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The
Constitution
OF THE REPUBLIC OF SOUTH AFRICA, 1996

As adopted on 8 May 1996 and amended
on 11 October 1996 by the Constitutional Assembly

ISBN 978-0-621-39063-6

CONSTITUTION OF THE
REPUBLIC OF SOUTH AFRICA
(Manner of reference to the Act, previously “Constitution of the Republic of South Africa, Act 108 of 1996”,
substituted by s
...
5 of 2005)
[Assented to 16 December 1996]
[DATE OF PROMULGATION: 18 DECEMBER, 1996]
[DATE OF COMMENCEMENT: 4 FEBRUARY, 1997]
(unless otherwise indicated - see also s
...
26 of 26 April, 2001, the administration of this Act has been assigned to the
Minister for Justice and Constitutional Development
...


CONTENTS
PREAMBLE

1

CHAPTER 1
Founding Provisions

3

CHAPTER 2
Bill of Rights

5

CHAPTER 3
Co-operative Government

21

CHAPTER 4
Parliament

23

CHAPTER 5
The President and National Executive

46

CHAPTER 6
Provinces

53

CHAPTER 7
Local Government

74

CHAPTER 8
Courts and Administration of Justice

82

CHAPTER 9
State Institutions Supporting Constitutional Democracy

92

CHAPTER 10 99
Public Administration
CHAPTER 11 103
Security Services
CHAPTER 12 109
Traditional Leaders
CHAPTER 13 110
Finance

CHAPTER 14 120
General Provisions
SCHEDULE 1

National Flag 124

SCHEDULE 1A Geographical Areas of Provinces 125
SCHEDULE 2

Oaths and Solemn Affirmations 128

SCHEDULE 3

Election Procedures 131

SCHEDULE 4 Functional Areas of Concurrent

National and Provincial Legislative
Competence

135

SCHEDULE 5


Functional Areas of Exclusive Provincial
Legislative Competence

138

SCHEDULE 6

Transitional Arrangements

140

SCHEDULE 6A




[Schedule 6A inserted by s
...
6 of the Constitution
Fourteenth Amendment Act of 2008
...
2 of the Constitution Eighth
Amendment Act of 2002, renumbered by s
...
5 of the Constitution
Fifteenth Amendment Act of 2008
...

We therefore, through our freely elected representatives, adopt this Constitution as the supreme
law of the Republic so as to
Heal the divisions of the past and establish a society based on democratic values, social
justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on
the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign
state in the family of nations
...

Nkosi Sikelel’ iAfrika
...

God seën Suid-Afrika
...

Mudzimu fhatutshedza Afurika
...


1

2

Chapter 1: Founding Provisions

CHAPTER 1
FOUNDING PROVISIONS
Republic of South Africa
1
...

(b) Non-racialism and non-sexism
...

(d) Universal adult suffrage, a national common voters roll, regular elections and
a multi-party system of democratic government, to ensure accountability,
responsiveness and openness
...


This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is
invalid, and the obligations imposed by it must be fulfilled
...


(1) There is a common South African citizenship
...

(3) National legislation must provide for the acquisition, loss and restoration of
citizenship
...


The national anthem of the Republic is determined by the President by proclamation
...


The national flag of the Republic is black, gold, green, white, red and blue, as described
and sketched in Schedule 1
...


(1) The official languages of the Republic are Sepedi, Sesotho, Setswana, siSwati,
Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu
...

(3) (a) The national government and provincial governments may use any particular
official languages for the purposes of government, taking into account usage,
practicality, expense, regional circumstances and the balance of the needs and
preferences of the population as a whole or in the province concerned; but the
national government and each provincial government must use at least two
official languages
...

(4) The national government and provincial governments, by legislative and other
measures, must regulate and monitor their use of official languages
...

(5) A Pan South African Language Board established by national legislation must—
(a) promote, and create conditions for, the development and use of—
(i) all official languages;
(ii) the Khoi, Nama and San languages; and
(iii) sign language; and
(b) promote and ensure respect for—
(i) all languages commonly used by communities in South Africa, including
German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and
(ii) Arabic, Hebrew, Sanskrit and other languages used for religious purposes
in South Africa
...


(1) This Bill of Rights is a cornerstone of democracy in South Africa
...

(2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights
...


Application
8
...

(2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the
extent that, it is applicable, taking into account the nature of the right and the
nature of any duty imposed by the right
...

(4) A juristic person is entitled to the rights in the Bill of Rights to the extent required by
the nature of the rights and the nature of that juristic person
...


(1) Everyone is equal before the law and has the right to equal protection and benefit of
the law
...
To
promote the achievement of equality, legislative and other measures designed

5

Chapter 2: Bill of Rights

to protect or advance persons, or categories of persons, disadvantaged by unfair
discrimination may be taken
...

(4) No person may unfairly discriminate directly or indirectly against anyone on one or
more grounds in terms of subsection (3)
...

(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless
it is established that the discrimination is fair
...


Everyone has inherent dignity and the right to have their dignity respected and protected
...


Everyone has the right to life
...


(1) Everyone has the right to freedom and security of the person, which includes the
right—
(a) not to be deprived of freedom arbitrarily or without just cause;
(b) not to be detained without trial;
(c) to be free from all forms of violence from either public or private sources;
(d) not to be tortured in any way; and
(e) not to be treated or punished in a cruel, inhuman or degrading way
...


6

Chapter 2: Bill of Rights

Slavery, servitude and forced labour
13
...


Privacy
14
...


Freedom of religion, belief and opinion
15
...

(2) Religious observances may be conducted at state or state-aided institutions,
provided that—
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary
...

(b) Recognition in terms of paragraph (a) must be consistent with this section and
the other provisions of the Constitution
...


(1) Everyone has the right to freedom of expression, which includes—
(a) freedom of the press and other media;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity; and
(d) academic freedom and freedom of scientific research
...


Assembly, demonstration, picket and petition
17
...


Freedom of association
18
...


Political rights
19
...

(2) Every citizen has the right to free, fair and regular elections for any legislative body
established in terms of the Constitution
...


Citizenship
20
...


Freedom of movement and residence
21
...

(2) Everyone has the right to leave the Republic
...

(4) Every citizen has the right to a passport
...


Every citizen has the right to choose their trade, occupation or profession freely
...


Labour relations
23
...

(2) Every worker has the right—
(a) to form and join a trade union;
(b) to participate in the activities and programmes of a trade union; and
(c) to strike
...

(4) Every trade union and every employers’ organisation has the right—
(a) to determine its own administration, programmes and activities;
(b) to organise; and
(c) to form and join a federation
...
National legislation may be enacted to regulate collective
bargaining
...

(6) National legislation may recognise union security arrangements contained in
collective agreements
...


Environment
24
...

9

Chapter 2: Bill of Rights

Property
25
...

(2) Property may be expropriated only in terms of law of general application—
(a) for a public purpose or in the public interest; and
(b) subject to compensation, the amount of which and the time and manner of
payment of which have either been agreed to by those affected or decided or
approved by a court
...

(4) For the purposes of this section—
(a) the public interest includes the nation’s commitment to land reform, and to
reforms to bring about equitable access to all South Africa’s natural resources;
and
(b) property is not limited to land
...

(6) A person or community whose tenure of land is legally insecure as a result of past
racially discriminatory laws or practices is entitled, to the extent provided by an Act
of Parliament, either to tenure which is legally secure or to comparable redress
...

(8) No provision of this section may impede the state from taking legislative and other
measures to achieve land, water and related reform, in order to redress the results

10

Chapter 2: Bill of Rights

of past racial discrimination, provided that any departure from the provisions of this
section is in accordance with the provisions of section 36(1)
...


Housing
26
...

(2) The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of this right
...
No legislation
may permit arbitrary evictions
...


(1) Everyone has the right to have access to—
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their
dependants, appropriate social assistance
...

(3) No one may be refused emergency medical treatment
...


(1) Every child has the right—
(a) to a name and a nationality from birth;
(b) to family care or parental care, or to appropriate alternative care when
removed from the family environment;
(c) to basic nutrition, shelter, basic health care services and social services;
(d) to be protected from maltreatment, neglect, abuse or degradation;
(e) to be protected from exploitative labour practices;
(f) not to be required or permitted to perform work or provide services that—
(i) are inappropriate for a person of that child’s age; or
(ii) place at risk the child’s well-being, education, physical or mental health
or spiritual, moral or social development;
11

Chapter 2: Bill of Rights

(g) not to be detained except as a measure of last resort, in which case, in addition
to the rights a child enjoys under sections 12 and 35, the child may be detained
only for the shortest appropriate period of time, and has the right to be—
(i) kept separately from detained persons over the age of 18 years; and
(ii) treated in a manner, and kept in conditions, that take account of the
child’s age;
(h) to have a legal practitioner assigned to the child by the state, and at state
expense, in civil proceedings affecting the child, if substantial injustice would
otherwise result; and
(i) not to be used directly in armed conflict, and to be protected in times of armed
conflict
...

(3) In this section “child” means a person under the age of 18 years
...


(1) Everyone has the right—
(a) to a basic education, including adult basic education; and
(b) to further education, which the state, through reasonable measures, must
make progressively available and accessible
...
In order to ensure the effective access to, and implementation of, this
right, the state must consider all reasonable educational alternatives, including
single medium institutions, taking into account—
(a) equity;
(b) practicability; and
(c) the need to redress the results of past racially discriminatory laws and
practices
...

12

Chapter 2: Bill of Rights

(4) Subsection (3) does not preclude state subsidies for independent educational
institutions
...


Everyone has the right to use the language and to participate in the cultural life of their
choice, but no one exercising these rights may do so in a manner inconsistent with any
provision of the Bill of Rights
...


(1) Persons belonging to a cultural, religious or linguistic community may not be denied
the right, with other members of that community—
(a) to enjoy their culture, practise their religion and use their language; and
(b) to form, join and maintain cultural, religious and linguistic associations and
other organs of civil society
...


Access to information
32
...

(2) National legislation must be enacted to give effect to this right, and may provide
for reasonable measures to alleviate the administrative and financial burden on the
state
...


(1) Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair
...

(3) National legislation must be enacted to give effect to these rights, and must—

13

Chapter 2: Bill of Rights

(a) provide for the review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
(b) impose a duty on the state to give effect to the rights in subsections (1) and
(2); and
(c) promote an efficient administration
...


Everyone has the right to have any dispute that can be resolved by the application of law
decided in a fair public hearing before a court or, where appropriate, another independent
and impartial tribunal or forum
...


(1) Everyone who is arrested for allegedly committing an offence has the right—
(a) to remain silent;
(b) to be informed promptly—
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;
(c) not to be compelled to make any confession or admission that could be used in
evidence against that person;
(d) to be brought before a court as soon as reasonably possible, but not later
than—
(i) 48 hours after the arrest; or
(ii) the end of the first court day after the expiry of the 48 hours, if the 48
hours expire outside ordinary court hours or on a day which is not an
ordinary court day;
(e) at the first court appearance after being arrested, to be charged or to be
informed of the reason for the detention to continue, or to be released; and
(f) to be released from detention if the interests of justice permit, subject to
reasonable conditions
...

(3) Every accused person has a right to a fair trial, which includes the right—
(a) to be informed of the charge with sufficient detail to answer it;
(b) to have adequate time and facilities to prepare a defence;
(c) to a public trial before an ordinary court;
(d) to have their trial begin and conclude without unreasonable delay;
(e) to be present when being tried;
(f) to choose, and be represented by, a legal practitioner, and to be informed of
this right promptly;
(g) to have a legal practitioner assigned to the accused person by the state and
at state expense, if substantial injustice would otherwise result, and to be
informed of this right promptly;
(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;
(i) to adduce and challenge evidence;
(j) not to be compelled to give self-incriminating evidence;
(k) to be tried in a language that the accused person understands or, if that is not
practicable, to have the proceedings interpreted in that language;
(l) not to be convicted for an act or omission that was not an offence under either
national or international law at the time it was committed or omitted;
(m) not to be tried for an offence in respect of an act or omission for which that
person has previously been either acquitted or convicted;

15

Chapter 2: Bill of Rights

(n) to the benefit of the least severe of the prescribed punishments if the
prescribed punishment for the offence has been changed between the time
that the offence was committed and the time of sentencing; and
(o) of appeal to, or review by, a higher court
...

(5) Evidence obtained in a manner that violates any right in the Bill of Rights must be
excluded if the admission of that evidence would render the trial unfair or otherwise
be detrimental to the administration of justice
...


(1) The rights in the Bill of Rights may be limited only in terms of law of general
application to the extent that the limitation is reasonable and justifiable in an open
and democratic society based on human dignity, equality and freedom, taking into
account all relevant factors, including—
(a) the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relation between the limitation and its purpose; and
(e) less restrictive means to achieve the purpose
...


States of emergency
37
...

(2) A declaration of a state of emergency, and any legislation enacted or other action
taken in consequence of that declaration, may be effective only—
(a) prospectively; and
(b) for no more than 21 days from the date of the declaration, unless the National
Assembly resolves to extend the declaration
...

16

Chapter 2: Bill of Rights

The first extension of the state of emergency must be by a resolution adopted
with a supporting vote of a majority of the members of the Assembly
...
A resolution in
terms of this paragraph may be adopted only following a public debate in the
Assembly
...

(4) Any legislation enacted in consequence of a declaration of a state of emergency may
derogate from the Bill of Rights only to the extent that—
(a) the derogation is strictly required by the emergency; and
(b) the legislation—
(i) is consistent with the Republic’s obligations under international law
applicable to states of emergency;
(ii) conforms to subsection (5); and
(iii) is published in the national Government Gazette as soon as reasonably
possible after being enacted
...


17

Chapter 2: Bill of Rights

Table of Non-Derogable Rights
1

2

3

Section
number

Section title

Extent to which the right is protected

9

Equality

With respect to unfair discrimination solely on the grounds
of race, colour, ethnic or social origin, sex, religion or
language
...


13

Slavery, servitude
and forced labour

With respect to slavery and servitude

28

Children

With respect to:
–
–
–

35

Arrested, detained
and accused persons

subsection (1)(d) and (e);
the rights in subparagraphs (i) and (ii) of subsection
(1)(g); and
subsection 1(i) in respect of children of 15 years
and younger
...


(6) Whenever anyone is detained without trial in consequence of a derogation of rights
resulting from a declaration of a state of emergency, the following conditions must
be observed:

18

Chapter 2: Bill of Rights

(a) An adult family member or friend of the detainee must be contacted as soon as
reasonably possible, and informed that the person has been detained
...

(c) The detainee must be allowed to choose, and be visited at any reasonable time
by, a medical practitioner
...

(e) A court must review the detention as soon as reasonably possible, but no
later than 10 days after the date the person was detained, and the court must
release the detainee unless it is necessary to continue the detention to restore
peace and order
...

(g) The detainee must be allowed to appear in person before any court considering
the detention, to be represented by a legal practitioner at those hearings, and
to make representations against continued detention
...

(7) If a court releases a detainee, that person may not be detained again on the same
grounds unless the state first shows a court good cause for re-detaining that person
...

Instead, the state must comply with the standards binding on the Republic under
international humanitarian law in respect of the detention of such persons
...


Anyone listed in this section has the right to approach a competent court, alleging that
a right in the Bill of Rights has been infringed or threatened, and the court may grant
appropriate relief, including a declaration of rights
...


Interpretation of Bill of Rights
39
...

(2) When interpreting any legislation, and when developing the common law or
customary law, every court, tribunal or forum must promote the spirit, purport and
objects of the Bill of Rights
...


20

Chapter 3: Co-operative Government

CHAPTER 3
CO-OPERATIVE GOVERNMENT
Government of the Republic
40
...

(2) All spheres of government must observe and adhere to the principles in this Chapter
and must conduct their activities within the parameters that the Chapter provides
...


(1) All spheres of government and all organs of state within each sphere must—
(a) preserve the peace, national unity and the indivisibility of the Republic;
(b) secure the well-being of the people of the Republic;
(c) provide effective, transparent, accountable and coherent government for the
Republic as a whole;
(d) be loyal to the Constitution, the Republic and its people;
(e) respect the constitutional status, institutions, powers and functions of
government in the other spheres;
(f) not assume any power or function except those conferred on them in terms of
the Constitution;
(g) exercise their powers and perform their functions in a manner that does
not encroach on the geographical, functional or institutional integrity of
government in another sphere; and
(h) co-operate with one another in mutual trust and good faith by—
(i) fostering friendly relations;
(ii) assisting and supporting one another;
(iii) informing one another of, and consulting one another on, matters of
common interest;
(iv) co-ordinating their actions and legislation with one another;
(v) adhering to agreed procedures; and
(vi) avoiding legal proceedings against one another
...

(3) An organ of state involved in an intergovernmental dispute must make every
reasonable effort to settle the dispute by means of mechanisms and procedures
provided for that purpose, and must exhaust all other remedies before it approaches
a court to resolve the dispute
...


22

Chapter 4: Parliament

CHAPTER 4
PARLIAMENT
Composition of Parliament
42
...

(2) The National Assembly and the National Council of Provinces participate in the
legislative process in the manner set out in the Constitution
...
It does this by choosing the President, by
providing a national forum for public consideration of issues, by passing legislation
and by scrutinizing and overseeing executive action
...
It does
this mainly by participating in the national legislative process and by providing a
national forum for public consideration of issues affecting the provinces
...

(6) The seat of Parliament is Cape Town, but an Act of Parliament enacted in accordance
with section 76(1) and (5) may determine that the seat of Parliament is elsewhere
...


In the Republic, the legislative authority—
(a) of the national sphere of government is vested in Parliament, as set out in
section 44;
(b) of the provincial sphere of government is vested in the provincial legislatures,
as set out in section 104; and
(c) of the local sphere of government is vested in the Municipal Councils, as set out
in section 156
...


(1) The national legislative authority as vested in Parliament—
(a) confers on the National Assembly the power—
(i) to amend the Constitution;
(ii) to pass legislation with regard to any matter, including a matter within a
functional area listed in Schedule 4, but excluding, subject to subsection
(2), a matter within a functional area listed in Schedule 5; and
(iii) to assign any of its legislative powers, except the power to amend the
Constitution, to any legislative body in another sphere of government;
and
(b) confers on the National Council of Provinces the power—
(i) to participate in amending the Constitution in accordance with section
74;
(ii) to pass, in accordance with section 76, legislation with regard to any
matter within a functional area listed in Schedule 4 and any other matter
required by the Constitution to be passed in accordance with section 76;
and
(iii) to consider, in accordance with section 75, any other legislation passed
by the National Assembly
...

(3) Legislation with regard to a matter that is reasonably necessary for, or incidental to,
the effective exercise of a power concerning any matter listed in Schedule 4 is, for all
purposes, legislation with regard to a matter listed in Schedule 4
...


24

Chapter 4: Parliament

Joint rules and orders and joint committees
45
...

(2) Cabinet members, members of the National Assembly and delegates to the National
Council of Provinces have the same privileges and immunities before a joint
committee of the Assembly and the Council as they have before the Assembly or the
Council
...


(1) The National Assembly consists of no fewer than 350 and no more than 400 women
and men elected as members in terms of an electoral system that—
(a) is prescribed by national legislation;
(b) is based on the national common voters roll;
(c) provides for a minimum voting age of 18 years; and
(d) results, in general, in proportional representation
...

[Sub-s
...
1 of the Constitution Tenth Amendment Act of 2003 and by s
...
]

Membership
47
...
A
disqualification under this paragraph ends five years after the sentence has
been completed
...

(3) A person loses membership of the National Assembly if that person—
(a) ceases to be eligible; or
(b) is absent from the Assembly without permission in circumstances for which
the rules and orders of the Assembly prescribe loss of membership; or
(c) ceases to be a member of the party that nominated that person as a member
of the Assembly
...
(3) substituted by s
...
2 of the
Constitution Fifteenth Amendment Act of 2008
...


Oath or affirmation
48
...


Duration of National Assembly
49
...

(2) If the National Assembly is dissolved in terms of section 50, or when its term expires,
the President, by proclamation must call and set dates for an election, which must
be held within 90 days of the date the Assembly was dissolved or its term expired
...

[Sub-s
...
1 of the Constitution Fifth Amendment Act of 1999
...

(4) The National Assembly remains competent to function from the time it is dissolved
or its term expires, until the day before the first day of polling for the next Assembly
...


(1) The President must dissolve the National Assembly if—
(a) the Assembly has adopted a resolution to dissolve with a supporting vote of a
majority of its members; and
(b) three years have passed since the Assembly was elected
...


Sittings and recess periods
51
...
The Assembly may determine the time and
duration of its other sittings and its recess periods
...
(1) substituted by s
...
]

(2) The President may summon the National Assembly to an extraordinary sitting at any
time to conduct special business
...


Speaker and Deputy Speaker
52
...

(2) The Chief Justice must preside over the election of a Speaker, or designate another
judge to do so
...

[Sub-s
...
2 of the Constitution Sixth Amendment Act of 2001
...

(4) The National Assembly may remove the Speaker or Deputy Speaker from office by
resolution
...

28

Chapter 4: Parliament

(5) In terms of its rules and orders, the National Assembly may elect from among its
members other presiding officers to assist the Speaker and the Deputy Speaker
...


(1) Except where the Constitution provides otherwise—
(a) a majority of the members of the National Assembly must be present before a
vote may be taken on a Bill or an amendment to a Bill;
(b) at least one third of the members must be present before a vote may be taken
on any other question before the Assembly; and
(c) all questions before the Assembly are decided by a majority of the votes cast
...


Rights of certain Cabinet members and Deputy Ministers in the National
Assembly
54
...

[S
...
3 of the Constitution Sixth Amendment Act of 2001
...


(1) In exercising its legislative power, the National Assembly may—
(a) consider, pass, amend or reject any legislation before the Assembly; and
(b) initiate or prepare legislation, except money Bills
...


Evidence or information before National Assembly
56
...


Internal arrangements, proceedings and procedures of National
Assembly
57
...

(2) The rules and orders of the National Assembly must provide for—
(a) the establishment, composition, powers, functions, procedures and duration of
its committees;
(b) the participation in the proceedings of the Assembly and its committees of
minority parties represented in the Assembly, in a manner consistent with
democracy;
(c) financial and administrative assistance to each party represented in the
Assembly in proportion to its representation, to enable the party and its leader
to perform their functions in the Assembly effectively; and
(d) the recognition of the leader of the largest opposition party in the Assembly as
the Leader of the Opposition
...


(1) Cabinet members, Deputy Ministers and members of the National Assembly—
(a) have freedom of speech in the Assembly and in its committees, subject to its
rules and orders; and
(b) are not liable to civil or criminal proceedings, arrest, imprisonment or damages
for—
(i) anything that they have said in, produced before or submitted to the
Assembly or any of its committees; or
(ii) anything revealed as a result of anything that they have said in,
produced before or submitted to the Assembly or any of its committees
...

(3) Salaries, allowances and benefits payable to members of the National Assembly are
a direct charge against the National Revenue Fund
...
58 amended by s
...
]

Public access to and involvement in National Assembly
59
...

(2) The National Assembly may not exclude the public, including the media, from a
sitting of a committee unless it is reasonable and justifiable to do so in an open and
democratic society
...


(1) The National Council of Provinces is composed of a single delegation from each
province consisting of ten delegates
...

(3) The Premier of a province, or if the Premier is not available, a member of the
province’s delegation designated by the Premier, heads the delegation
...



(1) Parties represented in a provincial legislature are entitled to delegates in the
province’s delegation in accordance with the formula set out in Part B of Schedule 3
...

(b) ……
...
(b) omitted by s
...
]
[Sub-s
...
1 of the Constitution Ninth Amendment Act of 2002 and by s
...
]

(3) The national legislation envisaged in subsection (2)(a) must ensure the
participation of minority parties in both the permanent and special delegates’
components of the delegation in a manner consistent with democracy
...


Permanent delegates
62
...

(2) If a person who is a member of a provincial legislature is appointed as a permanent
delegate, that person ceases to be a member of the legislature
...

(b) ……
[Para
...
2 of the Constitution Fourteenth Amendment Act of 2008
...
(3) substituted by s
...

2 of the Constitution Fourteenth Amendment Act of 2008
...

(5) Vacancies among the permanent delegates must be filled in terms of national
legislation
...


33

Chapter 4: Parliament

Sittings of National Council
63
...

(2) The President may summon the National Council of Provinces to an extraordinary
sitting at any time to conduct special business
...


Chairperson and Deputy Chairpersons
64
...

(2) The Chairperson and one of the Deputy Chairpersons are elected from among the
permanent delegates for five years unless their terms as delegates expire earlier
...

(4) The Chief Justice must preside over the election of the Chairperson, or designate
another judge to do so
...

[Sub-s
...
5 of the Constitution Sixth Amendment Act of 2001
...

(6) The National Council of Provinces may remove the Chairperson or a Deputy
Chairperson from office
...


Decisions
65
...

(2) An Act of Parliament, enacted in accordance with the procedure established by
either subsection (1) or subsection (2) of section 76, must provide for a uniform
procedure in terms of which provincial legislatures confer authority on their
delegations to cast votes on their behalf
...


(1) Cabinet members and Deputy Ministers may attend, and may speak in, the National
Council of Provinces, but may not vote
...


Participation by local government representatives
67
...


Powers of National Council
68
...


Evidence or information before National Council
69
...


Internal arrangements, proceedings and procedures of National Council
70
...

(2) The rules and orders of the National Council of Provinces must provide for—
(a) the establishment, composition, powers, functions, procedures and duration of
its committees;
(b) the participation of all the provinces in its proceedings in a manner consistent
with democracy; and
(c) the participation in the proceedings of the Council and its committees of
minority parties represented in the Council, in a manner consistent with
democracy, whenever a matter is to be decided in accordance with section 75
...


(1) Delegates to the National Council of Provinces and the persons referred to in
sections 66 and 67—
(a) have freedom of speech in the Council and in its committees, subject to its
rules and orders; and
(b) are not liable to civil or criminal proceedings, arrest, imprisonment or damages
for—
(i) anything that they have said in, produced before or submitted to the
Council or any of its committees; or
(ii) anything revealed as a result of anything that they have said in,
produced before or submitted to the Council or any of its committees
...

(3) Salaries, allowances and benefits payable to permanent members of the National
Council of Provinces are a direct charge against the National Revenue Fund
...


(1) The National Council of Provinces must—
(a) facilitate public involvement in the legislative and other processes of the
Council and its committees; and
(b) conduct its business in an open manner, and hold its sittings, and those of its
committees, in public, but reasonable measures may be taken—
(i) to regulate public access, including access of the media, to the Council
and its committees; and
(ii) to provide for the searching of any person and, where appropriate, the
refusal of entry to, or the removal of, any person
...


National Legislative Process

All Bills
73
...

(2) Only a Cabinet member or a Deputy Minister, or a member or committee of the
National Assembly, may introduce a Bill in the Assembly, but only the Cabinet
member responsible for national financial matters may introduce the following Bills
in the Assembly:
(a) a money Bill; or
(b) a Bill which provides for legislation envisaged in section 214
...


[Sub-s
...
1(a) of the Constitution Seventh Amendment Act of 2001
...
(3) substituted by s
...
]

37

Chapter 4: Parliament




(4) Only a member or committee of the National Council of Provinces may introduce a
Bill in the Council
...
A Bill passed by the Council must
be referred to the Assembly
...









(1) Section 1 and this subsection may be amended by a Bill passed by—
(a) the National Assembly, with a supporting vote of at least 75 per cent of its
members; and
(b) the National Council of Provinces, with a supporting vote of at least six
provinces
...

(3) Any other provision of the Constitution may be amended by a Bill passed—
(a) by the National Assembly, with a supporting vote of at least two thirds of its
members; and
(b) also by the National Council of Provinces, with a supporting vote of at least six
provinces, if the amendment—

(i) relates to a matter that affects the Council;

(ii) alters provincial boundaries, powers, functions or institutions; or

(iii) amends a provision that deals specifically with a provincial matter
...

(5) At least 30 days before a Bill amending the Constitution is introduced in terms of
section 73(2), the person or committee intending to introduce the Bill must—
(a) publish in the national Government Gazette, and in accordance with the rules
and orders of the National Assembly, particulars of the proposed amendment
for public comment;
(b) submit, in accordance with the rules and orders of the Assembly, those
particulars to the provincial legislatures for their views; and

38

Chapter 4: Parliament



(6)



(7)



(8)



(9)

(c) submit, in accordance with the rules and orders of the National Council of
Provinces, those particulars to the Council for a public debate, if the proposed
amendment is not an amendment that is required to be passed by the Council
...

A Bill amending the Constitution may not be put to the vote in the National
Assembly within 30 days of—
(a) its introduction, if the Assembly is sitting when the Bill is introduced; or
(b) its tabling in the Assembly, if the Assembly is in recess when the Bill is
introduced
...

A Bill amending the Constitution that has been passed by the National Assembly
and, where applicable, by the National Council of Provinces, must be referred to the
President for assent
...


(1) When the National Assembly passes a Bill other than a Bill to which the procedure
set out in section 74 or 76 applies, the Bill must be referred to the National Council
of Provinces and dealt with in accordance with the following procedure:
(a) The Council must—
(i) pass the Bill;
(ii) pass the Bill subject to amendments proposed by it; or
(iii) reject the Bill
...


39

Chapter 4: Parliament



(c) If the Council rejects the Bill or passes it subject to amendments, the Assembly
must reconsider the Bill, taking into account any amendment proposed by the
Council, and may—
(i) pass the Bill again, either with or without amendments; or
(ii) decide not to proceed with the Bill
...

(2) When the National Council of Provinces votes on a question in terms of this section,
section 65 does not apply; instead—
(a) each delegate in a provincial delegation has one vote;
(b) at least one third of the delegates must be present before a vote may be taken
on the question; and
(c) the question is decided by a majority of the votes cast, but if there is an equal
number of votes on each side of the question, the delegate presiding must cast
a deciding vote
...


(1) When the National Assembly passes a Bill referred to in subsection (3), (4) or (5),
the Bill must be referred to the National Council of Provinces and dealt with in
accordance with the following procedure:
(a) The Council must—
(i) pass the Bill;
(ii) pass an amended Bill; or
(iii) reject the Bill
...

(c) If the Council passes an amended Bill, the amended Bill must be referred to the
Assembly, and if the Assembly passes the amended Bill, it must be submitted
to the President for assent
...

(e) If the Mediation Committee is unable to agree within 30 days of the Bill’s
referral to it, the Bill lapses unless the Assembly again passes the Bill, but with
a supporting vote of at least two thirds of its members
...

(g) If the Mediation Committee agrees on the amended Bill as passed by the
Council, the Bill must be referred to the Assembly, and if it is passed by the
Assembly, it must be submitted to the President for assent
...

(i) If a Bill referred to the Council in terms of paragraph (f) or (h) is not passed
by the Council, the Bill lapses unless the Assembly passes the Bill with a
supporting vote of at least two thirds of its members
...

(k) A Bill passed by the Assembly in terms of paragraph (e), (i) or (j) must be
submitted to the President for assent
...

(b) A Bill passed by the Assembly in terms of paragraph (a)(i) must be submitted
to the President for assent
...

(d) If the Assembly rejects the Bill, or if the Council refuses to pass an amended Bill
referred to it in terms of paragraph (c), the Bill and, where applicable, also the
amended Bill must be referred to the Mediation Committee, which may agree
on—
(i) the Bill as passed by the Council;
(ii) the amended Bill as passed by the Assembly; or
(iii) another version of the Bill
...

(f) If the Mediation Committee agrees on the Bill as passed by the Council, the Bill
must be referred to the Assembly, and if the Assembly passes the Bill, the Bill
must be submitted to the President for assent
...

(h) If the Mediation Committee agrees on another version of the Bill, that version
of the Bill must be referred to both the Council and the Assembly, and if it is
passed by the Council and the Assembly, it must be submitted to the President
for assent
...

(3) A Bill must be dealt with in accordance with the procedure established by either
subsection (1) or subsection (2) if it falls within a functional area listed in Schedule 4
or provides for legislation envisaged in any of the following sections:
(a) Section 65(2);
(b) section 163;
(c) section 182;
(d) section 195(3) and (4);
(e) section 196; and
(f) section 197
...




(5) A Bill envisaged in section 42(6) must be dealt with in accordance with the
procedure established by subsection (1), except that—
(a) when the National Assembly votes on the Bill, the provisions of section 53(1)
do not apply; instead, the Bill may be passed only if a majority of the members
of the Assembly vote in favour of it; and
(b) if the Bill is referred to the Mediation Committee, the following rules apply:
(i) If the National Assembly considers a Bill envisaged in subsection (1)(g)
or (h), that Bill may be passed only if a majority of the members of the
Assembly vote in favour of it
...

(6) This section does not apply to money Bills
...
(b) substituted by s
...
]



Money Bills
77
...

(2) A money Bill may not deal with any other matter except—
(a) a subordinate matter incidental to the appropriation of money;
(b) the imposition, abolition or reduction of national taxes, levies, duties or
surcharges;
(c) the granting of exemption from national taxes, levies, duties or surcharges; or
(d) the authorisation of direct charges against the National Revenue Fund
...
An Act of Parliament must provide for a procedure to amend money Bills
before Parliament
...
77 substituted by s
...
]

Mediation Committee
78
...

(2) The Mediation Committee has agreed on a version of a Bill, or decided a question,
when that version, or one side of the question, is supported by—
(a) at least five of the representatives of the National Assembly; and
(b) at least five of the representatives of the National Council of Provinces
...








(1) The President must either assent to and sign a Bill passed in terms of this Chapter or,
if the President has reservations about the constitutionality of the Bill, refer it back
to the National Assembly for reconsideration
...

(3) The National Council of Provinces must participate in the reconsideration of a Bill
that the President has referred back to the National Assembly if—
(a) the President’s reservations about the constitutionality of the Bill relate to a
procedural matter that involves the Council; or
(b) section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill
...

(5) If the Constitutional Court decides that the Bill is constitutional, the President must
assent to and sign it
...







(1) Members of the National Assembly may apply to the Constitutional Court for an
order declaring that all or part of an Act of Parliament is unconstitutional
...

(3) The Constitutional Court may order that all or part of an Act that is the subject of an
application in terms of subsection (1) has no force until the Court has decided the
application if—
(a) the interests of justice require this; and
(b) the application has a reasonable prospect of success
...


Publication of Acts
81
...


Safekeeping of Acts of Parliament
82
...


45

Chapter 5: The President and National Executive

CHAPTER 5
THE PRESIDENT AND NATIONAL EXECUTIVE
The President
83
...


Powers and functions of President
84
...

(2) The President is responsible for—
(a) assenting to and signing Bills;
(b) referring a Bill back to the National Assembly for reconsideration of the Bill’s
constitutionality;
(c) referring a Bill to the Constitutional Court for a decision on the Bill’s
constitutionality;
(d) summoning the National Assembly, the National Council of Provinces or
Parliament to an extraordinary sitting to conduct special business;
(e) making any appointments that the Constitution or legislation requires the
President to make, other than as head of the national executive;
(f) appointing commissions of inquiry;
(g) calling a national referendum in terms of an Act of Parliament;
(h) receiving and recognising foreign diplomatic and consular representatives;
(i) appointing ambassadors, plenipotentiaries, and diplomatic and consular
representatives;
(j) pardoning or reprieving offenders and remitting any fines, penalties or
forfeitures; and
(k) conferring honours
...
]

46

Chapter 5: The President and National Executive

Executive authority of the Republic
85
...

(2) The President exercises the executive authority, together with the other members of
the Cabinet, by—
(a) implementing national legislation except where the Constitution or an Act of
Parliament provides otherwise;
(b) developing and implementing national policy;
(c) co-ordinating the functions of state departments and administrations;
(d) preparing and initiating legislation; and
(e) performing any other executive function provided for in the Constitution or in
national legislation
...




(1) At its first sitting after its election, and whenever necessary to fill a vacancy, the
National Assembly must elect a woman or a man from among its members to be the
President
...
The procedure set out in Part A of Schedule 3 applies to the
election of the President
...
(2) substituted by s
...
]



(3) An election to fill a vacancy in the office of President must be held at a time and on
a date determined by the Chief Justice, but not more than 30 days after the vacancy
occurs
...
(3) substituted by s
...
]

Assumption of office by President
87
...


Term of office of President
88
...

47

Chapter 5: The President and National Executive



(2) No person may hold office as President for more than two terms, but when a person
is elected to fill a vacancy in the office of President, the period between that election
and the next election of a President is not regarded as a term
...




(1) The National Assembly, by a resolution adopted with a supporting vote of at least
two thirds of its members, may remove the President from office only on the
grounds of—
(a) a serious violation of the Constitution or the law;
(b) serious misconduct; or
(c) inability to perform the functions of office
...




Acting President
90
...

(b) A Minister designated by the President
...

(d) The Speaker, until the National Assembly designates one of its other members
...

(3) Before assuming the responsibilities, powers and functions of the President, the
Acting President must swear or affirm faithfulness to the Republic and obedience to
the Constitution, in accordance with Schedule 2
...

[Sub-s
...
1 of the Constitution First Amendment Act of 1997]

48

Chapter 5: The President and National Executive

Cabinet
91
...

(2) The President appoints the Deputy President and Ministers, assigns their powers
and functions, and may dismiss them
...

(4) The President must appoint a member of the Cabinet to be the leader of
government business in the National Assembly
...


Accountability and responsibilities
92
...

(2) Members of the Cabinet are accountable collectively and individually to Parliament
for the exercise of their powers and the performance of their functions
...


Deputy Ministers
93
...

(2) Deputy Ministers appointed in terms of subsection (1)(b) are accountable to
Parliament for the exercise of their powers and the performance of their functions
...
93 substituted by s
...
]

49

Chapter 5: The President and National Executive

Continuation of Cabinet after elections
94
...


Oath or affirmation
95
...


Conduct of Cabinet members and Deputy Ministers
96
...

(2) Members of the Cabinet and Deputy Ministers may not—
(a) undertake any other paid work;
(b) act in any way that is inconsistent with their office, or expose themselves
to any situation involving the risk of a conflict between their official
responsibilities and private interests; or
(c) use their position or any information entrusted to them, to enrich themselves
or improperly benefit any other person
...


The President by proclamation may transfer to a member of the Cabinet—
(a) the administration of any legislation entrusted to another member; or
(b) any power or function entrusted by legislation to another member
...


The President may assign to a Cabinet member any power or function of another member
who is absent from office or is unable to exercise that power or perform that function
...


A Cabinet member may assign any power or function that is to be exercised or performed
in terms of an Act of Parliament to a member of a provincial Executive Council or to a
Municipal Council
...


National intervention in provincial administration
[Heading amended by s
...
]

100
...

[Sub-s
...
2(b) of the Constitution Eleventh Amendment Act of 2003
...

[Sub-s
...
2(c) of the Constitution Eleventh Amendment Act of 2003
...

[S
...
2 of the Constitution Eleventh Amendment Act of 2003
...
(1) A decision by the President must be in writing if it—
(a) is taken in terms of legislation; or
(b) has legal consequences
...


(3) Proclamations, regulations and other instruments of subordinate legislation must
be accessible to the public
...


Motions of no confidence
102
...

(2) If the National Assembly, by a vote supported by a majority of its members, passes
a motion of no confidence in the President, the President and the other members of
the Cabinet and any Deputy Ministers must resign
...
(1) The Republic has the following provinces:
(a) Eastern Cape;
(b) Free State;
(c) Gauteng;
(d) KwaZulu-Natal;
(e) Limpopo;
(f) Mpumalanga;
(g) Northern Cape;
(h) North West;
(i) Western Cape
...
(1) substituted by s
...
1 of the Constitution Twelfth Amendment Act of 2005]



(2) The geographical areas of the respective provinces comprise the sum of the
indicated geographical areas reflected in the various maps referred to in the Notice
listed in Schedule 1A
...
(2) substituted by s
...
]

(3) (a) Whenever the geographical area of a province is re-determined by an
amendment to the Constitution, an Act of Parliament may provide for
measures to regulate, within a reasonable time, the legal, practical and any
other consequences of the re-determination
...

[S
...
1 of the Constitution Twelfth Amendment Act of 2005
...










(1) The legislative authority of a province is vested in its provincial legislature, and
confers on the provincial legislature the power—
(a) to pass a constitution for its province or to amend any constitution passed by it
in terms of sections 142 and 143;
(b) to pass legislation for its province with regard to—
(i) any matter within a functional area listed in Schedule 4;
(ii) any matter within a functional area listed in Schedule 5;
(iii) any matter outside those functional areas, and that is expressly assigned
to the province by national legislation; and
(iv) any matter for which a provision of the Constitution envisages the
enactment of provincial legislation; and
(c) to assign any of its legislative powers to a Municipal Council in that province
...

(3) A provincial legislature is bound only by the Constitution and, if it has passed a
constitution for its province, also by that constitution, and must act in accordance
with, and within the limits of, the Constitution and that provincial constitution
...

(5) A provincial legislature may recommend to the National Assembly legislation
concerning any matter outside the authority of that legislature, or in respect of
which an Act of Parliament prevails over a provincial law
...


(1) A a provincial legislature consists of women and men elected as members in terms
of an electoral system that—
(a) is prescribed by national legislation;
(b) is based on that province’s segment of the national common voters roll;
54

Chapter 6: Provinces

(c) provides for a minimum voting age of 18 years; and
(d) results, in general, in proportional representation
...
(1) amended by s
...
3 of the
Constitution Fourteenth Amendment Act of 2008
...
The number of
members, which may differ among the provinces, must be determined in terms of a
formula prescribed by national legislation
...




(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a
member of a provincial legislature, except—
(a) anyone who is appointed by, or is in the service of, the state and receives
remuneration for that appointment or service, other than—
(i) the Premier and other members of the Executive Council of a province;
and
(ii) other office-bearers whose functions are compatible with the functions
of a member of a provincial legislature, and have been declared
compatible with those functions by national legislation;
(b) members of the National Assembly, permanent delegates to the National
Council of Provinces or members of a Municipal Council;
(c) unrehabilitated insolvents;
(d) anyone declared to be of unsound mind by a court of the Republic; or
(e) anyone who, after this section took effect, is convicted of an offence and
sentenced to more than 12 months’ imprisonment without the option of a
fine, either in the Republic, or outside the Republic if the conduct constituting
the offence would have been an offence in the Republic, but no one may be
regarded as having been sentenced until an appeal against the conviction or
sentence has been determined, or until the time for an appeal has expired
...

(2) A person who is not eligible to be a member of a provincial legislature in terms of
subsection (1)(a) or (b) may be a candidate for the legislature, subject to any limits
or conditions established by national legislation
...

[Sub-s
...
4 of the Constitution Tenth Amendment Act of 2003 and by s
...
]



(4) Vacancies in a provincial legislature must be filled in terms of national legislation
...


Before members of a provincial legislature begin to perform their functions in the
legislature, they must swear or affirm faithfulness to the Republic and obedience to the
Constitution, in accordance with Schedule 2
...
(1) A provincial legislature is elected for a term of five years
...
A proclamation calling and setting dates for
an election may be issued before or after the expiry of the term of a provincial
legislature
...
(2) substituted by s
...
]





(3) If the result of an election of a provincial legislature is not declared within the period
referred to in section 190, or if an election is set aside by a court, the President, by
proclamation, must call and set dates for another election, which must be held
within 90 days of the expiry of that period or of the date on which the election was
set aside
...


56

Chapter 6: Provinces

Dissolution of provincial legislatures before expiry of term
109
...


(2) An Acting Premier must dissolve the provincial legislature if—
(a) there is a vacancy in the office of Premier; and
(b) the legislature fails to elect a new Premier within 30 days after the vacancy
occurred
...


(1) After an election, the first sitting of a provincial legislature must take place at a time
and on a date determined by a judge designated by the Chief Justice, but not more
than 14 days after the election result has been declared
...




(2) The Premier of a province may summon the provincial legislature to an
extraordinary sitting at any time to conduct special business
...


[Sub-s
...
8 of the Constitution Sixth Amendment Act of 2001
...



(1) At the first sitting after its election, or when necessary to fill a vacancy, a provincial
legislature must elect a Speaker and a Deputy Speaker from among its members
...

The Speaker presides over the election of a Deputy Speaker
...
(2) substituted by s
...
]






(3) The procedure set out in Part A of Schedule 3 applies to the election of Speakers and
Deputy Speakers
...
A majority of the members of the legislature must be present when the
resolution is adopted
...

57

Chapter 6: Provinces

Decisions
112
...


(2) The member presiding at a meeting of a provincial legislature has no deliberative
vote, but—
(a) must cast a deciding vote when there is an equal number of votes on each side
of a question; and
(b) may cast a deliberative vote when a question must be decided with a
supporting vote of at least two thirds of the members of the legislature
...


A province’s permanent delegates to the National Council of Provinces may attend, and
may speak in, their provincial legislature and its committees, but may not vote
...


Powers of provincial legislatures
114
...


(2) A provincial legislature must provide for mechanisms—
(a) to ensure that all provincial executive organs of state in the province are
accountable to it; and
(b) to maintain oversight of—
(i) the exercise of provincial executive authority in the province, including
the implementation of legislation; and
(ii) any provincial organ of state
...
A provincial legislature or any of its committees may—
(a) summon any person to appear before it to give evidence on oath or
affirmation, or to produce documents;
(b) require any person or provincial institution to report to it;
(c) compel, in terms of provincial legislation or the rules and orders, any
person or institution to comply with a summons or requirement in terms of
paragraph (a) or (b); and
(d) receive petitions, representations or submissions from any interested
persons or institutions
...
(1) A provincial legislature may—
(a) determine and control its internal arrangements, proceedings and procedures;
and
(b) make rules and orders concerning its business, with due regard to
representative and participatory democracy, accountability, transparency and
public involvement
...


59

Chapter 6: Provinces

Privilege
117
...

(2) Other privileges and immunities of a provincial legislature and its members may be
prescribed by national legislation
...


Public access to and involvement in provincial legislatures
118
...


(2) A provincial legislature may not exclude the public, including the media, from a
sitting of a committee unless it is reasonable and justifiable to do so in an open and
democratic society
...


Only members of the Executive Council of a province or a committee or member of a
provincial legislature may introduce a Bill in the legislature; but only the member of the
Executive Council who is responsible for financial matters in the province may introduce a
money Bill in the legislature
...
(1) A Bill is a money Bill if it—
(a) appropriates money;
(b) imposes provincial taxes, levies, duties or surcharges;
(c) abolishes or reduces, or grants exemptions from, any provincial taxes, levies,
duties or surcharges; or
(d) authorises direct charges against a Provincial Revenue Fund
...


(3) A provincial Act must provide for a procedure by which the province’s legislature
may amend a money Bill
...
120 substituted by s
...
]

Assent to Bills
121
...

(2) If, after reconsideration, a Bill fully accommodates the Premier’s reservations, the
Premier must assent to and sign the Bill; if not, the Premier must either—
(a) assent to and sign the Bill; or
(b) refer it to the Constitutional Court for a decision on its constitutionality
...


Application by members to Constitutional Court
122
...


61

Chapter 6: Provinces







(2) An application—
(a) must be supported by at least 20 per cent of the members of the legislature;
and
(b) must be made within 30 days of the date on which the Premier assented to
and signed the Act
...

(4) If an application is unsuccessful, and did not have a reasonable prospect of success,
the Constitutional Court may order the applicants to pay costs
...


A Bill assented to and signed by the Premier of a province becomes a provincial Act, must
be published promptly and takes effect when published or on a date determined in terms
of the Act
...


The signed copy of a provincial Act is conclusive evidence of the provisions of that Act and,
after publication, must be entrusted to the Constitutional Court for safekeeping
...



(1) The executive authority of a province is vested in the Premier of that province
...

A province has executive authority in terms of subsection (2)(b) only to the extent
that the province has the administrative capacity to assume effective responsibility
...

Any dispute concerning the administrative capacity of a province in regard to any
function must be referred to the National Council of Provinces for resolution within
30 days of the date of the referral to the Council
...

The provincial executive must act in accordance with—
(a) the Constitution; and
(b) the provincial constitution, if a constitution has been passed for the province
...


A member of the Executive Council of a province may assign any power or function that
is to be exercised or performed in terms of an Act of Parliament or a provincial Act, to a
Municipal Council
...


63

Chapter 6: Provinces

Powers and functions of Premiers
127
...

(2) The Premier of a province is responsible for—
(a) assenting to and signing Bills;
(b) referring a Bill back to the provincial legislature for reconsideration of the Bill’s
constitutionality;
(c) referring a Bill to the Constitutional Court for a decision on the Bill’s
constitutionality;
(d) summoning the legislature to an extraordinary sitting to conduct special
business;
(e) appointing commissions of inquiry; and
(f) calling a referendum in the province in accordance with national legislation
...




(1) At its first sitting after its election, and whenever necessary to fill a vacancy, a
provincial legislature must elect a woman or a man from among its members to be
the Premier of the province
...
The procedure set out in Part A of Schedule 3 applies to the election of the
Premier
...
(2) substituted by s
...
]



(3) An election to fill a vacancy in the office of Premier must be held at a time and on
a date determined by the Chief Justice, but not later than 30 days after the vacancy
occurs
...
(3) substituted by s
...
]

Assumption of office by Premiers
129
...


64

Chapter 6: Provinces

Term of office and removal of Premiers
130
...

(2) No person may hold office as Premier for more than two terms, but when a person
is elected to fill a vacancy in the office of Premier, the period between that election
and the next election of a Premier is not regarded as a term
...

(4) Anyone who has been removed from the office of Premier in terms of subsection (3)
(a) or (b) may not receive any benefits of that office, and may not serve in any public
office
...





(1) When the Premier is absent or otherwise unable to fulfil the duties of the office of
Premier, or during a vacancy in the office of Premier, an office-bearer in the order
below acts as the Premier:
(a) A member of the Executive Council designated by the Premier
...

(c) The Speaker, until the legislature designates one of its other members
...

(3) Before assuming the responsibilities, powers and functions of the Premier, the
Acting Premier must swear or affirm faithfulness to the Republic and obedience to
the Constitution, in accordance with Schedule 2
...
(1) The Executive Council of a province consists of the Premier, as head of the Council,
and no fewer than five and no more than ten members appointed by the Premier
from among the members of the provincial legislature
...


Accountability and responsibilities
133
...

(2) Members of the Executive Council of a province are accountable collectively and
individually to the legislature for the exercise of their powers and the performance
of their functions
...


Continuation of Executive Councils after elections
134
...


Oath or affirmation
135
...


Conduct of members of Executive Councils
136
...

(2) Members of the Executive Council of a province may not—
(a) undertake any other paid work;
(b) act in any way that is inconsistent with their office, or expose themselves
to any situation involving the risk of a conflict between their official
responsibilities and private interests; or

66

Chapter 6: Provinces

(c) use their position or any information entrusted to them, to enrich themselves
or improperly benefit any other person
...


The Premier by proclamation may transfer to a member of the Executive Council—
(a) the administration of any legislation entrusted to another member; or
(b) any power or function entrusted by legislation to another member
...


The Premier of a province may assign to a member of the Executive Council any power or
function of another member who is absent from office or is unable to exercise that power
or perform that function
...




(1) When a municipality cannot or does not fulfil an executive obligation in terms of the
Constitution or legislation, the relevant provincial executive may intervene by taking
any appropriate steps to ensure fulfilment of that obligation, including—
(a) issuing a directive to the Municipal Council, describing the extent of the failure
to fulfil its obligations and stating any steps required to meet its obligations;
(b) assuming responsibility for the relevant obligation in that municipality to the
extent necessary to —
(i) maintain essential national standards or meet established minimum
standards for the rendering of a service;
(ii) prevent that Municipal Council from taking unreasonable action that is
prejudicial to the interests of another municipality or to the province as a
whole; or
(iii) maintain economic unity; or
(c) dissolving the Municipal Council and appointing an administrator until a
newly elected Municipal Council has been declared elected, if exceptional
circumstances warrant such a step
...

(3) If a Municipal Council is dissolved in terms of subsection (1)(c)—
(a) the provincial executive must immediately submit a written notice of the
dissolution to—
(i) the Cabinet member responsible for local government affairs; and
(ii) the relevant provincial legislature and the National Council of Provinces;
and
(b) the dissolution takes effect 14 days from the date of receipt of the notice by
the Council unless set aside by that Cabinet member or the Council before the
expiry of those 14 days
...

(5) If a municipality, as a result of a crisis in its financial affairs, is in serious or persistent
material breach of its obligations to provide basic services or to meet its financial
commitments, or admits that it is unable to meet its obligations or financial
commitments, the relevant provincial executive must—
(a) impose a recovery plan aimed at securing the municipality’s ability to meet its
obligations to provide basic services or its financial commitments, which—
(i) is to be prepared in accordance with national legislation; and
68

Chapter 6: Provinces







(ii) binds the municipality in the exercise of its legislative and executive
authority, but only to the extent necessary to solve the crisis in its
financial affairs; and
(b) dissolve the Municipal Council, if the municipality cannot or does not approve
legislative measures, including a budget or any revenue-raising measures,
necessary to give effect to the recovery plan, and—
(i) appoint an administrator until a newly elected Municipal Council has
been declared elected; and
(ii) approve a temporary budget or revenue-raising measures or any other
measures giving effect to the recovery plan to provide for the continued
functioning of the municipality; or
(c) if the Municipal Council is not dissolved in terms of paragraph (b), assume
responsibility for the implementation of the recovery plan to the extent that
the municipality cannot or does not otherwise implement the recovery plan
...

(7) If a provincial executive cannot or does not or does not adequately exercise the
powers or perform the functions referred to in subsection (4) or (5), the national
executive must intervene in terms of subsection (4) or (5) in the stead of the
relevant provincial executive
...

[S
...
4 of the Constitution Eleventh Amendment Act of 2003
...
(1) A decision by the Premier of a province must be in writing if it—
(a) is taken in terms of legislation; or
(b) has legal consequences
...


69

Chapter 6: Provinces




(3) Proclamations, regulations and other instruments of subordinate legislation of a
province must be accessible to the public
...


Motions of no confidence
141
...

(2) If a provincial legislature, by a vote supported by a majority of its members, passes a
motion of no confidence in the Premier, the Premier and the other members of the
Executive Council must resign
...


A provincial legislature may pass a constitution for the province or, where applicable,
amend its constitution, if at least two thirds of its members vote in favour of the Bill
...


(1) A provincial constitution, or constitutional amendment, must not be inconsistent
with this Constitution, but may provide for—
(a) provincial legislative or executive structures and procedures that differ from
those provided for in this Chapter; or
(b) the institution, role, authority and status of a traditional monarch,
where applicable
...


Certification of provincial constitutions
144
...

(2) No text of a provincial constitution or constitutional amendment becomes law until
the Constitutional Court has certified—
(a) that the text has been passed in accordance with section 142; and
(b) that the whole text complies with section 143
...






(1) The Premier of a province must assent to and sign the text of a provincial
constitution or constitutional amendment that has been certified by the
Constitutional Court
...

(3) The signed text of a provincial constitution or constitutional amendment is
conclusive evidence of its provisions and, after publication, must be entrusted to the
Constitutional Court for safekeeping
...



(1) This section applies to a conflict between national legislation and provincial
legislation falling within a functional area listed in Schedule 4
...


71

Chapter 6: Provinces



(3)



(4)



(5)



(6)



(7)



(8)

(b) The national legislation deals with a matter that, to be dealt with effectively,
requires uniformity across the nation, and the national legislation provides
that uniformity by establishing—
(i) norms and standards;
(ii) frameworks; or
(iii) national policies
...

National legislation prevails over provincial legislation if the national legislation is
aimed at preventing unreasonable action by a province that—
(a) is prejudicial to the economic, health or security interests of another province
or the country as a whole; or
(b) impedes the implementation of national economic policy
...

Provincial legislation prevails over national legislation if subsection (2) or (3) does
not apply
...

If the National Council of Provinces does not reach a decision within 30 days of
its first sitting after a law was referred to it, that law must be considered for all
purposes to have been approved by the Council
...

72

Chapter 6: Provinces

Other conflicts
147
...

(2) National legislation referred to in section 44(2) prevails over provincial legislation in
respect of matters within the functional areas listed in Schedule 5
...


If a dispute concerning a conflict cannot be resolved by a court, the national legislation
prevails over the provincial legislation or provincial constitution
...


A decision by a court that legislation prevails over other legislation does not invalidate that
other legislation, but that other legislation becomes inoperative for as long as the conflict
remains
...


When considering an apparent conflict between national and provincial legislation, or
between national legislation and a provincial constitution, every court must prefer any
reasonable interpretation of the legislation or constitution that avoids a conflict, over any
alternative interpretation that results in a conflict
...






(1) The local sphere of government consists of municipalities, which must be
established for the whole of the territory of the Republic
...

(3) A municipality has the right to govern, on its own initiative, the local
government affairs of its community, subject to national and provincial legislation,
as provided for in the Constitution
...


Objects of local government
152
...


(2) A municipality must strive, within its financial and administrative capacity, to
achieve the objects set out in subsection (1)
...
A municipality must—
(a) structure and manage its administration and budgeting and planning
processes to give priority to the basic needs of the community, and to promote
the social and economic development of the community; and
(b) participate in national and provincial development programmes
...




(1) The national government and provincial governments, by legislative and other
measures, must support and strengthen the capacity of municipalities to manage
their own affairs, to exercise their powers and to perform their functions
...


Establishment of municipalities
155
...

(b) Category B: A municipality that shares municipal executive and legislative
authority in its area with a category C municipality within whose area it falls
...


(2) National legislation must define the different types of municipality that may be
established within each category
...
A division of powers and functions between
a category B municipality and a category C municipality may differ from the
division of powers and functions between another category B municipality and
that category C municipality
...

75

Chapter 7: Local Government






(5) Provincial legislation must determine the different types of municipality to be
established in the province
...

(6A)
...
(6A) inserted by s
...
2 of
the Constitution Twelfth Amendment Act of 2005
...


Powers and functions of municipalities
156
...

(2) A municipality may make and administer by-laws for the effective administration of
the matters which it has the right to administer
...
If there is a conflict between a bylaw and national or provincial
legislation that is inoperative because of a conflict referred to in section 149, the
by-law must be regarded as valid for as long as that legislation is inoperative
...

(5) A municipality has the right to exercise any power concerning a matter reasonably
necessary for, or incidental to, the effective performance of its functions
...
(1) A Municipal Council consists of—
(a) members elected in accordance with subsections (2) and (3); or
(b) if provided for by national legislation—
(i) members appointed by other Municipal Councils to represent those other
Councils; or
(ii) both members elected in accordance with paragraph (a) and members
appointed in accordance with subparagraph (i) of this paragraph
...
(1) substituted by s
...
3 of the
Constitution Fifteenth Amendment Act of 2008
...

(3) An electoral system in terms of subsection (2) must result, in general, in
proportional representation
...
(3) substituted by s
...
]

(4) (a) If the electoral system includes ward representation, the delimitation of
wards must be done by an independent authority appointed in terms of,
and operating according to, procedures and criteria prescribed by national
legislation
...
(b) deleted by s
...
]
[Sub-s
...
2 of the Constitution Third Amendment Act of 1998
...

(6) The national legislation referred to in subsection (1)(b) must establish a system
that allows for parties and interests reflected within the Municipal Council making
the appointment, to be fairly represented in the Municipal Council to which the
appointment is made
...






(1) Every citizen who is qualified to vote for a Municipal Council is eligible to be a
member of that Council, except—
(a) anyone who is appointed by, or is in the service of, the municipality and
receives remuneration for that appointment or service, and who has not been
exempted from this disqualification in terms of national legislation;
(b) anyone who is appointed by, or is in the service of, the state in another sphere,
and receives remuneration for that appointment or service, and who has been
disqualified from membership of a Municipal Council in terms of national
legislation;
(c) anyone who is disqualified from voting for the National Assembly or is
disqualified in terms of section 47(1)(c), (d) or (e) from being a member of the
Assembly;
(d) a member of the National Assembly, a delegate to the National Council of
Provinces or a member of a provincial legislature; but this disqualification does
not apply to a member of a Municipal Council representing local government
in the National Council; or
(e) a member of another Municipal Council; but this disqualification
does not apply to a member of a Municipal Council representing that Council in
another Municipal Council of a different category
...

(3) Vacancies in a Municipal Council must be filled in terms of national legislation
...
(3) added by s
...
]

78

Chapter 7: Local Government

Terms of Municipal Councils
159
...

(2) If a Municipal Council is dissolved in terms of national legislation, or when its
term expires, an election must be held within 90 days of the date that Council was
dissolved or its term expired
...

[S
...
1 of the Constitution Second Amendment Act of 1998
...
(1) A Municipal Council—
(a) makes decisions concerning the exercise of all the powers and the performance
of all the functions of the municipality;
(b) must elect its chairperson;
(c) may elect an executive committee and other committees, subject to national
legislation; and
(d) may employ personnel that are necessary for the effective performance of its
functions
...

(3) (a) A majority of the members of a Municipal Council must be present before a
vote may be taken on any matter
...

(c) All other questions before a Municipal Council are decided by a majority of the
votes cast
...

(5) National legislation may provide criteria for determining—
(a) the size of a Municipal Council;
(b) whether Municipal Councils may elect an executive committee or any other
committee; or
(c) the size of the executive committee or any other committee of a Municipal
Council
...

(7) A Municipal Council must conduct its business in an open manner, and may close
its sittings, or those of its committees, only when it is reasonable to do so having
regard to the nature of the business being transacted
...


Privilege
161
...


Publication of municipal by-laws
162
...

(2) A provincial official gazette must publish a municipal by-law upon request by the
municipality
...

80

Chapter 7: Local Government

Organised local government
163
...

[S
...
4 of the Constitution Seventh Amendment Act of 2001
...


Any matter concerning local government not dealt with in the Constitution may be
prescribed by national legislation or by provincial legislation within the framework of
national legislation
...
(1) The judicial authority of the Republic is vested in the courts
...


(3) No person or organ of state may interfere with the functioning of the
courts
...


(5) An order or decision issued by a court binds all persons to whom and organs of state
to which it applies
...

[Sub-s (6) added by s
...
]

Judicial system
166
...

[Sub-s (c) and (e) substituted by s
...
]

82

Chapter 8: Courts and Administration of Justice

Constitutional Court
167
...

[Sub-s
...
11 of the Constitution Sixth Amendment Act of 2001
...

The Constitutional Court—
(a) is the highest court of the Republic; and
(b) may decide—
(i) constitutional matters; and
(ii) any other matter, if the Constitutional Court grants leave to appeal on
the grounds that the matter raises an arguable point of law of general
public importance which ought to be considered by that Court, and
(c) makes the final decision whether a matter is within its jurisdiction
...
3 of the Constitution Seventeenth Amendment Act of 2012
...

(5) The Constitutional Court makes the final decision whether an Act of Parliament, a
provincial Act or conduct of the President is constitutional, and must confirm any
order of invalidity made by the Supreme Court of Appeal, the High Court of South
Africa, or a court of similar status, before that order has any force
...
3 of the Constitution Seventeenth Amendment Act of 2012
...

(7) A constitutional matter includes any issue involving the interpretation, protection or
enforcement of the Constitution
...


(1) The Supreme Court of Appeal consists of a President, a Deputy President and the
number of judges of appeal determined in terms of an Act of Parliament
...


[Sub-s
...
12 of the Constitution Sixth Amendment Act of 2001
...
(2) substituted by s
...
]

(3) (a) The Supreme Court of Appeal may decide appeals in any matter arising from
the High Court of South Africa or a court of a status similar to the High Court
of South Africa, except in respect of labour or competition matters to such an
extent as may be determined by an Act of Parliament
...

[Sub-s (3) substituted by s
...
]

High Court of South Africa
169
...


84

Chapter 8: Courts and Administration of Justice

(2) The High Court of South Africa consists of the Divisions determined by an Act of
Parliament, which Act must provide for—
(a) the establishing of Divisions, with one or two more seats in a Division; and
(b) the assigning of jurisdiction to a Division or a seat with a Division
...

[S
...
5 of the Constitution Seventeenth Amendment Act of 2012
...


All courts other than those referred to in sections 167, 168 and 169 may decide any matter
determined by an Act of Parliament, but a court of a status lower than the High Court of
South Africa may not enquire into or rule on the constitutionality of any legislation or any
conduct of the President
...
170 substituted by s
...
]

Court procedures
171
...


Powers of courts in constitutional matters
172
...

(2) (a) The Supreme Court of Appeal, the High Court of South Africa or a court of
similar status may make an order concerning the constitutional validity of
an Act of Parliament, a provincial Act or any conduct of the President, but an
85

Chapter 8: Courts and Administration of Justice

order of constitutional invalidity has no force unless it is confirmed by the
Constitutional Court
...
7 of the Constitution Seventeenth Amendment Act of 2012
...

(c) National legislation must provide for the referral of an order of constitutional
invalidity to the Constitutional Court
...


Inherent power
173
...

[S
...
8 of the Constitution Seventeenth Amendment Act of 2012
...





(1) Any appropriately qualified woman or man who is a fit and proper person may be
appointed as a judicial officer
...

(2) The need for the judiciary to reflect broadly the racial and gender composition of
South Africa must be considered when judicial officers are appointed
...

[Sub-s
...
13 of the Constitution Sixth Amendment Act of 2001
...

(b) The President may make appointments from the list, and must advise
the Judicial Service Commission, with reasons, if any of the nominees are
unacceptable and any appointment remains to be made
...




(5) At all times, at least four members of the Constitutional Court must be persons who
were judges at the time they were appointed to the Constitutional Court
...

(7) Other judicial officers must be appointed in terms of an Act of Parliament
which must ensure that the appointment, promotion, transfer or dismissal of,
or disciplinary steps against, these judicial officers take place without favour or
prejudice
...


[Sub-s
...
13 of the Constitution Sixth Amendment Act of 2001
...


(1) The President may appoint a woman or a man to serve as an acting Deputy Chief
Justice or judge of the Constitutional Court if there is a vacancy in any of those
offices , or if the person holding such an office is absent
...

87

Chapter 8: Courts and Administration of Justice



(2) The Cabinet member responsible for the administration of justice must appoint
acting judges to other courts after consulting the senior judge of the court on which
the acting judge will serve
...
175 substituted by s
...
]

Terms of office and remuneration
176
...

[Sub-s
...
15 of the Constitution Sixth Amendment Act of 2001
...

(3) The salaries, allowances and benefits of judges may not be reduced
...
(1) A judge may be removed from office only if—
(a) the Judicial Service Commission finds that the judge suffers from an incapacity,
is grossly incompetent or is guilty of gross misconduct; and
(b) the National Assembly calls for that judge to be removed, by a resolution
adopted with a supporting vote of at least two thirds of its members
...


(3) The President, on the advice of the Judicial Service Commission, may
suspend a judge who is the subject of a procedure in terms of subsection (1)
...
(1) There is a Judicial Service Commission consisting of—
(a) the Chief Justice, who presides at meetings of the Commission;
(b) the President of the Supreme Court of Appeal;
[Para
...
16(a) of the Constitution Sixth Amendment Act of 2001
...

[Para
...
2(a) of the Constitution Second Amendment Act of 1998, by s
...
10 of the Constitution Seventeenth Amendment
Act of 2012
...
If the number of persons nominated
exceeds the number of vacancies to be filled, the President, after consulting the
relevant profession, must appoint sufficient of the nominees to fill the vacancies,
taking into account the need to ensure that those appointed represent the
profession as a whole
...
Other
members who were designated or nominated to the Commission serve until they
are replaced by those who designated or nominated them
...

(5) The Judicial Service Commission may advise the national government on any matter
relating to the judiciary or the administration of justice, but when it considers
89

Chapter 8: Courts and Administration of Justice




any matter except the appointment of a judge, it must sit without the members
designated in terms of subsection (1)(h) and (i)
...

(7) If the Chief Justice or the President of the Supreme Court of Appeal is temporarily
unable to serve on the Commission, the Deputy Chief Justice or the Deputy
President of the Supreme Court of Appeal, as the case may be, acts as his or her
alternate on the Commission
...
(7) added by s
...

16 (c) of Constitution Sixth Amendment Act of 2001
...

[Sub-s
...
2(b) of the Constitution Second Amendment Act of 1998
...




(1) There is a single national prosecuting authority in the Republic, structured in terms
of an Act of Parliament, and consisting of—
(a) a National Director of Public Prosecutions, who is the head of the prosecuting
authority, and is appointed by the President, as head of the national executive;
and
(b) Directors of Public Prosecutions and prosecutors as determined by an Act of
Parliament
...

(3) National legislation must ensure that the Directors of Public Prosecutions—
(a) are appropriately qualified; and
(b) are responsible for prosecutions in specific jurisdictions, subject to subsection
(5)
...

(5) The National Director of Public Prosecutions—
(a) must determine, with the concurrence of the Cabinet member responsible
for the administration of justice, and after consulting the Directors of Public
Prosecutions, prosecution policy, which must be observed in the prosecution
process;
(b) must issue policy directives which must be observed in the prosecution
process;
(c) may intervene in the prosecution process when policy directives are not
complied with; and
(d) may review a decision to prosecute or not to prosecute, after consulting the
relevant Director of Public Prosecutions and after taking representations within
a period specified by the National Director of Public Prosecutions, from the
following:
(i) The accused person
...

(iii) Any other person or party whom the National Director considers to be
relevant
...

(7) All other matters concerning the prosecuting authority must be determined by
national legislation
...


National legislation may provide for any matter concerning the administration of justice
that is not dealt with in the Constitution, including—
(a) training programmes for judicial officers;
(b) procedures for dealing with complaints about judicial officers; and
(c) the participation of people other than judicial officers in court decisions
...









(1) The following state institutions strengthen constitutional democracy in the
Republic:
(a) The Public Protector
...

(c) The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities
...

(e) The Auditor-General
...

(2) These institutions are independent, and subject only to the Constitution and the
law, and they must be impartial and must exercise their powers and perform their
functions without fear, favour or prejudice
...

(4) No person or organ of state may interfere with the functioning of these institutions
...


Public Protector

Functions of Public Protector
182
...

The Public Protector has the additional powers and functions prescribed by national
legislation
...

The Public Protector must be accessible to all persons and communities
...


Tenure
183
...


South African Human Rights Commission

Functions of South African Human Rights Commission
184
...


(2) The South African Human Rights Commission has the powers, as regulated by
national legislation, necessary to perform its functions, including the power—
(a) to investigate and to report on the observance of human rights;
(b) to take steps to secure appropriate redress where human rights have been
violated;
(c) to carry out research; and
(d) to educate
...


(4) The South African Human Rights Commission has the additional powers and
functions prescribed by national legislation
...







(1) The primary objects of the Commission for the Promotion and Protection of the
Rights of Cultural, Religious and Linguistic Communities are—
(a) to promote respect for the rights of cultural, religious and linguistic
communities;
(b) to promote and develop peace, friendship, humanity, tolerance and national
unity among cultural, religious and linguistic communities, on the basis of
equality, non-discrimination and free association; and
(c) to recommend the establishment or recognition, in accordance with national
legislation, of a cultural or other council or councils for a community or
communities in South Africa
...

(3) The Commission may report any matter which falls within its powers and functions
to the South African Human Rights Commission for investigation
...


Composition of Commission
186
...

(2) The composition of the Commission must—
(a) be broadly representative of the main cultural, religious and linguistic
communities in South Africa; and
(b) broadly reflect the gender composition of South Africa
...





(1) The Commission for Gender Equality must promote respect for gender equality and
the protection, development and attainment of gender equality
...

(3) The Commission for Gender Equality has the additional powers and functions
prescribed by national legislation
...








(1) The Auditor-General must audit and report on the accounts, financial
statements and financial management of—
(a) all national and provincial state departments and administrations;
(b) all municipalities; and
(c) any other institution or accounting entity required by national or provincial
legislation to be audited by the Auditor-General
...

(3) The Auditor-General must submit audit reports to any legislature that has a direct
interest in the audit, and to any other authority prescribed by national legislation
...

(4) The Auditor-General has the additional powers and functions prescribed by national
legislation
...


The Auditor-General must be appointed for a fixed, non-renewable term of between five
and ten years
...
(1) The Electoral Commission must—
(a) manage elections of national, provincial and municipal legislative bodies in
accordance with national legislation;
(b) ensure that those elections are free and fair; and
(c) declare the results of those elections within a period that must be prescribed
by national legislation and that is as short as reasonably possible
...


Composition of Electoral Commission
191
...
The number of
members and their terms of office must be prescribed by national legislation
...


National legislation must establish an independent authority to regulate broadcasting in
the public interest, and to ensure fairness and a diversity of views broadly representing
South African society
...


(1) The Public Protector and the members of any Commission established by this
Chapter must be women or men who—

96

Chapter 9: State Institutions supporting Constitutional Democracy



(2)



(3)



(4)



(5)



(6)

(a) are South African citizens;
(b) are fit and proper persons to hold the particular office; and
(c) comply with any other requirements prescribed by national legislation
...

The Auditor-General must be a woman or a man who is a South African citizen and
a fit and proper person to hold that office
...

The President, on the recommendation of the National Assembly, must appoint the
Public Protector, the Auditor-General and the members of—
(a) the South African Human Rights Commission;
(b) the Commission for Gender Equality; and
(c) the Electoral Commission
...

The involvement of civil society in the recommendation process may be provided for
as envisaged in section 59(1)(a)
...


(1) The Public Protector, the Auditor-General or a member of a Commission established
by this Chapter may be removed from office only on—
(a) the ground of misconduct, incapacity or incompetence;
(b) a finding to that effect by a committee of the National Assembly; and
(c) the adoption by the Assembly of a resolution calling for that person’s removal
from office
...

(3) The President—
(a) may suspend a person from office at any time after the start of the proceedings
of a committee of the National Assembly for the removal of that person; and
(b) must remove a person from office upon adoption by the Assembly of the
resolution calling for that person’s removal
...









(1) Public administration must be governed by the democratic values and principles
enshrined in the Constitution, including the following principles:
(a) A high standard of professional ethics must be promoted and maintained
...

(c) Public administration must be development-oriented
...

(e) People’s needs must be responded to, and the public must be encouraged to
participate in policy-making
...

(g) Transparency must be fostered by providing the public with timely, accessible
and accurate information
...

(i) Public administration must be broadly representative of the South African
people, with employment and personnel management practices based on
ability, objectivity, fairness, and the need to redress the imbalances of the past
to achieve broad representation
...

(3) National legislation must ensure the promotion of the values and principles listed in
subsection (1)
...

(5) Legislation regulating public administration may differentiate between different
sectors, administrations or institutions
...


Public Service Commission
196
...


(2) The Commission is independent and must be impartial, and must exercise its
powers and perform its functions without fear, favour or prejudice in the interest of
the maintenance of effective and efficient public administration and a high standard
of professional ethics in the public service
...


(3) Other organs of state, through legislative and other measures, must assist and
protect the Commission to ensure the independence, impartiality, dignity and
effectiveness of the Commission
...


(4) The powers and functions of the Commission are—
(a) to promote the values and principles set out in section 195, throughout the
public service;
(b) to investigate, monitor and evaluate the organisation and administration, and
the personnel practices, of the public service;
(c) to propose measures to ensure effective and efficient performance within the
public service;
(d) to give directions aimed at ensuring that personnel procedures relating to
recruitment, transfers, promotions and dismissals comply with the values and
principles set out in section 195;
(e) to report in respect of its activities and the performance of its functions,
including any finding it may make and directions and advice it may give, and
to provide an evaluation of the extent to which the values and principles set
out in section 195 are complied with; and
(f) either of its own accord or on receipt of any complaint—
(i) to investigate and evaluate the application of personnel and public
administration practices, and to report to the relevant executive
authority and legislature;
(ii) to investigate grievances of employees in the public service concerning
official acts or omissions, and recommend appropriate remedies;
100

Chapter 10: Public Administration

(iii) to monitor and investigate adherence to applicable procedures in the
public service; and
(iv) to advise national and provincial organs of state regarding personnel
practices in the public service, including those relating to the
recruitment, appointment, transfer, discharge and other aspects of the
careers of employees in the public service; and
(g) to exercise or perform the additional powers or functions prescribed by an Act
of Parliament
...
(g) added by s
...
]








(5) The Commission is accountable to the National Assembly
...

(7) The Commission has the following 14 commissioners appointed by the President:
(a) Five commissioners approved by the National Assembly in accordance with
subsection (8)(a); and
(b) one commissioner for each province nominated by the Premier of the province
in accordance with subsection (8)(b)
...

(b) A commissioner nominated by the Premier of a province must be—
(i) recommended by a committee of the provincial legislature that is
proportionally composed of members of all parties represented in the
legislature; and
(ii) approved by the legislature by a resolution adopted with a supporting
vote of a majority of its members
...

(10) A commissioner is appointed for a term of five years, which is renewable for one
additional term only, and must be a woman or a man who is—
101

Chapter 10: Public Administration







(a) a South African citizen; and
(b) a fit and proper person with knowledge of, or experience in, administration,
management or the provision of public services
...

(12) The President must remove the relevant commissioner from office upon—
(a) the adoption by the Assembly of a resolution calling for that commissioner’s
removal; or
(b) written notification by the Premier that the provincial legislature has adopted
a resolution calling for that commissioner’s removal
...


Public Service
197
...

(2) The terms and conditions of employment in the public service must be regulated
by national legislation
...

(3) No employee of the public service may be favoured or prejudiced only because that
person supports a particular political party or cause
...


102

Chapter 11: Security Services

CHAPTER 11
SECURITY SERVICES
Governing principles
198
...

(b) The resolve to live in peace and harmony precludes any South African citizen
from participating in armed conflict, nationally or internationally, except as
provided for in terms of the Constitution or national legislation
...

(d) National security is subject to the authority of Parliament and the national
executive
...









(1) The security services of the Republic consist of a single defence force, a single police
service and any intelligence services established in terms of the Constitution
...

(3) Other than the security services established in terms of the Constitution, armed
organisations or services may be established only in terms of national legislation
...

(5) The security services must act, and must teach and require their members to act, in
accordance with the Constitution and the law, including customary international
law and international agreements binding on the Republic
...

(7) Neither the security services, nor any of their members, may, in the performance of
their functions—
(a) prejudice a political party interest that is legitimate in terms of the
Constitution; or
(b) further, in a partisan manner, any interest of a political party
...


Defence

Defence force
200
...

(2) The primary object of the defence force is to defend and protect the Republic, its
territorial integrity and its people in accordance with the Constitution and the
principles of international law regulating the use of force
...
(1) A member of the Cabinet must be responsible for defence
...


(3) When the defence force is employed for any purpose mentioned in subsection (2),
the President must inform Parliament, promptly and in appropriate detail, of—
(a) the reasons for the employment of the defence force;
(b) any place where the force is being employed;
(c) the number of people involved; and
(d) the period for which the force is expected to be employed
...


Command of defence force
202
...


104

Chapter 11: Security Services



(2) Command of the defence force must be exercised in accordance with the directions
of the Cabinet member responsible for defence, under the authority of the
President
...






(1) The President as head of the national executive may declare a state of
national defence, and must inform Parliament promptly and in appropriate detail
of—
(a) the reasons for the declaration;
(b) any place where the defence force is being employed; and
(c) the number of people involved
...

(3) A declaration of a state of national defence lapses unless it is approved by
Parliament within seven days of the declaration
...


A civilian secretariat for defence must be established by national legislation to function
under the direction of the Cabinet member responsible for defence
...





(1) The national police service must be structured to function in the national, provincial
and, where appropriate, local spheres of government
...

(3) The objects of the police service are to prevent, combat and investigate crime, to
maintain public order, to protect and secure the inhabitants of the Republic and
their property, and to uphold and enforce the law
...











(1) A member of the Cabinet must be responsible for policing and must determine
national policing policy after consulting the provincial governments and taking
into account the policing needs and priorities of the provinces as determined by the
provincial executives
...

(3) Each province is entitled—
(a) to monitor police conduct;
(b) to oversee the effectiveness and efficiency of the police service, including
receiving reports on the police service;
(c) to promote good relations between the police and the community;
(d) to assess the effectiveness of visible policing; and
(e) to liaise with the Cabinet member responsible for policing with respect to
crime and policing in the province
...

(5) In order to perform the functions set out in subsection (3), a province—
(a) may investigate, or appoint a commission of inquiry into, any complaints of
police inefficiency or a breakdown in relations between the police and any
community; and
(b) must make recommendations to the Cabinet member responsible for policing
...

(7) National legislation must provide a framework for the establishment, powers,
functions and control of municipal police services
...

106

Chapter 11: Security Services



(9) A provincial legislature may require the provincial commissioner of the province to
appear before it or any of its committees to answer questions
...












(1) The President as head of the national executive must appoint a woman or a man as
the National Commissioner of the police service, to control and manage the police
service
...

(3) The National Commissioner, with the concurrence of the provincial executive, must
appoint a woman or a man as the provincial commissioner for that province, but if
the National Commissioner and the provincial executive are unable to agree on the
appointment, the Cabinet member responsible for policing must mediate between
the parties
...

(5) The provincial commissioner must report to the provincial legislature annually
on policing in the province, and must send a copy of the report to the National
Commissioner
...


Police civilian secretariat
208
...


107

Chapter 11: Security Services

Intelligence

Establishment and control of intelligence services
209
...

(2) The President as head of the national executive must appoint a woman or a man as
head of each intelligence service established in terms of subsection (1), and must
either assume political responsibility for the control and direction of any of those
services, or designate a member of the Cabinet to assume that responsibility
...


National legislation must regulate the objects, powers and functions of the intelligence
services, including any intelligence division of the defence force or police service, and must
provide for—
(a) the co-ordination of all intelligence services; and
(b) civilian monitoring of the activities of those services by an inspector appointed
by the President, as head of the national executive, and approved by a
resolution adopted by the National Assembly with a supporting vote of at least
two thirds of its members
...





(1) The institution, status and role of traditional leadership, according to customary law,
are recognised, subject to the Constitution
...

(3) The courts must apply customary law when that law is applicable, subject to the
Constitution and any legislation that specifically deals with customary law
...



(1) National legislation may provide for a role for traditional leadership as an institution
at local level on matters affecting local communities
...


109

Chapter 13: Finance

CHAPTER 13
FINANCE
General Financial Matters

National Revenue Fund
213
...

(2) Money may be withdrawn from the National Revenue Fund only—
(a) in terms of an appropriation by an Act of Parliament; or
(b) as a direct charge against the National Revenue Fund, when it is provided for in
the Constitution or an Act of Parliament
...

[Date of commencement of s
...
(1) An Act of Parliament must provide for—
(a) the equitable division of revenue raised nationally among the national,
provincial and local spheres of government;
(b) the determination of each province’s equitable share of the provincial share of
that revenue; and
(c) any other allocations to provinces, local government or municipalities from
the national government’s share of that revenue, and any conditions on which
those allocations may be made
...

[Date of commencement of s
...






(1) National, provincial and municipal budgets and budgetary processes must promote
transparency, accountability and the effective financial management of the
economy, debt and the public sector
...

(3) Budgets in each sphere of government must contain—
(a) estimates of revenue and expenditure, differentiating between capital and
current expenditure;
(b) proposals for financing any anticipated deficit for the period to which they
apply; and
(c) an indication of intentions regarding borrowing and other forms of public
liability that will increase public debt during the ensuing year
...
215: 1 January 1998
...




(1) National legislation must establish a national treasury and prescribe measures to
ensure both transparency and expenditure control in each sphere of government, by
introducing—
(a) generally recognised accounting practice;
(b) uniform expenditure classifications; and
(c) uniform treasury norms and standards
...

[Sub-s
...
5 (a) of the Constitution Seventh Amendment Act of 2001
...
This process must be completed within 30 days of the decision by
the national treasury
...

(5) Before Parliament may approve or renew a decision to stop the transfer of funds to a
province—
(a) the Auditor-General must report to Parliament; and
(b) the province must be given an opportunity to answer the allegations against
it, and to state its case, before a committee
...
(3) amended by s
...
]



Procurement
217
...

112

Chapter 13: Finance





(2) Subsection (1) does not prevent the organs of state or institutions referred to in that
subsection from implementing a procurement policy providing for—
(a) categories of preference in the allocation of contracts; and
(b) the protection or advancement of persons, or categories of persons,
disadvantaged by unfair discrimination
...

[Sub-s
...
6 of the Constitution Seventh Amendment Act of 2001
...





(1) The national government, a provincial government or a municipality may guarantee
a loan only if the guarantee complies with any conditions set out in national
legislation
...

(3) Each year, every government must publish a report on the guarantees it has
granted
...
218: 1 January 1998
...
(1) An Act of Parliament must establish a framework for determining—
(a) the salaries, allowances and benefits of members of the National
Assembly, permanent delegates to the National Council of Provinces, members
of the Cabinet, Deputy Ministers, traditional leaders and members of any
councils of traditional leaders; and
(b) the upper limit of salaries, allowances or benefits of members of provincial
legislatures, members of Executive Councils and members of Municipal
Councils of the different categories
...


(3) Parliament may pass the legislation referred to in subsection (1) only after
considering any recommendations of the commission established in terms of
subsection (2)
...

(5) National legislation must establish frameworks for determining the salaries,
allowances and benefits of judges, the Public Protector, the Auditor-General,
and members of any commission provided for in the Constitution, including the
broadcasting authority referred to in section 192
...





(1) There is a Financial and Fiscal Commission for the Republic which makes
recommendations envisaged in this Chapter, or in national legislation, to
Parliament, provincial legislatures and any other authorities determined by national
legislation
...

(3) The Commission must function in terms of an Act of Parliament and, in
performing its functions, must consider all relevant factors, including those listed in
section 214(2)
...


(1) The Commission consists of the following women and men appointed by the
President, as head of the national executive:
(a) A chairperson and a deputy chairperson;
(b) three persons selected, after consulting the Premiers, from a list compiled in
accordance with a process prescribed by national legislation;
(c) two persons selected, after consulting organised local government, from a list
compiled in accordance with a process prescribed by national legislation; and
(d) two other persons
...
2 of the Constitution Fifth Amendment Act of 1999] and substituted by s
...
]

114

Chapter 13: Finance



(1A) National legislation referred to in subsection (1) must provide for the participation
of—
(a) the Premiers in the compilation of a list envisaged in subsection (1) (b); and
(b) organised local government in the compilation of a list envisaged in subsection
(1) (c)
...

(3) Members serve for a term established in terms of national legislation
...


[Sub-s
...
7(b) of the Constitution Seventh Amendment Act of 2001
...


The Commission must report regularly both to Parliament and to the provincial
legislatures
...


The South African Reserve Bank is the central bank of the Republic and is regulated in
terms of an Act of Parliament
...




(1) The primary object of the South African Reserve Bank is to protect the value of
the currency in the interest of balanced and sustainable economic growth in the
Republic
...


115

Chapter 13: Finance

Powers and functions
225
...


Provincial and Local Financial Matters

Provincial Revenue Funds
226
...

(2) Money may be withdrawn from a Provincial Revenue Fund only—
(a) in terms of an appropriation by a provincial Act; or
(b) as a direct charge against the Provincial Revenue Fund, when it is provided for
in the Constitution or a provincial Act
...

(4) National legislation may determine a framework within which—
(a) a provincial Act may in terms of subsection (2)(b) authorise the withdrawal of
money as a direct charge against a Provincial Revenue Fund; and
(b) revenue allocated through a province to local government in that province in
terms of subsection (3) must be paid to municipalities in the province
...
(4) added by s
...
]
[Date of commencement of s
...
(1) Local government and each province—
(a) is entitled to an equitable share of revenue raised nationally to enable it to
provide basic services and perform the functions allocated to it; and
(b) may receive other allocations from national government revenue, either
conditionally or unconditionally
...
Equally, there is no obligation on the national
government to compensate provinces or municipalities that do not raise revenue
commensurate with their fiscal capacity and tax base
...

(4) A province must provide for itself any resources that it requires, in terms of a
provision of its provincial constitution, that are additional to its requirements
envisaged in the Constitution
...
227: 1 January 1998]

Provincial taxes
228
...

[Para
...
9 of the Constitution Seventh Amendment Act of 2001
...

[Date of commencement of s
...
(1) Subject to subsections (2), (3) and (4), a municipality may impose—
(a) rates on property and surcharges on fees for services provided by or on behalf
of the municipality; and
117

Chapter 13: Finance



(2)



(3)



(4)



(5)

(b) if authorised by national legislation, other taxes, levies and duties
appropriate to local government or to the category of local government into
which that municipality falls, but no municipality may impose income tax,
value-added tax, general sales tax or customs duty
...

When two municipalities have the same fiscal powers and functions with regard to
the same area, an appropriate division of those powers and functions must be made
in terms of national legislation
...

(b) The powers and functions performed by each municipality
...

(d) The effectiveness and efficiency of raising taxes, levies and duties
...

Nothing in this section precludes the sharing of revenue raised in terms of this
section between municipalities that have fiscal power and functions in the same
area
...


[Date of commencement of s
...




(1) A province may raise loans for capital or current expenditure in accordance with
national legislation, but loans for current expenditure may be raised only when
necessary for bridging purposes during a fiscal year
...

[S
...
10 of the Constitution Seventh Amendment Act of 2001
...
(1) A Municipal Council may, in accordance with national legislation—
(a) raise loans for capital or current expenditure for the municipality, but loans for
current expenditure may be raised only when necessary for bridging purposes
during a fiscal year; and
(b) bind itself and a future Council in the exercise of its legislative and executive
authority to secure loans or investments for the municipality
...

[S
...
17 of the Constitution Sixth Amendment Act of 2001
...









(1) The negotiating and signing of all international agreements is the responsibility of
the national executive
...

(3) An international agreement of a technical, administrative or executive nature, or
an agreement which does not require either ratification or accession, entered into
by the national executive, binds the Republic without approval by the National
Assembly and the National Council of Provinces, but must be tabled in the Assembly
and the Council within a reasonable time
...

(5) The Republic is bound by international agreements which were binding on the
Republic when this Constitution took effect
...


Customary international law is law in the Republic unless it is inconsistent with the
Constitution or an Act of Parliament
...


When interpreting any legislation, every court must prefer any reasonable interpretation
of the legislation that is consistent with international law over any alternative
interpretation that is inconsistent with international law
...


In order to deepen the culture of democracy established by the Constitution, Parliament
may adopt Charters of Rights consistent with the provisions of the Constitution
...


The right of the South African people as a whole to self-determination, as manifested in
this Constitution, does not preclude, within the framework of this right, recognition of the
notion of the right of self-determination of any community sharing a common cultural
and language heritage, within a territorial entity in the Republic or in any other way,
determined by national legislation
...


To enhance multi-party democracy, national legislation must provide for the funding of
political parties participating in national and provincial legislatures on an equitable and
proportional basis
...
All constitutional obligations must be performed diligently and without delay
...
An executive organ of state in any sphere of government may—
(a) delegate any power or function that is to be exercised or performed in terms
of legislation to any other executive organ of state, provided the delegation is
consistent with the legislation in terms of which the power is exercised or the
function is performed; or
(b) exercise any power or perform any function for any other executive organ of
state on an agency or delegation basis
...







In the Constitution, unless the context indicates otherwise—
“national legislation” includes—
(a) subordinate legislation made in terms of an Act of Parliament; and
(b) legislation that was in force when the Constitution took effect and that is
administered by the national government;
“organ of state” means—
(a) any department of state or administration in the national, provincial or local
sphere of government; or
(b) any other functionary or institution—
(i) exercising a power or performing a function in terms of the Constitution
or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any
legislation, but does not include a court or a judicial officer;
“provincial legislation” includes—
(a) subordinate legislation made in terms of a provincial Act; and
(b) legislation that was in force when the Constitution took effect and that is
administered by a provincial government
...


In the event of an inconsistency between different texts of the Constitution, the English
text prevails
...
Schedule 6 applies to the transition to the new constitutional order established by this
Constitution, and any matter incidental to that transition
...


The laws mentioned in Schedule 7 are repealed, subject to section 243 and Schedule 6
...









(1) This Act is called the Constitution of the Republic of South Africa, 1996, and comes
into effect as soon as possible on a date set by the President by proclamation, which
may not be a date later than 1 July 1997
...

(3) Unless the context otherwise indicates, a reference in a provision of the Constitution
to a time when the Constitution took effect must be construed as a reference to the
time when that provision took effect
...

(5) Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1
January 1998, but this does not preclude the enactment in terms of this Constitution
of legislation envisaged in any of these provisions before that date
...


123

Schedule 1: National Flag

SCHEDULE 1
National Flag
(1)
(2)
(3)

(4)
(5)
(6)

The national flag is rectangular; it is one and a half times longer than it is wide
...

It has a green Y-shaped band that is one fifth as wide as the flag
...

The green band is edged, above and below in white, and towards the flag post end, in
gold
...

The triangle next to the flag post is black
...
These bands
are each one third as wide as the flag
...
4 of the Constitution Twelfth Amendment Act of 2005 and amended by s
...
]

The Province of the Eastern Cape
[Demarcation of the Province of the Eastern Cape substituted by the Constitution Thirteenth Amendment Act of 2007
...
3 of Schedule 1 to Notice 1998 of 2005
Map No
...
7 of Schedule 2 to Notice 1998 of 2005
Map No
...
9 of Schedule 2 to Notice 1998 of 2005
Map No
...
11 of Schedule 2 to Notice 1998 of 2005
The Province of the Free State
Map No
...
13 of Schedule 2 to Notice 1998 of 2005
Map No
...
15 of Schedule 2 to Notice 1998 of 2005
Map No
...
]

Map No
...
4 substituted by s
...
]

Map No
...
18 of Schedule 2 to Notice 1998 of 2005
125

Schedule 1A: Geographical Areas of Provinces

Map No
...
20 of Schedule 2 to Notice 1998 of 2005
Map No
...
]

Map No
...
23 of Schedule 2 to Notice 1998 of 2005
Map No
...
25 of Schedule 2 to Notice 1998 of 2005
Map No
...
27 of Schedule 2 to Notice 1998 of 2005
Map No
...
29 of Schedule 2 to Notice 1998 of 2005
Map No
...
31 of Schedule 2 to Notice 1998 of 2005
Map No
...
33 of Schedule 2 to Notice 1998 of 2005
Map No
...
35 of Schedule 2 to Notice 1998 of 2005
Map No
...
37 of Schedule 2 to Notice 1998 of 2005
The Province of Mpumalanga
Map No
...
39 of Schedule 2 to Notice 1998 of 2005
Map No
...
41 of Schedule 2 to Notice 1998 of 2005
Map No
...
43 of Schedule 2 to Notice 1998 of 2005
Map No
...
45 of Schedule 2 to Notice 1998 of 2005
The Province of North West
[Demarcation of the Province of North West amended by the Constitution Sixteenth Amendment
Act of 2009
...
5 in Notice 1490 of 2008
[Reference to Map No
...
1(b) of the Constitution Sixteenth Amendment Act of 2009
...
46 of Schedule 2 to Notice 1998 of 2005
Map No
...
48 of Schedule 2 to Notice 1998 of 2005
The Province of the Western Cape
Map No
...
50 of Schedule 2 to Notice 1998 of 2005
Map No
...
52 of Schedule 2 to Notice 1998 of 2005
Map No
...
54 of Schedule 2 to Notice 1998 of 2005

127

Schedule 2: Oaths and Solemn Affirmations

SCHEDULE 2
Oaths and Solemn Affirmations
[Schedule 2 amended by s
...
18 of Constitution Sixth Amendment Act of 2001
...


The President or Acting President, before the Chief Justice, or another judge designated by
the Chief Justice, must swear/affirm as follows:



In the presence of everyone assembled here, and in full realisation of the high calling
I assume as President/Acting President of the Republic of South Africa, I, A
...
, swear/
solemnly affirm that I will be faithful to the Republic of South Africa, and will obey,
observe, uphold and maintain the Constitution and all other law of the Republic; and I
solemnly and sincerely promise that I will always—
• promote all that will advance the Republic, and oppose all that may harm it;
• protect and promote the rights of all South Africans;
• discharge my duties with all my strength and talents to the best of my
knowledge and ability and true to the dictates of my conscience;
• do justice to all; and
• devote myself to the well-being of the Republic and all of its people
...
)

Oath or solemn affirmation of Deputy President
2
...
B
...


(In the case of an oath: So help me God
...


Each Minister and Deputy Minister, before the Chief Justice or another judge designated by
the Chief Justice, must swear/affirm as follows:



I, A
...
, swear/solemnly affirm that I will be faithful to the Republic of South Africa and
will obey, respect and uphold the Constitution and all other law of the Republic; and I
undertake to hold my office as Minister/Deputy Minister with honour and dignity; to
be a true and faithful counsellor; not to divulge directly or indirectly any secret matter
entrusted to me; and to perform the functions of my office conscientiously and to the best
of my ability
...
)



Oath or solemn affirmation of members of the National Assembly,
permanent delegates to the National Council of Provinces and members
of the provincial legislatures
4
...
B
...
D
...

(In the case of an oath: So help me God
...


Oath or solemn affirmation of Premiers, Acting Premiers and members
of provincial Executive Councils
5
...
B
...
D
...

(In the case of an oath: So help me God
...


(1) Each judge or acting judge, before the Chief Justice or another judge designated by
the Chief Justice, must swear or affirm as follows:








I, A
...
, swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme
Court of Appeal/High Court/ E
...
Court, I will be faithful to the Republic of South
Africa, will uphold and protect the Constitution and the human rights entrenched in
it, and will administer justice to all persons alike without fear, favour or prejudice, in
accordance with the Constitution and the law
...
)

(2) A person appointed to the office of Chief Justice who is not already a judge at the
time of that appointment must swear or affirm before the Deputy Chief Justice, or
failing that judge, the next most senior available judge of the Constitutional Court
...

130

Schedule 3: Election Procedures

SCHEDULE 3
Election Procedures
[Schedule 3 amended by s
...
19 of the
Constitution Sixth Amendment Act of 2001, by s
...
5 of the Constitution Fourteenth Amendment Act of 2008
...


The procedure set out in this Schedule applies whenever—
(a) the National Assembly meets to elect the President, or the Speaker or Deputy
Speaker of the Assembly;
(b) the National Council of Provinces meets to elect its Chairperson or a Deputy
Chairperson; or
(c) a provincial legislature meets to elect the Premier of the province or the
Speaker or Deputy Speaker of the legislature
...


The person presiding at a meeting to which this Schedule applies must call for the
nomination of candidates at the meeting
...



(1) A nomination must be made on the form prescribed by the rules mentioned in item
9
...

131

Schedule 3: Election Procedures



(3) A person who is nominated must indicate acceptance of the nomination by signing
either the nomination form or any other form of written confirmation
...


At a meeting to which this Schedule applies, the person presiding must announce the
names of the persons who have been nominated as candidates, but may not permit any
debate
...


If only one candidate is nominated, the person presiding must declare that candidate
elected
...


If more than one candidate is nominated—
(a) a vote must be taken at the meeting by secret ballot;
(b) each member present, or if it is a meeting of the National Council of Provinces,
each province represented, at the meeting may cast one vote; and
(c) the person presiding must declare elected the candidate who receives a
majority of the votes
...




(1) If no candidate receives a majority of the votes, the candidate who receives the
lowest number of votes must be eliminated and a further vote taken on the
remaining candidates in accordance with item 6
...

(2) When applying subitem (1), if two or more candidates each have the lowest number
of votes, a separate vote must be taken on those candidates, and repeated as often
as may be necessary to determine which candidate is to be eliminated
...


(1) If only two candidates are nominated, or if only two candidates remain
after an elimination procedure has been applied, and those two candidates receive
the same number of votes, a further meeting must be held within seven days, at a
time determined by the person presiding
...


Rules
9
...

(2) These rules must be made known in the way that the Chief Justice determines
...


2
...


The number of delegates in a provincial delegation to the National Council of Provinces
to which a party is entitled, must be determined by multiplying the number of seats the
party holds in the provincial legislature by ten and dividing the result by the number of
seats in the legislature plus one
...

If the competing surpluses envisaged in item 2 are equal, the undistributed delegates
in the delegation must be allocated to the party or parties with the same surplus in the
sequence from the highest to the lowest number of votes that have been recorded for
those parties during the last election for the provincial legislature concerned
...
2 of the Constitution Fourth Amendment Act of 1999 and substituted by s
...
5(a) of the Constitution Fourteenth Amendment
Act of 2008
...


If more than one party with the same surplus recorded the same number of votes during
the last election for the provincial legislature concerned, the legislature concerned must
allocate the undistributed delegates in the delegation to the party with the same surplus
in a manner which is consistent with democracy
...
5(b) of the Constitution Fourteenth Amendment Act of 2008
...
3 of Constitution First Amendment Act of 1997, by s
...
20 of Constitution Sixth Amendment Act of 2001
...







In this Schedule, unless inconsistent with the context—
“homeland” means a part of the Republic which, before the previous Constitution took
effect, was dealt with in South African legislation as an independent or a self-governing
territory;
“new Constitution” means the Constitution of the Republic of South Africa, 1996;
“old order legislation” means legislation enacted before the previous Constitution took
effect;
“previous Constitution” means the Constitution of the Republic of South Africa, 1993 (Act
200 of 1993)
...




(1) All law that was in force when the new Constitution took effect, continues in force,
subject to—
(a) any amendment or repeal; and
(b) consistency with the new Constitution
...


140

Schedule 6: Transitional Arrangements

Interpretation of existing legislation
3
...

(2) Unless inconsistent with the context or clearly inappropriate, a reference in any
remaining old order legislation—
(a) to a Parliament, a House of a Parliament or a legislative assembly or body of
the Republic or of a homeland, must be construed as a reference to—
(i) Parliament under the new Constitution, if the administration of that
legislation has been allocated or assigned in terms of the previous
Constitution or this Schedule to the national executive; or
(ii) the provincial legislature of a province, if the administration of that
legislation has been allocated or assigned in terms of the previous
Constitution or this Schedule to a provincial executive; or
(b) to a State President, Chief Minister, Administrator or other chief executive,
Cabinet, Ministers’ Council or executive council of the Republic or of a
homeland, must be construed as a reference to—

141

Schedule 6: Transitional Arrangements

(i)

the President under the new Constitution, if the administration of that
legislation has been allocated or assigned in terms of the previous
Constitution or this Schedule to the national executive; or
(ii) the Premier of a province under the new Constitution, if the
administration of that legislation has been allocated or assigned in terms
of the previous Constitution or this Schedule to a provincial executive
...







(1) Anyone who was a member or office-bearer of the National Assembly when the
new Constitution took effect, becomes a member or office-bearer of the National
Assembly under the new Constitution, and holds office as a member or office-bearer
in terms of the new Constitution
...

(3) The National Assembly consists of 400 members for the duration of its term that
expires on 30 April 1999, subject to section 49(4) of the new Constitution
...


Unfinished business before Parliament
5
...

(2) Any unfinished business before the Senate when the new Constitution takes effect
must be referred to the National Council of Provinces, and the Council must proceed
with that business in terms of the new Constitution
...




(1) No election of the National Assembly may be held before 30 April 1999 unless the
Assembly is dissolved in terms of section 50(2) after a motion of no confidence in
the President in terms of section 102(2) of the new Constitution
...


142

Schedule 6: Transitional Arrangements





(3) Despite the repeal of the previous Constitution, Schedule 2 to that Constitution, as
amended by Annexure A to this Schedule, applies—
(a) to the first election of the National Assembly under the new Constitution;
(b) to the loss of membership of the Assembly in circumstances other than those
provided for in section 47(3) of the new Constitution; and
(c) to the filling of vacancies in the Assembly, and the supplementation, review
and use of party lists for the filling of vacancies, until the second election of the
Assembly under the new Constitution
...


National Council of Provinces
7
...
Eastern Cape

ANC 5
NP 1

ANC 4

2
...
Gauteng

ANC 3
DP 1
FF 1
NP 1

ANC 3
NP 1

143

Schedule 6: Transitional Arrangements







PROVINCE

PERMANENT DELEGATES

SPECIAL DELEGATES

4
...
Mpumalanga

ANC 4
FF 1
NP 1

ANC 4

6
...
Northern Province

ANC 6

ANC 4

8
...
Western Cape

ANC 2
DP 1
NP 3

ANC 1
NP 3

(2) A party represented in a provincial legislature—
(a) must nominate its permanent delegates from among the persons who were
senators when the new Constitution took effect and are available to serve as
permanent delegates; and
(b) may nominate other persons as permanent delegates only if none or an
insufficient number of its former senators are available
...

(4) Subitems (2) and (3) apply only to the first appointment of permanent delegates to
the National Council of Provinces
...


144

Schedule 6: Transitional Arrangements



(6) The rules and orders of the Senate in force when the new Constitution took effect,
must be applied in respect of the business of the National Council to the extent that
they can be applied, subject to any amendment or repeal
...






(1) A former senator who is not appointed as a permanent delegate to the National
Council of Provinces is entitled to become a full voting member of the legislature of
the province from which that person was nominated as a senator in terms of section
48 of the previous Constitution
...

(3) The salary, allowances and benefits of a former senator appointed as a permanent
delegate or as a member of a provincial legislature may not be reduced by reason
only of that appointment
...





(1) Anyone who was the President, an Executive Deputy President, a Minister or a
Deputy Minister under the previous Constitution when the new Constitution took
effect, continues in and holds that office in terms of the new Constitution, but
subject to subitem (2)
...

(3) Subitem (2) does not prevent a Minister who was a senator when the new
Constitution took effect, from continuing as a Minister referred to in section 91(1)(a)
of the new Constitution, as that section reads in Annexure B
...


(1) Anyone who was a member or office-bearer of a province’s legislature when the
new Constitution took effect, becomes a member or office-bearer of the legislature
for that province under the new Constitution, and holds office as a member or
office-bearer in terms of the new Constitution and any provincial constitution that
may be enacted
...

(3) For the duration of its term that expires on 30 April 1999, and subject to section
108(4), a provincial legislature consists of the number of members determined for
that legislature under the previous Constitution plus the number of former senators
who became members of the legislature in terms of item 8 of this Schedule
...


Elections of provincial legislatures
11
...

(2) Section 106(4) of the new Constitution is suspended in respect of a provincial
legislature until the second election of the legislature under the new Constitution
...




(1) Anyone who was the Premier or a member of the Executive Council of a province
when the new Constitution took effect, continues in and holds that office in terms
of the new Constitution and any provincial constitution that may be enacted, but
subject to subitem (2)
...


146

Schedule 6: Transitional Arrangements

Provincial constitutions
13
...


Assignment of legislation to provinces
14
...

(2) To the extent that it is necessary for an assignment of legislation under subitem (1)
to be effectively carried out, the President, by proclamation, may—
(a) amend or adapt the legislation to regulate its interpretation or application;
(b) where the assignment does not apply to the whole of any piece of legislation,
repeal and re-enact, with or without any amendments or adaptations referred
to in paragraph (a), those provisions to which the assignment applies or to the
extent that the assignment applies to them; or
(c) regulate any other matter necessary as a result of the assignment, including
the transfer or secondment of staff, or the transfer of assets, liabilities, rights
and obligations, to or from the national or a provincial executive or any
department of state, administration, security service or other institution
...

(b) If both the National Assembly and the National Council by resolution
disapprove the proclamation or any provision of it, the proclamation or
provision lapses, but without affecting—
(i) the validity of anything done in terms of the proclamation or provision
before it lapsed; or
(ii) a right or privilege acquired or an obligation or liability incurred before it
lapsed
...

147

Schedule 6: Transitional Arrangements



(5) Any assignment of legislation under section 235(8) of the previous Constitution,
including any amendment, adaptation or repeal and re-enactment of any
legislation and any other action taken under that section, is regarded as having
been done under this item
...




(1) An authority within the national executive that administers any legislation falling
outside Parliament’s legislative power when the new Constitution takes effect,
remains competent to administer that legislation until it is assigned to an authority
within a provincial executive in terms of item 14 of this Schedule
...


Courts
16
...

(2) (a) The Constitutional Court established by the previous Constitution becomes the
Constitutional Court under the new Constitution
...

[Subitem (b) deleted by s
...
]

(3) (a) The Appellate Division of the Supreme Court of South Africa becomes the
Supreme Court of Appeal under the new Constitution
...

[Subitem (b) deleted by s
...
]

(4) (a) A provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or a general division of such a court, becomes a High Court
under the new Constitution without any alteration in its area of jurisdiction,
subject to any rationalisation contemplated in subitem (6)
...

(5) Unless inconsistent with the context or clearly inappropriate, a reference in any
legislation or process to—
(a) the Constitutional Court under the previous Constitution, must be construed as
a reference to the Constitutional Court under the new Constitution;
(b) the Appellate Division of the Supreme Court of South Africa, must be construed
as a reference to the Supreme Court of Appeal; and
(c) a provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or general division of that court, must be construed as a
reference to a High Court
...

(b) The Cabinet member responsible for the administration of justice, acting
after consultation with the Judicial Service Commission, must manage the
rationalisation envisaged in paragraph (a)
...


149

Schedule 6: Transitional Arrangements

(b) All rules, regulations or directions made by the President of the Constitutional
Court or the Chief Justice in force immediately before the Constitution of the
Republic of South Africa Amendment Act, 2001, takes effect, continue in force
until repealed or amended
...

[Subitem (7) added by s
...
]

Cases pending before courts
17
...


Prosecuting authority
18
...
This
subitem does not affect the appointment of the National Director of Public
Prosecutions in terms of section 179
...


Oaths and affirmations
19
...


Other constitutional institutions
20
...
4 of the Constitution Second Amendment Act of 1998
...

A constitutional institution established in terms of the previous Constitution
continues to function in terms of the legislation applicable to it, and anyone holding
office as a commission member, a member of the board of the Reserve Bank or the
Pan South African Language Board, the Public Protector or the Auditor-General
when the new Constitution takes effect, continues to hold office in terms of the
legislation applicable to that office, subject to—
(a) any amendment or repeal of that legislation; and
(b) consistency with the new Constitution
...

The members of the Judicial Service Commission referred to in section 105(1)(h)
of the previous Constitution cease to be members of the Commission when the
members referred to in section 178(1)(i) of the new Constitution are appointed
...

(b) Sections 184A and 184B (1)(a), (b) and (d) of the previous Constitution
continue in force until repealed by an Act of Parliament passed in terms of
section 75 of the new Constitution
...










(1) Where the new Constitution requires the enactment of national or provincial
legislation, that legislation must be enacted by the relevant authority within a
reasonable period of the date the new Constitution took effect
...

(3) Section 199(3)(a) of the new Constitution may not be enforced before the expiry of
three months after the legislation envisaged in that section has been enacted
...

(5) Until the Act of Parliament referred to in section 65(2) of the new Constitution
is enacted each provincial legislature may determine its own procedure in terms
of which authority is conferred on its delegation to cast votes on its behalf in the
National Council of Provinces
...


National unity and reconciliation
22
...

(2) For the purposes of subitem (1), the date “6 December 1993”, where it appears in
the provisions of the previous Constitution under the heading “National Unity and
Reconciliation”, must be read as “11 May 1994”
...
3 of the Constitution First Amendment Act of 1997
...






(1) National legislation envisaged in sections 9(4), 32(2) and 33(3) of the new
Constitution must be enacted within three years of the date on which the new
Constitution took effect
...
”; and
(b) section 33(1) and (2) must be regarded to read as follows:
“Every person has the right to—
(a) lawful administrative action where any of their rights or interests is
affected or threatened;
(b) procedurally fair administrative action where any of their rights or
legitimate expectations is affected or threatened;
(c) be furnished with reasons in writing for administrative action which
affects any of their rights or interests unless the reasons for that action
have been made public; and
(d) administrative action which is justifiable in relation to the reasons given
for it where any of their rights is affected or threatened
...


Public administration and security services
24
...


153

Schedule 6: Transitional Arrangements





(2) The Public Service Commission and the provincial service commissions referred to in
Chapter 13 of the previous Constitution continue to function in terms of that Chapter
and the legislation applicable to it as if that Chapter had not been repealed, until
the Commission and the provincial service commissions are abolished by an Act of
Parliament passed in terms of section 75 of the new Constitution
...


Additional disqualification for legislatures
25
...

(2) The disqualification of a person in terms of subitem (1)—
(a) lapses if the conviction is set aside on appeal, or the sentence is reduced on
appeal to a sentence that does not disqualify that person; and
(b) ends five years after the sentence has been completed
...


(1) Notwithstanding the provisions of sections 151, 155, 156 and 157 of the new
Constitution—
(a) the provisions of the Local Government Transition Act, 1993 (Act 209 of 1993),
as may be amended from time to time by national legislation consistent with
the new Constitution, remain in force in respect of a Municipal Council until a
Municipal Council replacing that Council has been declared elected as a result
of the first general election of Municipal Councils after the commencement of
the new Constitution; and
[Subitem (a) substituted by s
...
]

(b) a traditional leader of a community observing a system of indigenous law and
residing on land within the area of a transitional local council, transitional
rural council or transitional representative council, referred to in the Local
Government Transition Act, 1993, and who has been identified as set out in
154

Schedule 6: Transitional Arrangements

section 182 of the previous Constitution, is ex officio entitled to be a member
of that council until a Municipal Council replacing that council has been
declared elected as a result of the first general election of Municipal Councils
after the commencement of the new Constitution
...
5(a) of the Constitution Second Amendment Act of 1998
...
Section 16(5) and (6) of the Local Government Transition Act,
1993, may not be repealed before 30 April 2000
...
5 (b) of Constitution Second Amendment Act of 1998
...


Sections 82 and 124 of the new Constitution do not affect the safekeeping of Acts of
Parliament or provincial Acts passed before the new Constitution took effect
...




(1) On the production of a certificate by a competent authority that immovable
property owned by the state is vested in a particular government in terms of section
239 of the previous Constitution, a registrar of deeds must make such entries or
endorsements in or on any relevant register, title deed or other document to register
that immovable property in the name of that government
...


155

Annexure A

ANNEXURE A

Amendments to Schedule 2 to the previous Constitution
1
...


3
...


5
...
Parties registered in terms of national legislation and contesting an
election of the National Assembly, shall nominate candidates for such election
on lists of candidates prepared in accordance with this Schedule and national
legislation
...
The seats in the National Assembly as determined in terms of section 46 of the
new Constitution, shall be filled as follows:
(a) One half of the seats from regional lists submitted by the respective
parties, with a fixed number of seats reserved for each region as
determined by the Commission for the next election of the Assembly,
taking into account available scientifically based data in respect of
voters, and representations by interested parties
...

The replacement of item 3 with the following item:
“3
...

The amendment of item 5 by replacing the words preceding paragraph (a) with
the following words:
“5
...

The amendment of item 6—
(a) by replacing the words preceding paragraph (a) with the following words:
“6
...


7
...


9
...

The amendment of item 7(3) by replacing paragraph (b) with the following
paragraph:
“(b) An amended quota of votes per seat shall be determined by dividing the total
number of votes cast nationally, minus the number of votes cast nationally in
favour of the party referred to in paragraph (a), by the number of seats in the
Assembly, plus one, minus the number of seats finally allocated to the said
party in terms of paragraph (a)
...
The number of seats in each provincial legislature shall be as determined in
terms of section 105 of the new Constitution
...
Parties registered in terms of national legislation and contesting an election
of a provincial legislature, shall nominate candidates for election to such
provincial legislature on provincial lists prepared in accordance with this
Schedule and national legislation
...
(1) After the counting of votes has been concluded, the number of
representatives of each party has been determined and the election result has
been declared in terms of section 190 of the new Constitution, the Commission
shall, within two days after such declaration, designate from each list of
candidates, published in terms of national legislation, the representatives of
each party in the legislature
...


157

Annexure A

10
...


12
...


(3) The Commission shall forthwith publish the list of names of representatives in
the legislature or legislatures
...

The replacement of item 19 with the following item:
“19
...

The replacement of item 23 with the following item:
“Vacancies
23
...

(2) A nomination to fill a vacancy shall be submitted to the Speaker in writing
...

The insertion of the following item after item 23:
“Additional ground for loss of membership of legislatures
23A
...

(2) Despite subitem (1) any existing political party may at any time change its
name
...

15
...


(3) An Act of Parliament may, within a reasonable period after the new
Constitution took effect, be passed in accordance with section 76(1) of the
new Constitution to amend this item and item 23 to provide for the manner
in which it will be possible for a member of a legislature who ceases to be a
member of the party which nominated that member, to retain membership of
such legislature
...

The deletion of item 24
...

The deletion of item 26
...


2
...


4
...

Section 89 of the new Constitution is deemed to contain the following
additional subsection:
“(3) Subsections (1) and (2) apply also to an Executive Deputy President
...

Section 91 of the new Constitution is deemed to read as follows:
“Cabinet
91
...

160

Annexure B

(2) Each party holding at least 80 seats in the National Assembly is entitled to
designate an Executive Deputy President from among the members of the
Assembly
...

(4) On being designated, an Executive Deputy President may elect to remain or
cease to be a member of the Assembly
...

(6) An Executive Deputy President holds office—
(a) until 30 April 1999 unless replaced or recalled by the party entitled to
make the designation in terms of subsections (2) and (3); or
(b) until the person elected President after any election of the National
Assembly held before 30 April 1999, assumes office
...

(8) A party holding at least 20 seats in the National Assembly and which has
decided to participate in the government of national unity, is entitled to be
allocated one or more of the Cabinet portfolios in respect of which Ministers
referred to in subsection (1)(a) are to be appointed, in proportion to the
number of seats held by it in the National Assembly relative to the number of
seats held by the other participating parties
...

(b) The result, disregarding third and subsequent decimals, if any, is the
quota of seats per portfolio
...

(d) The result, subject to paragraph (e), indicates the number of portfolios to
be allocated to that party
...

(10) The President after consultation with the Executive Deputy Presidents and the
leaders of the participating parties must—
(a) determine the specific portfolios to be allocated to the respective
participating parties in accordance with the number of portfolios
allocated to them in terms of subsection (9);
(b) appoint in respect of each such portfolio a member of the National
Assembly who is a member of the party to which that portfolio was
allocated under paragraph (a), as the Minister responsible for that
portfolio;
(c) if it becomes necessary for the purposes of the Constitution or in the
interest of good government, vary any determination under paragraph
(a), subject to subsection (9);
(d) terminate any appointment under paragraph (b)—
(i) if the President is requested to do so by the leader of the party of which
the Minister in question is a member; or
(ii) if it becomes necessary for the purposes of the Constitution or in the
interest of good government; or
(e) fill, when necessary, subject to paragraph (b), a vacancy in the office of
Minister
...

(12) If any determination of portfolio allocations is varied under subsection (10)
(c), the affected Ministers must vacate their portfolios but are eligible, where
applicable, for reappointment to other portfolios allocated to their respective
parties in terms of the varied determination
...

(14) Meetings of the Cabinet must be presided over by the President, or, if the
President so instructs, by an Executive Deputy President: Provided that the
Executive Deputy Presidents preside over meetings of the Cabinet in turn
unless the exigencies of government and the spirit embodied in the concept of
a government of national unity otherwise demand
...


163

Annexure B

5
...


Section 93 of the new Constitution is deemed to read as follows:
“Appointment of Deputy Ministers
93
...

(2) A party is entitled to be allocated one or more of the deputy ministerial posts
in the same proportion and according to the same formula that portfolios in
the Cabinet are allocated
...

(4) If a person is appointed as the Deputy Minister of any portfolio entrusted to a
Minister—
(a) that Deputy Minister must exercise and perform on behalf of the relevant
Minister any of the powers and functions assigned to that Minister
in terms of any legislation or otherwise which may, subject to the
directions of the President, be assigned to that Deputy Minister by that
Minister; and
(b) any reference in any legislation to that Minister must be construed
as including a reference to the Deputy Minister acting in terms of an
assignment under paragraph (a) by the Minister for whom that Deputy
Minister acts
...

Section 96 of the new Constitution is deemed to contain the following
additional subsections:
“(3) Ministers are accountable individually to the President and to the National
Assembly for the administration of their portfolios, and all members of the
Cabinet are correspondingly accountable collectively for the performance of
the functions of the national government and for its policies
...

(5) If a Minister fails to administer the portfolio in accordance with the policy of
the Cabinet, the President may require the Minister concerned to bring the
administration of the portfolio into conformity with that policy
...


165

Annexure C

ANNEXURE C

Government of National Unity: Provincial Sphere
1
...
(1) The Executive Council of a province consists of the Premier and not more
than 10 members appointed by the Premier in accordance with this section
...

(3) Executive Council portfolios must be allocated to the respective participating
parties according to the same formula set out in section 91(9), and in applying
that formula a reference in that section to—
(a) the Cabinet, must be read as a reference to an Executive Council;
(b) a Minister, must be read as a reference to a member of an
Executive Council; and
(c) the National Assembly, must be read as a reference to the provincial
legislature
...


(ii) if it becomes necessary for the purposes of the Constitution or in the
interest of good government; or
(e) fill, when necessary, subject to paragraph (b), a vacancy in the office of a
member of the Executive Council
...

(6) If any determination of portfolio allocations is varied under subsection (4)
(c), the affected members must vacate their portfolios but are eligible, where
applicable, for reappointment to other portfolios allocated to their respective
parties in terms of the varied determination
...

(8) An Executive Council must function in a manner which gives consideration
to the consensus-seeking spirit embodied in the concept of a government of
national unity, as well as the need f or effective government
...

(4) Members of Executive Councils must administer their portfolios in accordance
with the policy determined by the Council
...

(6) If the member concerned fails to comply with a requirement of the Premier
under subsection (5), the Premier may remove the member from office
after consultation with the member, and if the member is not a member
of the Premier’s party or is not the leader of a participating party, also after
consultation with the leader of that member’s party
...


2
...


The amendment of section 218 of the previous Constitution—
(a) by replacing in subsection (1) the words preceding paragraph (a) with the
following words:
“(1) Subject to the directions of the Minister of Safety and Security, the
National Commissioner shall be responsible for—”;
(b) by replacing paragraph (b) of subsection (1) with the following paragraph:
“(b) the appointment of provincial commissioners;”;
(c) by replacing paragraph (d) of subsection (1) with the following paragraph:
“(d) the investigation and prevention of organised crime or crime which
requires national investigation and prevention or specialised skills;”; and
(d) by replacing paragraph (k) of subsection (1) with the following paragraph:
“(k) the establishment and maintenance of a national public order policing
unit to be deployed in support of and at the request of the Provincial
Commissioner;”
...

The amendment of section 224 of the previous Constitution by replacing the
proviso to subsection (2) with the following proviso:
“Provided that this subsection shall also apply to members of any armed force
which submitted its personnel list after the commencement of the Constitution
of the Republic of South Africa, 993 (Act 200 of 1993), but before the adoption of
the new constitutional text as envisaged in section 73 of that Constitution, if the
political organisation under whose authority and control it stands or with which it
is associated and whose objectives it promotes did participate in the Transitional
Executive Council or did take part in the first election of the National Assembly and
the provincial legislatures under the said Constitution
...


5
...


The amendment of section 227 of the previous Constitution by replacing
subsection (2) with the following subsection:
“(2) The National Defence Force shall exercise its powers and perform its functions
solely in the national interest in terms of Chapter 11 of the Constitution of the
Republic of South Africa, 1996
...
”;
(b) by replacing subsection (6) with the following subsection:
“(6) (a) The President may appoint a commission to review the conclusion
or amendment of a contract, the appointment or promotion, or the
award of a term or condition of service or other benefit, which occurred
between 27 April 1993 and 30 September 1994 in respect of any person
referred to in subsection (2) or any class of such persons
...
”; and
(c) by replacing “this Constitution”, wherever this occurs in section 236, with
“the new Constitution”
...
”; and

170

Annexure D

7
...

The amendment of section 239 of the previous Constitution by replacing
subsection (4) with the following subsection:
“(4) Subject to and in accordance with any applicable law, the assets, rights, duties
and liabilities of all forces referred to in section 224(2) shall devolve upon the
National Defence Force in accordance with the directions of the Minister of
Defence
...
6 of Constitution Tenth Amendment Act of 2003 and repealed by s
...
]

172

Schedule 6B

SCHEDULE 6B
[Schedule 6B, previously Schedule 6A, inserted by s
...
5 of the Constitution Tenth Amendment Act of 2003, renumbered by s
...
5 of the Constitution Fifteenth
Amendment Act of 2008
...
200 of 1993

Constitution of the Republic of South Africa, 1993

Act No
...
3 of 1994

Constitution of the Republic of South Africa Second Amendment
Act, 1994

Act No
...
14 of 1994

Constitution of the Republic of South Africa Fourth Amendment
Act, 1994

Act No
...
29 of 1994

Constitution of the Republic of South Africa Fifth Amendment Act,
1994

Act No
...
44 of 1995

Constitution of the Republic of South Africa Second Amendment
Act, 1995

Act No
...
26 of 1996

Constitution of the Republic of South Africa Third Amendment Act,
1996

174

Index

INDEX
(Please note: the figures after the entries refer to section numbers)
Anthem, 4
Auditor-General, 181, 188
Bill of Rights—
Access to courts, 34
Access to information, 32
Application, 8
Arrested, detained and accused persons, 35
Assembly, demonstration, picket and petition, 17
Children, 28
Citizenship, 20
Cultural, religious and linguistic communities, 31
Education, 29
Enforcement of rights, 38
Environment, 24
Equality, 9
Freedom and security of the person, 12
Freedom of association, 18
Freedom of expression, 16
Freedom of movement and residence, 21
Freedom of religion, belief and opinion, 15
Freedom of trade, occupation and profession, 22
Health care, food, water and social security, 27
Housing, 26
Human Dignity, 10
Interpretation, 39
Just administrative action, 33
Labour relations, 23
Language and culture, 30

175

Index

Life, 11
Limitation of rights, 36
Political rights, 19
Privacy, 14
Property, 25
Slavery, servitude and forced labour, 13
States of emergency, 37
Broadcasting, Independent Authority to Regulate, 181, 192
Budget, 215
Central Bank, 223 - 225
Co-operative Government, 41
Citizenship, 3
Cabinet, 91 - 99, 101, 102
Commission for Gender Equality, 181, 187
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic
Communities, 181, 185, 186
Conflicting Laws, 146 - 150
Courts—
Constitutional Court, 167
Court procedures, 171
High Court of South Africa, 169
Inherent power, 173
Other courts, 170
Powers of courts in constitutional matters, 172
Supreme Court of Appeal, 168
Defence, 200 - 204
Electoral Commission, 181, 190, 191
Election procedures for Constitutional office-bearers, Schedule 3, Part A
Executive authority—

The Provinces, 125

The Republic, 85
Executive Councils, Provincial, 132 -141

176

Index

Finance, National, 213, 214, 216, 217
Finance, Provincial and local, 226 - 230
Financial and Fiscal Commission, 220 - 222
Flag, 5
Funding for political parties, 236
South African Human Rights Commission, 181, 184
Independent Authority to Regulate Broadcasting, 192
Intelligence, 209, 210
International Law, 231 - 233
Judicial Authority, 165
Judicial officers, 174 - 177
Judicial Service Commission, 178
Judicial system, 166
Languages, 6
Law-making, 73 - 82
Legislative Authority, 43, 44
Local government, 152, 163
Municipalities, 151 - 164
National Assembly—
Composition and election, 46
Decision, 53
Evidence or information before National Assembly, 56
Powers, 55
Public access, 59
National Council of Provinces—
Allocation of delegates, 61
Composition, 60
Decisions, 65
Evidence or information before National Council, 69
Participation by local government representatives, 67
Party participation in provincial delegations, Schedule 3, Part B
Permanent delegates, 62

177

Index

Powers, 68
Public access, 72
Parliament, 42
Police, 205 - 208
Premiers, 127 - 130
President, 83 - 89
Prosecuting authority, 179
Provinces, 103
Provincial Constitutions, 142 - 145
Provincial Legislatures, 104 - 121
Application by members to Constitutional Court, 122
Permanent delegates’ rights, 113
Public access, 118
Public Administration, 195
Public Service Commission, 196
Public Service, 197
Public Protector, 181, 182
Security Services, 198, 199
Self-determination, 235
Supremacy of the Constitution, 2
Traditional leaders, 211, 212



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