of the use of any language for the purposes of exploitation, domination or division;. (d) the promotion of multilingualism and the provision of translation facilities;. file:///C|/gmmwork/TES/ ,%20 ACT%20200%20OF% (3 of 149) [17/07/06 07:13:47 PM]. file:///C|/gmmwork/TES/Mahesh/CONSTITUTI ON%20OF%20 THE% ,%20 ACT%20200%20OF% (e) the fostering of respect for languages spoken in the REPUBLIC other than the official languages, and the encour agement of their use in appropriate circumstances; and (f) the non-diminution of rights relating to language and the status of languages existing at the commencement of this CONSTITUTION . (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.

9 (b) The Pan SOUTH African Language Board shall be consulted, and be given the opportunity to make recommendations, in relation to any proposed legislation contemplated in this section. (c) The Pan SOUTH African Language Board shall be responsi ble for promoting respect for and the development of German, Greek, Gujerati, Hindi, Portuguese, Tamil, Telegu, Urdu and other languages used by communities in SOUTH africa , as well as Arabic, Hebrew and Sanskrit and other languages used for religious purposes. 4 Supremacy of the CONSTITUTION (1) This CONSTITUTION shall be the supreme law of the REPUBLIC and any law or act inconsistent with its provisions shall, unless otherwise provided expressly or by necessary implication in this CONSTITUTION , be of no force and effect to the extent of the inconsistency. (2) This CONSTITUTION shall bind all legislative, executive and judicial organs of state at all levels of government.

10 CHAPTER 2. CITIZENSHIP AND FRANCHISE (ss. 5-6). 5 Citizenship (1) There shall be a SOUTH African citizenship. (2) SOUTH African citizenship and the acquisition, loss and restoration of SOUTH African citizenship shall, subject to section 20 read with section 33 (1), be regulated by an Act of Parliament. (3) Every person who is a SOUTH African citizen shall, subject to this CONSTITUTION , be entitled to enjoy all rights, privileges and benefits of SOUTH African citizenship, and shall be subject to all duties, obligations and responsibilities of SOUTH African citizenship as are accorded or imposed upon him or her in terms of this CONSTITUTION or an Act of Parliament. 6 The franchise Every person who is- (a) (i) a SOUTH African citizen; or (ii) not such a citizen but who in terms of an Act file:///C|/gmmwork/TES/ ,%20 ACT%20200%20OF% (4 of 149) [17/07/06 07:13:47 PM]. file:///C|/gmmwork/TES/Mahesh/CONSTITUTI ON%20OF%20 THE% ,%20 ACT%20200%20OF% of Parliament has been accorded the right to exercise the franchise.