South Africa
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 from 23 August 2013.]
Provisions | Status |
---|---|
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), (1)(c)–(d), (2)–(8), section 161–164; 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). |
Chapter 7, section 159(1)–(3); Chapter 8, section 178(7)–(8); Chapter 10, section 196(4)(g) | commenced on 7 October 1998 by Constitution Second Amendment Act, 1998. |
Chapter 7, section 155(6A), section 157(4)(a)–(b) | commenced on 30 October 1998 by Constitution Third Amendment Act, 1998. |
Chapter 5, section 93(1)–(2); Chapter 13, subpart, section 230A | commenced on 21 November 2001 by Constitution Sixth Amendment Act, 2001. |
Chapter 4, subpart, section 73(2)(a)–(b), section 77(1)(a)–(d), (2)(a)–(d); Chapter 6, subpart, section 120(1)(a)–(d), (2)(a)–(d); Chapter 13, subpart, section 226(4) | commenced on 26 April 2002 by Constitution Seventh Amendment Act, 2001. |
Chapter 4, subpart, section 61(2)(a)(i)–(ii), (2)(b)(i)–(ii), section 62(3)(a)–(b) | commenced on 20 June 2002 by Constitution Ninth Amendment Act, 2002. |
Chapter 4, subpart, section 47(3)(c); Chapter 6, subpart, section 106(3)(c) | commenced on 20 March 2003 by Constitution Tenth Amendment Act, 2003. |
Chapter 6, subpart, section 139(1)(c), (2)(a)(i)–(ii), (2)(b)(i)–(ii), (3)(a)–(b), (4)–(8) | commenced on 11 July 2003 by Constitution Eleventh Amendment Act, 2003. |
Chapter 6, section 103(3) |
commenced on 23 December 2005
by Constitution Twelfth Amendment Act, 2005.
Note: See section 5(2) of the amending Act. |
Chapter 7, section 158(3) | commenced on 17 April 2009 by Constitution Fifteenth Amendment Act, 2008. |
Chapter 2, section 28(1)(f)(iii); Chapter 8, section 165(6), section 167(3)(b)(i)–(ii), section 168(3)(b)(i)–(iii), section 169(1)–(3) | commenced on 23 August 2013 by Constitution Seventeenth Amendment Act, 2012. |
- [Amended by Constitution First Amendment Act, 1997 on 4 February 1997]
- [Amended by Constitution Second Amendment Act, 1998 on 7 October 1998]
- [Amended by Constitution Third Amendment Act, 1998 on 30 October 1998]
- [Amended by Constitution Fifth Amendment Act, 1999 on 19 March 1999]
- [Amended by Constitution Fourth Amendment Act, 1999 on 19 March 1999]
- [Amended by Constitution Sixth Amendment Act, 2001 on 21 November 2001]
- [Amended by Constitution Seventh Amendment Act, 2001 on 26 April 2002]
- [Amended by Constitution Eighth Amendment Act, 2002 on 20 June 2002]
- [Amended by Constitution Ninth Amendment Act, 2002 on 20 June 2002]
- [Amended by Constitution Tenth Amendment Act, 2003 on 20 March 2003]
- [Amended by Constitution Eleventh Amendment Act, 2003 on 11 July 2003]
- [Amended by Constitution Seventh Amendment Act, 2001 on 1 December 2003]
- [Amended by Citation of Constitutional Laws Act, 2005 (Act 5 of 2005) on 27 June 2005]
- [Amended by Constitution Twelfth Amendment Act, 2005 on 23 December 2005]
- [Amended by Constitution Twelfth Amendment Act, 2005 on 1 March 2006]
- [Amended by Constitution Thirteenth Amendment Act, 2007 on 14 December 2007]
- [Amended by Constitution Sixteenth Amendment Act, 2009 on 3 April 2009]
- [Amended by Constitution Fifteenth Amendment Act, 2008 on 17 April 2009]
- [Amended by Constitution Fourteenth Amendment Act, 2008 on 17 April 2009]
- [Amended by South African Police Service Amendment Act, 2012 (Act 10 of 2012) on 14 September 2012]
- [Amended by Constitution Seventeenth Amendment Act, 2012 on 23 August 2013]
Chapter 1
Founding provisions
1. Republic of South Africa
The Republic of South Africa is one, sovereign, democratic state founded on the following values:2. Supremacy of Constitution
This 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.3. Citizenship
4. National anthem
The national anthem of the Republic is determined by the President by proclamation.5. National flag
The national flag of the Republic is black, gold, green, white, red and blue, as described and sketched in Schedule 1.6. Languages
Chapter 2
Bill of Rights
7. Rights
8. Application
9. Equality
10. Human dignity
Everyone has inherent dignity and the right to have their dignity respected and protected.11. Life
Everyone has the right to life.12. Freedom and security of the person
13. Slavery, servitude and forced labour
No one may be subjected to slavery, servitude or forced labour.14. Privacy
Everyone 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 petition
Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.18. Freedom of association
Everyone has the right to freedom of association.19. Political rights
20. Citizenship
No citizen may be deprived of citizenship.21. Freedom of movement and residence
22. Freedom of trade, occupation and profession
Every 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. Environment
Everyone has the right -25. Property
26. Housing
27. Health care, food, water and social security
28. Children
29. Education
30. Language and culture
Everyone 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 courts
Everyone 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. |
10 | Human dignity | Entirely |
11 | Life | Entirely |
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. |