enacted by the Constitutional Assembly of South Africa

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Anyone who was a member or office-bearer of the National Assembly when the new Constitution took effect, becomes a member or office-bearer of the National Assembly under the new Constitution, and holds office as a member or office-bearer in terms of the new Constitution. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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 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. ”

“ 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. ”

“ Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation. ”

“ A person appointed to the office of Chief Justice of the Supreme Court of Appeal who is not already a judge at the time of that appointment must swear or affirm before the President of the Constitutional Court. ”

“ 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 ”

“ A province or a municipality may raise loans for capital or current expenditure in accordance with reasonable conditions determined by national legislation, but loans for current expenditure —
(a)
may be raised only when necessary for bridging purposes during a fiscal year; and (b)
must be repaid within 12 months. (2)
National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered. ”

“ A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives. ”

“ 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.”. ”

“ Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament. (5)
The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect.
Customary international law
232. ”

“ The national government and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions. ”

“ National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court —
(a)
to bring a matter directly to the Constitutional Court; or (b)
to appeal directly to the Constitutional Court from any other court. (7)
A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.
Supreme Court of Appeal
168. ”