This is the version of this Act as it was from 18 December 1996 to 3 February 1997. Read the latest available version.
Constitution of the Republic of South Africa, 1996
- Published in Government Gazette 17678 on 18 December 1996
- There are multiple commencements
- [This is the version of this document as it was from 18 December 1996 to 3 February 1997.]
|Chapter 1 (section 1–6); Chapter 2 (section 7–39); Chapter 3 (section 40–41); Chapter 4 (section 42–82); Chapter 5 (section 83–102); Chapter 6 (section 103–150); Chapter 7, section 151–159, section 160(1)(a), 160(1)(c), 160(1)(d), 160(2), 160(3), 160(4), 160(5), 160(6), 160(7), 160(8), section 161, section 162–164; Chapter 8 (section 165–180); Chapter 9 (section 181–194); Chapter 10 (section 195–197); Chapter 11 (section 198–210); Chapter 12 (section 211–212); Chapter 13, subpart, section 217, section 219; subpart (section 220–222); subpart (section 223–225); Chapter 14 (section 231–243)||
commenced on 4 February 1997
by Proclamation R6 of 1997.
Note: See section 243(5).
|Chapter 7, section 160(1)(b)||commenced on 30 June 1997 by Proclamation R6 of 1997.|
|Chapter 13, subpart, section 213–216, section 218; subpart (section 226–230)||
commenced on 1 January 1998.
Note: See section 243(5).
1. Republic of South AfricaThe Republic of South Africa is one, sovereign, democratic state founded on the following values:
2. Supremacy of ConstitutionThis Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
4. National anthemThe national anthem of the Republic is determined by the President by proclamation.
5. National flagThe national flag of the Republic is black, gold, green, white, red and blue, as described and sketched in Schedule 1.
Bill of Rights
10. Human dignityEveryone has inherent dignity and the right to have their dignity respected and protected.
11. LifeEveryone has the right to life.
12. Freedom and security of the person
13. Slavery, servitude and forced labourNo one may be subjected to slavery, servitude or forced labour.
14. PrivacyEveryone has the right to privacy, which includes the right not to have -
15. Freedom of religion, belief and opinion
16. Freedom of expression
17. Assembly, demonstration, picket and petitionEveryone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.
18. Freedom of associationEveryone has the right to freedom of association.
19. Political rights
20. CitizenshipNo citizen may be deprived of citizenship.
21. Freedom of movement and residence
22. Freedom of trade, occupation and professionEvery citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
23. Labour relations
24. EnvironmentEveryone has the right -
27. Health care, food, water and social security
30. Language and cultureEveryone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.
31. Cultural, religious and linguistic communities
32. Access to information
33. Just administrative action
34. Access to courtsEveryone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.
35. Arrested, detained and accused persons
36. Limitation of rights
37. States of emergency
Table of Non-Derogable Rights
|1Section number||2Section title||3Extent to which the right is non-derogable|
|9||Equality||With respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex, religion or language.|
|12||Slavery, servitude and forced labour||With respect to subsections (1)(d) and (e) and (2)(c).|
|13||Freedom and security of the person||With respect to slavery and servitude|
|28||Children||With respect to:- subsection (1)(d) and (e);- the rights in subparagraphs (i) and (ii) of subsection (1)(g); and- subsection (1)(i) in respect of children of 15 years and younger.|
|35||Arrested, detained and accused persons||With respect to:- subsections (1)(a), (b) and (c) and (2)(d);- the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d);- subsection (4); and- subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair.|