Constitution of the Republic of South Africa, 1993/1994-11-23

by ratified by the Multiparty Negotiating Forum and adopted and amended by the Parliament of South Africa

Act

To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto.

as amended by

Constitution of the Republic of South Africa Amendment Act, No. 2 of 1994
Constitution of the Republic of South Africa Second Amendment Act, No. 3 of 1994
Constitution of the Republic of South Africa Third Amendment Act, No. 13 of 1994
Constitution of the Republic of South Africa Fourth Amendment Act, No. 14 of 1994
Constitution of the Republic of South Africa Fifth Amendment Act, No. 29 of 1994

Table of Contents

		Sections
Chapter 1	Constituent and Formal Provisions	1–4
Chapter 2	Citizenship and Franchise	5–6
Chapter 3	Fundamental Rights	7–35
Chapter 4	Parliament	36–39
	—The National Assembly	40–47
	—The Senate	48–54
	—The National Assembly and the Senate	55–67
Chapter 5	The Adoption of the new Constitution	68–74
Chapter 6	The National Executive	75–95
Chapter 7	The Judicial Authority and the Administration of Justice	96–109
Chapter 8	The Public Protector, Human Rights Commission, Commission on Gender Equality and Restitution of Land Rights
	—The Public Protector	110–114
	—Human Rights Commission	115–118
	—Commission on Gender Equality	119–120
	—Restitution of Land Rights	121–123
Chapter 9	Provincial Government	124
	—Provincial Legislative Authority	125–143
	—Provincial Executive Authority	144–154
	—Provincial Finance and Fiscal Affairs	155–159
	—Provincial Constitutions	160–162
	—Commission on Provincial Government	163–173
Chapter 10	Local Government	174–180
Chapter 11	Traditional Authorities	181–184
Chapter 11A	Volkstaat Council	184A–184B
Chapter 12	Finance
	—General Financial Affairs	185–190A
	—Auditor-General	191–194
	—South African Reserve Bank	195–197
	—Financial and Fiscal Commission	198–206
	—Commission on Remuneration of Representatives	207–208
Chapter 13	Public Service Commission and Public Service
	—Public Service Commission	209–211
	—The Public Service	212
	—Provincial Service Commissions	213
Chapter 14	Police and Defence
	—South African Police Service	214–223
	—National Defence Force	224–228
Chapter 15	General and Transitional Provisions	229–251
Schedule 1	Part 1: Definitions of Provinces
	Part 2: Contentious Areas
Schedule 2	System for Election of National Assembly and Provincial Legislatures
Schedule 3	Oaths and Affirmations of Office
Schedule 4	Constitutional Principles
Schedule 5	Procedure for Election of President
Schedule 6	Legislative Competences of Provinces
Schedule 7	Repeal of Laws

Preamble

In humble submission to Almighty God,
We, the people of South Africa declare that—

Whereas there is a need to create a new order in which all South Africans will be entitled to a common South African citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms;

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;

And whereas it is necessary for such purposes that provision should be made for the promotion of national unity and the restructuring and continued governance of South Africa while an elected Constitutional Assembly draws up a final Constitution;

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(Afrikaans text signed by the State President.)
(Assented to 25 January 1994.)

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Now therefore the following provisions are adopted as the Constitution of the Republic of South Africa: