Section 16 of the constitution of south africa

A municipality may make and administer bylaws for the effective administration of the matters which it has the right to administer. The interim constitution was replaced by the constitution of the republic of south africa, 1996. Public administration the text below includes all amendments, up to and including the 17th amendment to the constitution disclaimer. Wikipedia article, wikidata item the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. As spitz correctly states, the drafting of the interim constitution in south africa was no exception to the patterns of constitutionmaking against a backdrop of internal unrest spitz 2000, 64. The rights contained therein form the cornerstone of south african democracy and, as such, they reaffirm the democratic values of human dignity, equality and freedom. These values are promoted by the establishment and. Constitution of the republic of south africa amendment. State institutions that support constitutional democracy 16. Discussion of the constitution south africa constitution. Section 16 of the constitution of south africa contains detailed provisions with regard to freedom of expression, stating. Is the south african constitution the best in the world. The text of this edition is based on a publication by the constitutional assembly of the republic of south africa. South africas constitution of 1996 with amendments.

Expropriation without compensation and section 25 of the. This equality right is the first right listed in the bill of rights. Constitution of the republic of south africa, 1993chapter 3. Basic education rights handbook education rights in south. Section 25 of the south african constitution strikes a delicate balance between the interest of existing property owners and the interests of society as a whole. The formulation of equality clause in the south african. Jump to navigation jump to search 1996 as at 21 november 2001. The bill of rights sets out the fundamental rights of all south africans, including the right to dignity and the right to equality.

Section 165 of the constitution of the republic of southafrica, 1996 hereinafter referred to as the constitution, is hereby amended by the addition of the following subsection. Supreme court of appeal gets it spectacularly wrong in. Section 16 contains the following limitations to freedom of expression the right in subsection 1 does not extend to propaganda for war. The south african constitution facing history and ourselves.

To introduce a new constitution for the republic of south africa and to provide for matters incidental. Constitution of the republic of south africa, 1996200111. Constitution of the republic of south africa, 1996 short title, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Arliament of the republic of south africa enacts, as follows. The following section is substituted for section 169 of the constitution. The right to education is enshrined in the bill of rights chapter of the south african constitution, which states that. Manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. The text below includes all amendments, up to and including the 17th amendment to the constitution disclaimer.

Jan 29, 2018 constitution of the republic of south africa, 1993chapter 14. Section nine of the constitution of south africa wikipedia. But the stakes surrounding the proposed change to section 25 of south africa s constitution are too high to wait until the governing african national congress anc sets out exactly how it wants. Nothing in this section precludes the sharing of revenue raised in terms of this section between municipalities that. The chief justice of south africa has, under section 171 of the constitution of the republic of south africa, 1996, and section 16 of the constitutional court complementary act, 1995 act no. The constitution of south africa is the supreme law of the republic of south africa. The first constitution for the union of south africa was adopted in 1910. It prohibits both discrimination by the government and discrimination by private persons. Constitution of the republic of south africa, 1996, as amended chapter 5. Human dignity, the achievement of equality and the advancement of human rights and freedoms. This day is a commemoration of the 1960 sharpeville massacre and how far the nation has come in the protection of fundamental human rights. The bill of rights also states when rights may be limited.

Section 16 2 then explains that the right to freedom of expression guaranteed in section 16 1 does not extend to certain types of expression including hate speech listed in section 16 2. Section 165 and 6 of the local government transition act. Constitution of the republic of south africa, 1993chapter 14. Pdf section 9 interventions in south african local. These articles were responding to a proposal by the sajbd, submitted to the constitutional. Constitution of the republic of south africa, 1996 chapter 10. On 21 march, south africa celebrates human rights day. The republic of south africa is one, sovereign, democratic state founded on the following values. Jul 29, 20 constitution of the republic of south africa, 199620011121chapter from wikisource 1996. The constitution of the republic of south africa, 1996 the constitution is the supreme highest law of the land.

Constitutional documents of south africa, acts of the parliament of south africa sister projects. Everyone has the right to freedom of expression, which includes freedom of the press and other. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion. Section 1 republic of south africa the republic of south africa is one sovereign democratic state founded on the following values.

Constitution of the republic of south africa, 1996 no. Land redistribution in south africa commissioned report for high level panel on the assessment of key legislation and the acceleration of fundamental change, an initiative of the parliament of south africa. One of the cornerstones of the constitution of the republic of south africa the constitution is the bill of rights. Constitution of the republic of south africa act 200 of 1993. The highest law of the land, it is widely regarded as the most progressive constitution in the world, with a bill of rights second to none. The interim constitution constitution of the republic of south africa, act 200 of 1993 paved the way for our new democracy. Constitution of the republic of south africa, 1996 chapter. In south africa, chapter 2 section 161 of the constitution guarantees that everyone has the right to freedom of expression, including. Jul 16, 2018 it is treated almost as trite in south african political discourse that our constitution, officially called the constitution of the republic of south africa, 1996, is the best constitution in the world. It enshrines the rights of all people in our country. On the right to property constitutionally speaking.

The republic of south africa, the constitution of the republic of south africa, 1996, department of justice and constitutional development website. Today the fundamental rights of south africans are enshrined in our constitution under the bill of rights. Constitution south africa has had two constitutions since 1994. It is central to developing and implementing health law and policy, which it regulates in at least. Constitution of the republic of south africa, 1996 preamble. During the drafting of the interim constitution south africa was on the brink of a civil war. The amendments to the text of the constitution were inserted in the original text by staff of the government communication and information system gcis, as parliament does not publish updated official texts of the constitution. South africas constitution of 1996 with amendments through 2012. Constitution of the republic of south africa, 199620011121chapter. Constitution of the republic of south africa, 1996 adopted on. Jan 29, 2018 constitution of the republic of south africa, 1993chapter 3.

Chapter 1 founding provisions, section 6 languages of the constitution of south africa is the basis for government language policy, and section 29 chapter 2, bill of rights places positive responsibilities upon the state in this regard. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. In a comment published on politicsweb last week, david saks, an associate director of the south african jewish board of deputies sajbd, replied to two articles 1 2 published by the helen suzman foundation. The popular american jurist, cass r sustein, for example, has written that he considers the south african constitution to be the best in. Section 16 guarantees for everyone and by everyone, comrades, i mean also nonanc members and even people who think jacob zuma is a rightwing, sexist, crook the right to freedom of expression, which includes the right to receive and impart information.

Constitution of the republic of south africa act 108 of 1996. South african constitution of 1996 republic of south africa. Each of these statements is the same, only in a different south african language. This act is called the constitution of the republic of south africa, 1996, and comes into effect as soon as possible on a date set by the president by proclamation, which may not be a date later than 1 july 1997. Everyone has the right to freedom of expression, which includes. Well, section 16 of the south african constitution is perhaps a good place.

The south african constitution 1996 section 28 bill of child rights the south african government signed the south african constitution in 1996 clearly outlining its commitment to the child rights section 28. Constitution of the republic of south africa, 1993. Chapter two of the constitution of south africa wikipedia. Bill of rights chapter 2 of the constitution of the republic. Constitution of the republic of south africa, 1996 south. This bill of rights is a cornerstone of democracy in south africa. The laws mentioned in schedule 7 are repealed, subject to section 243 and schedule 6. Section 16 of the constitution governs the right to freedom of expression. South africans are debating whether to amend the constitution with reference to section 25 of the south african constitution. Basic education rights handbook education rights in. Constitution of the republic of south africa, 1996. Constitution of the republic of south africa, 199620011121.

Jul 29, 20 constitution of the republic of south africa, 1996chapter 11. Bill of rights chapter 2 of the constitution of the. Section 16 of the constitution of the republic of south africa. This gave rights to the white minority but took away the right to vote of the majority of south africans.

Constitution of the republic of south africa manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Section 29 states that everyone has the right to receive education in the official language or. Constitution of the republic of south africa amendment bill. The popular american jurist, cass r sustein, for example, has written that he considers the south african constitution to be the best in the world. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the government. South africas constitution is the result of remarkably detailed and inclusive negotiations that. Constitution of the republic of south africa, 1996chapter 9. Section 1 and this subsection may be amended by a bill passed by. The negotiating and signing of all international agreements is the responsibility of the national executive. Constitution of the republic of south africa, 1996chapter. The internal limitation contained in section 162 of the constitution and applicable. On 31 may 1961 south africa was declared a republic.

Section nine of the constitution of south africa guarantees equality before the law and freedom from discrimination to the people of south africa. For the purposes of this section the public service shall include the permanent force of the national defence force referred to in section 226 1. Section 28 of the constitution adopted in 1996, and amended in 2012, includes the following provisions. Constitution of the republic of south africa, 1996chapter 11. The constitution of the republic of south africa, 1996 provides for international law in chapter 14, ss 231 233. National legislation may regulate the process established by this section.