Archeologists report evidence that humans have inhabited southern africa for more than 100,000 years. After the war the imperial powers were under strong international pressure to decolonize. Southern africa southern africa independence and decolonization in southern africa. Wikipedia article, wikidata item the constitution of the republic of south africa, 1993, also known as the interim constitution, was the constitution of south africa from 27 april 1994 to 4 february 1997. The text sets the scope of the interim government powers and the structure of the state of south sudan. Johann kriegler former south african constitutional court judge. Constitution of the republic of south africa act 200 of 1993. Administrative law under south africas interim constitution. Indeed, some interim arrangements are largely about the road map, especially. The constitution of the republic of south africa, 1993 act 200 also known as the interim constitution was ratified on 22 december 1993 and on 27 april 1994 it was ratified. In may the country held a largely credible national election in which the ruling african national congress anc won 58 percent of the vote and 230 of 400 seats in the national assembly. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. Central camaroon mauritania guinea burkina divore cote ghana benin mali niger chad nigeria morocco tunisia egypt sudan south sudan uganda eritrea.
The objective in this process was to ensure that the final constitution is legitimate, credible and accepted by all south africans. The south african constitution the south african constitution describes the social values of the country, and sets out the structures of government, what powers and authority a government has, and what rights citizens have. It made provision for a major restructuring of government. Over many modern centuries assorted african tribes moved steadily south to populate the country we now call south africa bantu peoples began migrating across subsaharan africa from the niger river delta around 2,500 years ago, and arrived in south africa in small waves setting up small. The 2007 interim constitution of nepal made no provision for elections. Table of contents chapter 1 constituent and formal provisions chapter 2 citizenship and franchise chapter 3 fundamental rights chapter 4 parliament. The interim constitution was the fundamental law of south africa from the first nonracial general election on 27 april 1994 until it was superseded by the final constitution on 4 february 1997. With the adoption of the interim constitution in 1994, the homelands and old development regions were abolished and integrated into a united south africa with nine provinces. The constitution of south africa is the supreme law of the republic of south africa. Reclaim the city recognises the need for the movement to unite across race, class, language and location to advance the struggle for land and decent, affordable. Southern africa independence and decolonization in. To introduce a new constitution for the republic of south africa and to. The notion of a bill of rights for south africa can be traced back to an anc document in the early 1920s.
It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. The interim constitution was approved in kempton park and it was duly endorsed by the last apartheid parliament and became the constitution of the republic of south africa, act 200 of 1993. The republic of south africa is one, sovereign, democratic state founded on the following values. South africathe interim constitution constitutional change from the country studies program, formerly titled the us army area handbook program volume. South africas constitution of 1996 with amendments through 2012. Others are as detailed as a final constitution would probably be. Download the constitution of the republic of south africa rules and notices convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction 2 may 1997. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by. It enumerates a bill of rights for the people of south africa. In september 1993, the south african legislature approved the setting up of a multiparty transitional executive council tec to manage south africas transition to democracy. Creating the birth certificate of a new south africa. South africas constitution of 1996 with amendments.
The interim constitution of nepal 20631 first amendment, 2063 2007 14 march 2007 2. Constitution making in sudan and south sudan united. This document is an english version of the south sudan interim constitution of 2005. With the end of apartheid after the first multiracial elections and the coming into force of the interim constitution of south africa on 27 april 1994, bophuthatswana ceased to exist and once again became part of south africa. On 8 may 1996, after the interim constitution of 1994, the constitutional assembly adopted a first version of the new constitution.
Act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. In southern africa, however, the transfer of power to an african majority was greatly complicated by the presence of entrenched white settlers. The new constitution established a single national police service for south africa under the executive command and control of a national commissioner who is appointed by. Matamela cyril ramaphosa born 17 november 1952 is a south african politician and the fifth and current president of south africa. The interim constitutionthe constitution of the republic of south africa, 1993 act no. Assessing the performance of the south african constitution. A brief introduction to local government in south africa. Local government in south africa entered a new era with the adoption of the 1996 constitution. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. Constitution of the republic of south africa, 1993.
To amend the constitution of the republic of south africa, 1996, so as to effect a. It enumerated a bill of rights for the people of south africa. Constitution of the republic of south africa, 1996. South africa is a multiparty parliamentary democracy in which constitutional power is shared among the executive, judiciary, and parliament branches. History of south africa the republic of south africa. Contested constitutions constitutional development in sudan. The constitution has several provisions mentioning the needs for the country to reach a peace agreement and reconstruct the conflictaffected areas. In leaving these boundaries undecided, the 1993 interim constitution provided that they could be resolved before the finalisation of the constitution in 1996. The entrance to south africas constitutional court flickr africa.
Constitutional documents of south africa, acts of the parliament of south africa sister projects. Wikipedia article, wikidata item the constitution of the republic of south africa, 1996, is the current constitution that forms the basis for the law and government of the nation of south africa. South africa zimbabwe ethiopia somalia djibouti african rep. The third and final phase commenced with the local government election on 5 december 2000, establishing the current municipalities. Traditional authority and democracy in the interim south. Organisation of local referenda was even envisaged as a mechanism of boundary dispute. The interim constitution of nepal 2064230 second amendment, 2063 2007 june 2007 3. South africa has a mixed or pluralistic legal system. Two months later, the interim constitution under which south africa was to be governed during the transitional period was approved. He became president following the resignation of jacob zuma. The peaceful transition of south africa from one of the worlds. In terms of the interim constitution act, 200 of 1993, traditional authority is a schedule 6 matter in terms of which both national and provincial governments have concurrent jurisdiction.
In 1993, an interim constitution was passed, which dismantled apartheid and provided for a multiracial democracy with majority rule. The full guide is available in pdf and as an ebook at and. Drafting of the final constitution south african history. As a transitional constitution it required the newly elected parliament to also serve as a constituent assembly to adopt a final constitution. The bill of rights is arguably the part of the constitution that has had the greatest impact on life in this country. The constitution of the republic of south africa, 1993 or interim constitution was. After an initial phase from 1945 to about 1958, in which white power. Administrative law under south africas interim constitution, the american journal of comparative law, volume 44, issue 3, 1 july 1996, pages 3 we use cookies to enhance your experience on our website. 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. Constitution of the republic of south africa act 200 of. Chapter 3 of the interim constitution introduced legally protected fundamental rights to south africa for the first time. South african constitution of 1993 interim constitution. It is not as if there was no citizenship in south africa before 1994 and the coming into effect of the interim constitution. We are unable to and therefore do not certify that all of the provisions of the constitution of the republic of south africa, 1996 comply with the constitutional principles contained in schedule 4 to the.
The nepal 1951 constitution had no provision for a legislature, but only for an advisory assembly for the king. Now fundamental human rights are entrenched in chapter 2 sections 7 to 39 of the 1996 constitution. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. Constitution of the republic of south africa,1996 centre. 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 government. General comments on proposed interim constitution of sudan, dated 2006, has been. Repealed by constitution of the republic of south africa, no. The interim constitution came into effect on 27 april 1994 to administer south africa s first democratic elections. Human dignity, the achievement of equality and the advancement of human rights and freedoms. Theinterim constitutionof nepal 2063 2007 date of authentication and publication 20631001 january 15 2007 amendments 1. In south africa, the interim constitution articulated 34 principles to which the.
Reclaim the city strives to always have unity amongst its members and discourages factionalism. It comprises of a number of distinct legal traditions. South african constitution of 1993 interim constitution peace. What is ubuntu different interpretations among south. Underpinning the transition process were the interim constitution of 1993 and the final constitution of 1996.
Constitutional documents of south africa sister projects. He was an authoritarian leader, he continued to enforce apartheid but in response to pressure, he introduced limited reforms. The 7 enclaves that formed the country were absorbed into the north west province, gauteng and the free state. The comprehensive peace agreement installed an interim constitution for sudan and southern sudan. Interim constitution, which defined those areas primarily by reference to. This chapter describes south africas constitution, the union and apartheid constitutions, democratic transition, constitutional principles, the 1993 interim constitution, regionalism and. Constitutional citizenship in south africa international. Chapter 1 constituent and formal provisions section 1 republic of south africa 1 the republic of south africa shall be one, sovereign state. It describes the division of south africa into nine.
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