The Constitution of the Republic of South Africa

''The Constitution of the Republic of South Africa Act'', No. 108 of 1996 is the piece of legislation against which each prior piece of legislation must be judged and if necessary be amended, and it is backdrop which has coloured each subsequent piece of legislation promulgated. It was negotiated after the collapse of the race-based

apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...

government and the political redefinition of South Africa. During the negotiations around this change the ''Interim Constitution of the Republic of South Africa Act'', No. 200 of 1993 held the fort, as it were, until the final Constitution of the Republic of South Africa, 1996, was negotiated and promulgated. The Interim Constitution was repealed by the Constitution of the Republic of South Africa, 1996. The Constitution of the Republic of South Africa holds the all important Bill of Rights, sets up the administrative, judicial and political systems and structures, defines provincial and municipal systems and structures, provides for the passing of laws to necessary to enforce aspects of the Constitution, and sets up institutions such as the Human Rights Commission, which are necessary to safeguard the ideals contained in the Constitution. ''The Constitution of the Republic of South Africa Act'', 1996, is very much the torch held up by the population of South Africans as the light to guide them. However, there has increasingly been an increasing number of challenges to the Constitution and institutions it set up, such as the Constitutional Court and the

South African Human Rights Commission The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. Commissioner ...

("SAHRC"). These challenges have emanated from within the ruling party, the

African National Congress The African National Congress (ANC) is a Social democracy, social-democratic political party in Republic of South Africa, South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when ...

("ANC"), and its two allies, the huge labour confederation the

Congress of South African Trade Unions The Congress of South African Trade Unions (COSATU) is a trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions ...

("COSATU"), and the

South African Communist Party The South African Communist Party (SACP) is a communist party in South Africa. It was founded in 1921 as the Communist Party of South Africa (CPSA), tactically dissolved itself in 1950 in the face of being declared illegal by the governing Na ...

("SACP"). For example, the Constitutional Court was recently referred to as "counter-revolutionary" by the Secretary-General of the ANC, and the HRC's order that the leader of the ANC Youth Brigade apologise for statements that he would kill to protect the President of the ANC, Mr

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...

, from what he considered to be an unfair legal process into corruption charges against Mr Zuma, was largely ignored, as were supporting statements by and a similar order in relation to the leader of COSATU and the SACP.

Other South African Legislation

Aside from national legislation, South Africa also has provincial legislation, and local government legislation (often called "by-laws").

Provincial legislation

South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the ''Constitution of the Republic of South Africa Act'', 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may legislate).

Local government legislation

South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.

External links

South African Government documents
— Includes Constitution, Acts and legislative bills {{SA law, state=expanded Politics of South Africa *Main