enacted by the Constitutional Assembly of South Africa and amended by the Parliament of South Africa

“ If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the province’s Executive Council excluding the Premier, the Premier must reconstitute the Council. ”

“ The President may appoint a woman or man to serve as an acting Deputy Chief Justice or judge of the Constitutional Court if there is a vacancy in any of those offices, or if the person holding such an office is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice, and an appointment as acting Deputy Chief Justice must be made from the ranks of the judges who had been appointed to the Constitutional Court in terms of section 174 (4) . ”

“ When considering an apparent conflict between national and provincial legislation, or between national legislation and a provincial constitution, every court must prefer any reasonable interpretation of the legislation or constitution that avoids a conflict, over any alternative interpretation that results in a conflict. ”

“ An Executive Council must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity, as well as the need for effective government. ”

“ A provincial legislature consists of women and men elected as members in terms of an electoral system that —
(a)
is prescribed by national legislation; (b)
is based on that province’s segment of the national common voters roll; (c)
provides for a minimum voting age of 18 years; and (d)
results, in general, in proportional representation.
[Sub-s. (1) amended by s. 3 of the Constitution Tenth Amendment Act of 2003 and by s. 3 of the Constitution Fourteenth Amendment Act of 2008.] (2)
A provincial legislature consists of between 30 and 80 members. ”

“ The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. ”

“ Within public administration there is a public service for the Republic, which must function, and be structured, in terms of national legislation, and which must loyally execute the lawful policies of the government of the day. (2)
The terms and conditions of employment in the public service must be regulated by national legislation. Employees are entitled to a fair pension as regulated by national legislation. (3)
No employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause. ”

“ The following principles govern national security in the Republic:
(a)
National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life. ”

“ When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. ”

“ Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except —
(a)
anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than —
(i)
the Premier and other members of the Executive Council of a province; and (ii)
other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation ”

“ Principles of co-operative government and intergovernmental relations
41.
(1)
All spheres of government and all organs of state within each sphere must —
(a)
preserve the peace, national unity and the indivisibility of the Republic; (b)
secure the well-being of the people of the Republic; (c)
provide effective, transparent, accountable and coherent government for the Republic as a whole; (d)
be loyal to the Constitution, the Republic and its people; (e)
respect the constitutional status, institutions, powers and functions of government in the other spheres ”

“ The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation. ”

“ A provincial legislature is bound only by the Constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution. ”

“ If more than one party with the same surplus recorded the same number of votes during the last election for the provincial legislature concerned, the legislature concerned must allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy. ”

“ A Municipal Council —
(a)
makes decisions concerning the exercise of all the powers and the performance of all the functions of the municipality; (b)
must elect its chairperson; (c)
may elect an executive committee and other committees, subject to national legislation; and (d)
may employ personnel that are necessary for the effective performance of its functions. ”

“ Whenever a Deputy Minister is absent or for any reason unable to exercise or perform any of the powers or functions of office, the President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister’s stead, either generally or in the exercise or performance of any specific power or function.”. ”