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

“ 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. ”

“ 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 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. ”

“ 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. ”

“ 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 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. ”

“ 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. ”

“ 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. ”

“ The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force.
[Sub-s. (5) substituted by s. 3 (b) of the Constitution Seventeenth Amendment Act of 2012.] (6)
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 ”

“ 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 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 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. ”

“ 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. ”

“ 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. ”

“ 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 ”