Constitution of the Republic of South Africa

“ The Republic of South Africa Constitution Act, 1983 repealed most of the 1961 Act on 3 September 1984, and replaced it as South Africa's constitution. The unrepealed remainder of the 1961 Act was renamed, becoming the Provincial Government Act, 1961. ”

“ And whereas in order to secure the achievement of this goal, elected representatives of all the people of South Africa should be mandated to adopt a new Constitution in accordance with a solemn pact recorded as Constitutional Principles ”

“ A reference in a provision of this Constitution to the commencement of this Constitution shall, unless the context otherwise indicates, be construed as a reference to the commencement of such provision.
National Unity and Reconciliation
This Constitution provides a historic bridge between the past of a deeply divided society characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex. ”

“ To amend the Republic of South Africa Constitution Act, 1961, in order to abolish the requirement that the State President’s recommendation be obtained in respect of any appropriation, in so far as that requirement applies in respect of an appropriation initiated by a Minister. ”

“ For the passing of the new constitutional text referred to in subsection (10) by the Constitutional Assembly, a majority of at least 60 per cent of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of at least 60 per cent of all the members of the Senate. ”

“ This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. (2)
The state must respect, protect, promote and fulfil the rights in the Bill of Rights. (3)
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application
8. ”

“ For apartheid was a denial of a common humanity. Black people were refused respect and dignity and thereby the dignity of all South Africans was diminished. The new constitution rejects this past and affirms the equal worth of all South Africans. Thus recognition and protection of human dignity is the touchstone of the new political order and is fundamental to the new constitution. ”

“ 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. ”

“ Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law ”

“ The point is well illustrated by looking at the composition of the convention, which, in its sessions at Durban, Cape Town, and Bloemfontein, put together the present constitution. South Africa, from its troubled history, has proved itself a land of strong men. But it was reserved for the recent convention to bring together within the compass of a single council-room the surviving leaders of the period of conflict to work together for the making of a united state. ”

“ There is power to alter the Constitution with the consent of a majority of the electors in a majority of the States and of a majority of the electors of the Commonwealth (sect. 123) —a power which has been freely used.
The case of South Africa is sometimes cited as a precedent for loosening the bonds in the United Kingdom. It is a strong precedent for closer union. The South Africa Act, 1909, created in fact as well as in name, not a Federation but a true Legislative Union. ”

“ This obligation, in turn, requires that any enactment of Parliament should be judged by standards laid down by the Constitution. The judiciary has the duty of implementing the constitutional safeguards that protect individual rights. When the State seeks to take away the individual fundamental right to life, the safeguards of the Constitution should be examined with special diligence. When it appears that an act of Parliament conflicts with the provisions of the Constitution, we have no choice but to enforce the paramount commands of the Constitution. ”

“ Thus it sets a norm; measures that assail the dignity and self esteem of an individual will need to be justified; there is no place for brutal and dehumanising treatment and punishment. The Constitution has allocated to the State and its organs a role as the protectors and guarantors of those rights to ensure that they are available to all. In the process, it sets the State up as a model for society as it endeavours to move away from a violent past. It is therefore reasonable to expect that the State must be foremost in upholding those values which are the guiding light of civilised societies. ”

“ The form of government of this State shall be that of a republic. ARTICLE 3. It desires to be recognized and respected by the civilized world as an independent and free people. ARTICLE 4. The people seek for no extension of territory, and desire it only in accordance with just principles, when the interest of the Republic makes such extension desirable. ARTICLE 5. The people desire to retain and maintain their territory in South Africa unimpaired. The boundaries thereof are fixed by proclamation. ARTICLE 6. Its territory is open for every foreigner who obeys the laws of this Republic. ”

“ Chairman, are two too many-the high cost of apartheid.
The new constitution is an instrument of the politics of exclusion I referred to earlier. Seventy-three percent of South Africa's population, the blacks, have no part in this constitution, which mentions them quite incredibly only once. ”

“ If I may venture to make a suggestion, the affairs of South Africa should be controlled by a Board or Council, like that which formerly governed India, composed of moderate members of both parties, with an admixture of men possessing practical knowledge of the country. I do not know if any such arrangement would be possible under our constitution, but the present system of government, by which the control of savage races fluctuates in obedience of every variation of English party politics, is most mischievous in its results. ”

“ The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes. ”

“ In dealing with comparative law, we must bear in mind that we are required to construe the South African Constitution, and not an international instrument or the constitution of some foreign country, and that this has to be done with due regard to our legal system, our history and circumstances, and the structure and language of our own Constitution. ”

“ If those who are now a majority of inhabitants of the Transvaal, but are excluded from all participation in its government, were, of their own initiative, and without any interference from without, to attempt to reverse that state of things, they would, without doubt, attract much sympathy from all civilised communities who themselves live under a free Government, and I cannot regard the present state of things in the South African Republic as free from danger to the stability of its institutions. ”