Chapter One Of The Constitution Of South Africa
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Chapter 1 of the
Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...
, titled Founding Provisions and containing six sections, enshrines in the constitution key national
principle A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a Legal rule, rule that has to be or usually is to be followed. It can be desirably followed, or it can be an inevitable consequence of something, suc ...
s, defines the country's flag and national anthem, and specifies the
official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
s and principles of government language policy.


Sections


Section 1, Republic of South Africa

Defines South Africa as "one,
sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
, democratic state" and lists the country's founding values as: * Human dignity, the achievement of equality and the advancement of human rights and freedoms. *
Non-racialism Non-racialism, aracialism or antiracialism is a South African ideology rejecting racism and racialism while affirming liberal democratic ideals. History Non-racialism became the official state policy of South Africa after April 1994, and it is en ...
and non-
sexism Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primari ...
. * Supremacy of the constitution and the rule of law. *
Universal adult suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness. This section is more deeply entrenched than the rest of the constitution; it would require the agreement of three-quarters (300) of the members of the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
and six of the nine provincial delegations in the
National Council of Provinces The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to ma ...
to amend it.


Section 2, Supremacy of Constitution

The supremacy clause; it declares that any other law or conduct that is inconsistent with the constitution is invalid. This section gives the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
and the other courts the power to overturn
acts of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament ...
, elements of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and actions of the executive that are unconstitutional. And supremacy is the most important aspect in this case


Section 3, Citizenship

Declares that there is a common South African citizenship, and that all citizens have equal rights and responsibilities. This is a response to the apartheid-era policies under which the government revoked the South African citizenship of many black people, making them instead citizens of the nominally-independent
bantustan A Bantustan (also known as Bantu homeland, black homeland, black state or simply homeland; ) was a territory that the National Party administration of South Africa set aside for black inhabitants of South Africa and South West Africa (now N ...
s.


Section 4, National anthem

Allows the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
to specify the
national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European n ...
by
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
.


Section 5, National flag

Defines the
national flag A national flag is a flag that represents and symbolizes a given nation. It is flown by the government of that nation, but usually can also be flown by its citizens. A national flag is typically designed with specific meanings for its colours ...
by reference to Schedule 1, which contains a detailed geometrical description.


Section 6, Languages

Lists the
official languages An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
, identified as Sepedi,
Sesotho Sotho () or Sesotho () or Southern Sotho is a Southern Bantu language of the Sotho–Tswana ("S.30") group, spoken primarily by the Basotho in Lesotho, where it is the national and official language; South Africa (particularly the Free Sta ...
,
Setswana Tswana, also known by its native name , and previously spelled Sechuana in English, is a Bantu language spoken in Southern Africa by about 8.2 million people. It belongs to the Bantu language family within the Sotho-Tswana branch of Zon ...
,
siSwati The Swazi or siSwati language is a Bantu language of the Nguni group spoken in Eswatini and South Africa by the Swati people. The number of speakers is estimated to be in the region of 2.4 million. The language is taught in Eswatini and s ...
,
Tshivenda Venda or Tshivenda is a Bantu language and an official language of South Africa. It is mainly spoken by the Venda people in the northern part of South Africa's Limpopo province, as well as by some Lemba people in South Africa. The Venda lan ...
,
Xitsonga Tsonga () or Xitsonga ( ''Xitsonga'') as an endonym, is a Bantu language spoken by the Tsonga people of southern Africa. It is mutually intelligible with Tswa and Ronga and the name "Tsonga" is often used as a cover term for all three, als ...
,
Afrikaans Afrikaans (, ) is a West Germanic language that evolved in the Dutch Cape Colony from the Dutch vernacular of Holland proper (i.e., the Hollandic dialect) used by Dutch, French, and German settlers and their enslaved people. Afrikaans gra ...
,
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
, isiNdebele,
isiXhosa Xhosa (, ) also isiXhosa as an endonym, is a Nguni language and one of the official languages of South Africa and Zimbabwe. Xhosa is spoken as a first language by approximately 8.2 million people and by another 11 million as a secon ...
and
isiZulu Zulu (), or isiZulu as an endonym, is a Southern Bantu language of the Nguni branch spoken in Southern Africa. It is the language of the Zulu people, with about 12 million native speakers, who primarily inhabit the province of KwaZulu-Natal of ...
. It also sets basic principles of language policy, requiring the government to advance the use of indigenous languages while allowing national, provincial and local government to take into account practical and demographic factors in choosing languages for the purposes of government. The section also establishes the
Pan South African Language Board The Pan South African Language Board ( af, Pan-Suid-Afrikaanse Taalraad , abbreviated PanSALB) is an organisation in South Africa established to promote multilingualism, to develop the 11 official languages, and to protect language rights in Sou ...
, which must advance the use of the official languages, the
Khoi Khoekhoen (singular Khoekhoe) (or Khoikhoi in the former orthography; formerly also '' Hottentots''"Hottentot, n. and adj." ''OED Online'', Oxford University Press, March 2018, www.oed.com/view/Entry/88829. Accessed 13 May 2018. Citing G. S. ...
, Nama and San languages, and
sign language Sign languages (also known as signed languages) are languages that use the visual-manual modality to convey meaning, instead of spoken words. Sign languages are expressed through manual articulation in combination with non-manual markers. Sign l ...
, and advance respect for other languages used by communities or religious groups in South Africa.


See also

*
National anthem of South Africa The National Anthem of South Africa was adopted in 1997 and is a hybrid song combining extracts of the 19th century Xhosa hymn " xh, Nkosi Sikelel' iAfrika, label=none" ( en, "God Bless Africa", ) and the Afrikaans song which was used as the S ...
*
Flag of South Africa The flag of South Africa was designed in March 1994 and adopted on 27 April 1994, at the beginning of South Africa's South African general election, 1994, 1994 general election, to replace the flag that had been used since 1928. The flag has ...


External links


Text of Chapter 1 at the South African Government website
{{Constitution of South Africa Constitution of South Africa