Online visitors Total: 5 | Guests: 5
You are not logged in. Login

WATER IS LIFE, SANITATION IS DIGNITY

Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Constitution of the Republic of South Africa Act 108 of 1996

Open Policy Document Open Policy Document
This document has been opened: 1 507 times to date.
Date Of Release: 11 Oct 1996
Date Of Expected Review:
Date Last Updated: 02 Sep 2010
Policy Type: Existing legislation
Policy Level: National
Department: Department for Public Service and Administration
Contact Name: Switchboard
Phone Number: 012 336 1000
Fax Number: 012 326 7802
Email:
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 336 1000
Fax Number: (012) 326 7802
Email:
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

The 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.

The constitution enshrines such principles as :
Human dignity, the achievement of equality and the advancement of human rights and freedoms.
Non-racialism and non-sexism.
Supremacy of the constitution and the rule of law.
Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.
It covers the following issues in the chapters indicated:

Chapter 1 - Founding Provisions
Chapter 2 - Bill of Rights
Chapter 3 - Co-operative Government
Chapter 4 - Parliament
Chapter 5 - The President and National Executive
Chapter 6 - Provinces
Chapter 7 - Local Government
Chapter 8 - Courts and Administration of Justice
Chapter 9 - State Institutions Supporting Constitutional Democracy
Chapter 10 - Public Administration
Chapter 11 - Security Services
Chapter 12 - Traditional Leaders
Chapter 13 - Finance
Chapter 14 - General Provisions
Schedule 1 - National Flag
Schedule 2 - Oaths and Solemn Affirmations
Schedule 3 - Election Procedures
Schedule 4 - Functional Areas of Concurrent National and Provincial Legislative Competence
Schedule 5 - Functional Areas of Exclusive Provincial Legislative Competence
Schedule 6 - Transitional Arrangements
Schedule 7 - Laws Repealed

Section Summary

  Section Number Section Heading Section Description
1 Founding provisions Republic of South Africa
Supremacy of the Constitution
Citizenship
National Anthem
National Flag
Languages
2 Bill of Rights Rights
Application
Equality
Human Dignity
Life
Freedom and Security of the Person
Slavery, Servitude and Forced Labour
Privacy
Freedom of Religion, Belief and Opinion
Freedom of Expression
Assembly, Demonstration, Picket and Petition
Freedom of Association
Political Rights
Citizenship
Freedom of Movement and Residence
Freedom of Trade, Occupation and Profession
Labour Relations
Environment
Property
Housing
Health Care, Food Water and Social Security
Children
Education
Language and Culture
Cultural, Religious and Linguistic Communities
Access to Information
Just Administrative Action
Access to Courts
Arrested, Detained and Accused Persons
Limitation of Rights
States of Emergency
Enforcement of Rights
Interpretation of Bill of Rights
3 Co-operative Government Government of the Republic Principles of Co-operative Government and Intergovernmental Relations
4 Parliament Sections: Composition of Parliament Legislative authority of the Republic National legislative authority Joint rules and orders and joint committees National Assembly: Composition and Election Membership Oath or Affirmation Duration of National Assembly Dissolution of National Assembly before expiry of its term Sittings and Recess Periods Speaker and Deputy Speaker Decisions Rights of Certain Cabinet Members in National Assembly Powers of National Assembly Evidence or Information Before National Assembly Internal Arrangements, Proceedings and Procedures of National Assembly Privilege Public Access to and Involvement in National Assembly National Council of Provinces: Composition of National Council Allocation of Delegates Permanent Delegates Sittings of National Council Chairperson and Deputy Chairpersons Decisions Participation by Members of National Executive Participation by Local Government Representatives Powers of National Council Evidence or Information Before National Council Internal Arrangements, Proceedings and Procedures of National Council Privilege Public Access to and Involvement in National Council National Legislative Process: All Bills Bills Amending the Constitution Ordinary Bills Not Affecting the Provinces Ordinary Bills Affecting the Provinces Money Bills Mediation Committee Assent to Bills Application by Members of National Assembly to Constitutional Court Publication of Acts Safekeeping of Acts of Parliament
5 The President and National Executive The President
Powers and functions of President
Executive authority of the Republic
Election of President
Assumption of office by President
Term of office of President
Removal of President
Acting President
Cabinet
Accountability and responsibilities
Deputy Ministers
Continuation of Cabinet after elections
Oath or affirmation
Conduct of Cabinet members and Deputy Ministers
Transfer of functions
Temporary assignment of functions
Assignment of functions
National supervision of provincial administration
Executive decisions
Motions of no confidence
6 Provinces Sections:

Provinces

Provincial Legislatures:

Legislative authority of provinces
Composition and election of provincial legislatures
Membership
Oath or affirmation
Duration of provincial legislatures
Dissolution of provincial legislatures before expiry of term
Sittings and recess periods
Speakers and Deputy Speakers
Decisions
Permanent delegates' rights in provincial legislatures
Powers of provincial legislatures
Evidence or information before provincial legislatures
Internal arrangements, proceedings and procedures of provincial legislatures
Privilege
Public access to and involvement in provincial legislatures
Introduction of Bills
Money Bills
Assent to Bills
Application by members to Constitutional Court
Publication of provincial Acts
Safekeeping of provincial Acts

Provincial Executives:

Executive authority of provinces
Assignment of functions
Powers and functions of Premiers
Election of Premiers
Assumption of office by Premiers
Term of office and removal of Premiers
Acting Premiers
Executive Councils
Accountability and responsibilities
Continuation of Executive Councils after elections
Oath or affirmation
Conduct of members of Executive Councils
Transfer of functions
Temporary assignment of functions
Provincial supervision of local government
Executive decisions
Motions of no confidence

Provincial Constitutions:

Adoption of provincial constitutions
Contents of provincial constitutions
Certification of provincial constitution
Signing, publication and safekeeping of provincial constitutions

Conflicting Laws:

Conflicts between national and provincial legislation
Other conflicts
Conflicts that cannot be resolved
Status of legislation that does not prevail
Interpretation of conflicts
7 Local Government Status of Municipalities
Objects of Local Government
Developmental Duties of Municipalities
Municipalities in Co-operative Government
Establishment of Municipalities
Powers and Functions of Municipalities
Composition and Election of Municipal Councils
Membership of Municipal Councils
Terms of Municipal Councils
Internal Procedures
Privilege
Publication of Municipal By-laws
Organised Local Government
Other Matters
8 Courts and Administration of Justice Judicial Authority
Judicial System
Constitutional Court
Supreme Court Appeal
High Courts
Magistrates' Courts and Other Courts
Court Procedures
Powers of Courts in Constitutional Matters
Inherent Power
Appointment of Judicial Officers
Acting Judges
Terms of Office and Remuneration
Removal
Judicial Service Commission
Prosecuting Authority
Other Matters Concerning Administration of Justice
9 State Institutions Supporting Constitutional Democracy Public Protector
Human Rights Commission
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
Commission for Gender Equality
Auditor-General
Electoral Commission
Independent Authority to Regulate Broadcasting
Appointments
Removal from office
10 Public Administration Basic values and principles governing public administration
Public Service Commission
Public Service
11 Security Services Governing principles
Establishment, structuring and conduct of security services

Defence:

Defence force
Political responsibility
Command of defence force
State of national defence
Defence civilian secretariat

Police:

Police service
Political responsibility
Control of police service
Police civilian secretariat

Intelligence:

Establishment and control of intelligence services
Powers, functions and monitoring
12 Traditional Leaders Recognition and role of traditional leaders
13 Finance General Financial Matters:

National Revenue Fund
Equitable shares and allocations of revenue
National, provincial and municipal budgets
Treasury control
Procurement
Government guarantees
Remuneration of persons holding public office

Financial and Fiscal Commission:

Establishment and functions
Appointment and tenure of members
Reports

Central Bank:

Establishment
Primary object
Powers and functions

Provincial and Local Financial Matters:

Provincial Revenue Funds
National sources of provincial and local government funding
Provincial taxes
Municipal fiscal powers and functions
Provincial and municipal loans
14 General Provisions International agreements
Customary international law
Application of international law
Charters of Rights
Self-determination
Funding for political parties
Diligent performance of obligations
Agency and delegation
Definitions
Inconsistencies between different texts
Transitional arrangements
Repeal of laws
Short title and commencement
Schedules 1 - 7 Schedules 1 - 7 Schedule 1 - National Flag
Schedule 2 - Oaths and Solemn Affirmations
Schedule 3 - Election Procedures
Schedule 4 - Functional Areas of Concurrent National and Provincial Legislative Competence
Schedule 5 - Functional Areas of Exclusive Provincial Legislative Competence
Schedule 6 - Transitional Arrangements
Schedule 7 - Laws Repealed

       Return to Document List...


If you experience any challenges regarding this site, please contact the Webmaster.
SITE HITS:    This page:   345   Hits today:  29  Site hits  : 404¬†531