South Africa's Constitution, as amended. This is the fundamental law of South Africa, setting out the Bill of Rights as well as the relationship of. Constitution of the Republic of South Africa, The text below includes all amendments, up to and including the 17th Amendment to the Constitution. Development of constitutions in South Africa. The relationship between the Constitution and other laws. Changing or amending the Constitution.


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  • Constitution of the Republic of South Africa, - Wikisource, the free online library
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It provides for the election and removal of the President by the National Assembly, and limits a President to two five-year terms. It vests in him or her the powers of the head of state and head of government; it provides for the appointment constitution of south africa a Cabinet by the President; and it provides for the accountability to Parliament of the President and Cabinet.

Provinces[ edit ] See also: Provincial governments of South Africa Chapter 6 establishes the nine provinces of South Africa and defines the powers and structure of the provincial governments.

Constitution of south africa boundaries of the provinces are defined by reference to Schedule 1A to the Constitution, which refers in turn to the boundaries of the metropolitan and district municipalities.

The Constitution of the Republic of South Africa | South African Government

In some respects, the chapter is a template which a province may modify to a limited extent by adopting its own provincial constitution. The only province so far to have done this is the Western Cape.

The chapter provides for a unicameral legislaturea Premier elected by the legislature as head of the provincial executive, and an Executive Council appointed by the Premier as a provincial cabinet.

The provincial constitution of south africa is given exclusive powers over certain matters, listed in Schedule 5, and powers concurrent with the national government over other matters, listed in Schedule 4.

The Constitution of the Republic of South Africa

The chapter regulates the conflict between national and provincial legislation on the same topic, setting out the circumstances under which one or the other will prevail.

Local Government[ edit ] Chapter 7 sets out a framework for local government.


It requires municipalities to be established for the whole territory of South Africa, constitution of south africa provides for three categories of municipalities, whereby some areas are governed by a single "Category A" municipal authority and others are governed by a two-level system with a larger "Category C" municipality containing multiple "Category B" municipalities.

The municipalities are granted the power to administer certain constitution of south africa listed in Schedules 4 and 5, and the executive and legislative authority is vested in the municipal council.

The chapter requires municipal elections to be held every five years.

Constitution of the Republic of South Africa | Western Cape Government

Courts and Administration of Justice[ edit ] Chapter 8 establishes the structure of the constitution of south africa system. It provides for the appointment of judges by the President on the advice of the Judicial Service Commission and establishes a single National Prosecuting Authority responsible for all criminal prosecutions.

State Institutions Supporting Constitutional Democracy[ edit ] Chapter 9 creates a number of other commissions and offices to protect and support democracy and human rights.

Public Administration[ edit ] Chapter 10 lists values and principles for the administration of the civil service and establishes the Public Service Commission to oversee it.

Security Services[ edit constitution of south africa Chapter 11 establishes structures for civilian control of the Defence Forcethe Police Service and the intelligence services. It makes the President the Commander-in-Chief of the defence force but places conditions on when and how it may be employed and requires regular reports to Parliament.

The police service is placed under the control of the national government but gives provincial governments some power constitution of south africa administer and oversee policing.

Traditional Leaders[ edit ] Chapter 12 recognises the status and authority of traditional leaders and customary lawsubject to the Constitution.

Constitution of the Republic of South Africa, | South African Government

It describes the division of South Africa into nine provincesand establishes the constitution of south africa of national, provincial and local spheres of government and the principles that govern the interaction between the spheres.

It constitution of south africa a single independent national judiciary along with various other independent organisations to support democracy and the constitution.

The Constitution was enacted in in one of the phases of the transition process from apartheid to democracy. It replaced an Interim Constitution which was drafted in by the Multiparty Negotiating Forum and came into effect on the day of the elections of The Interim Constitution required the two houses of Parliament to sit jointly as the Constitutional Assembly to draft the text of the new Constitution.


This text was then referred to the Constitutional Court to certify its compliance with a set of Constitutional Principles laid down in the Interim Constitution. The Court refused to certify the first draft text, so it returned to the Constitutional Assembly for revision.

The second draft text was accepted by the Constitution of south africa and signed by President Nelson Mandela in December

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