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Title: Constitution of South Africa
Description: This is a book of the constitution of SA
Description: This is a book of the constitution of SA
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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 int
parties
...
Section 132 of the new Constitution is deemed to read as follows:
“Executive Councils
132
...
(2) A party holding at least 10 per cent of the seats in a provincial legislature
and which has decided to participate in the government of national unity,
is entitled to be allocated one or more of the Executive Council portfolios in
proportion to the number of seats held by it in the legislature relative to the
number of seats held by the other participating parties
...
(4) The Premier of a province after consultation with 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 (3);
(b) appoint in respect of each such portfolio a member of the provincial
legislature who is a member of the party to which that portfolio was
allocated under paragraph (a), as the member of the Executive Council
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 (3);
(d) terminate any appointment under paragraph (b)—
(i) if the Premier is requested to do so by the leader of the party of which
the Executive Council member in question is a member; or
166
Annexure C
2
...
(5) Subsection (4) must be implemented in the spirit embodied in the concept of
a government of national unity, and the Premier and the other functionaries
concerned must in the implementation of that subsection seek to achieve
consensus at all times: Provided that if consensus cannot be achieved on—
(a) the exercise of a power referred to in paragraph (a), (c) or ( d)(ii) of that
subsection, the Premier’s decision prevails;
(b) the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that
subsection affecting a person who is not a member of the Premier’s
party, the decision of the leader of the party of which such person is a
member prevails; and
(c) the exercise of a power referred to in paragraph (b) or (e) of that
subsection affecting a person who is a member of the Premier’s party,
the Premier’s decision prevails
...
(7) Meetings of an Executive Council must be presided over by the Premier of the
province
...
Section 136 of the new Constitution is deemed to contain the following
additional subsections:
“(3) Members of Executive Councils are accountable individually to the Premier and
to the provincial legislature for the administration of their portfolios, and all
members of the Executive Council are corresp
Title: Constitution of South Africa
Description: This is a book of the constitution of SA
Description: This is a book of the constitution of SA