enacted by the Constitutional Assembly of South Africa

“ Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. ”

“ 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. ”

“ 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. ”

“ When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2) , a court —
(a)
in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and (b)
may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36 (1) . (4)
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic, and I solemnly promise to perform my functions as a member of the National Assembly/permanent delegate to the National Council of Provinces/member of the legislature of the province of C.D. to the best of my ability. ”

“ The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties. ”

“ 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. ”

“ 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 ”

“ 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 ”

“ 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.”. ”

“ Anyone who was a member or office-bearer of a province’s legislature when the new Constitution took effect, becomes a member or office-bearer of the legislature for that province under the new Constitution, and holds office as a member or office-bearer in terms of the new Constitution and any provincial constitution that may be enacted. ”

“ 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. ”

“ 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. (2)
A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.
Membership
106. ”

“ If a member of an Executive Council fails to administer the portfolio in accordance with the policy of the Council, the Premier may require the member concerned to bring the administration of the portfolio into conformity with that policy. ”

“ No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term. ”

“ National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society. ”

“ If no party or only one party holds 80 or more seats in the Assembly, the party holding the largest number of seats and the party holding the second largest number of seats are each entitled to designate one Executive Deputy President from among the members of the Assembly. (4)
On being designated, an Executive Deputy President may elect to remain or cease to be a member of the Assembly. (5)
An Executive Deputy President may exercise the powers and must perform the functions vested in the office of Executive Deputy President by the Constitution or assigned to that office by the President. ”

“ The Supreme Court of Appeal, a High Court or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. ”

“ The national government and provincial governments may use any particular official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as a whole or in the province concerned; but the national government and each provincial government must use at least two official languages. ”

“ To give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament. ”

“ There is a National Revenue Fund into which all money received by the national government must be paid, except money reasonably excluded by an Act of Parliament. (2)
Money may be withdrawn from the National Revenue Fund only —
(a)
in terms of an appropriation by an Act of Parliament; or (b)
as a direct charge against the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament. (3)
A province’s equitable share of revenue raised nationally is a direct charge against the National Revenue Fund.
Equitable shares and allocations of revenue
214. ”

“ A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. ”