South African Constitution of 1993 (Interim Constitution)

Country/entity
South Africa
Region
Africa (excl MENA)
Agreement name
South African Constitution of 1993 (Interim Constitution)
Date
18/11/1993
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict (Post Apartheid South Africa and Namibian Independence (1990 - 1994)
South Africa – internal. The roots of the modern South African conflict are found in the British and Dutch colonization of Southern Africa, which resulted in the introduction of a white minority who soon held power in the region. The South African state emerged following a hard-fought pact between the British government and the white Afrikaner minority. ‘Apartheid’ – the Afrikaans word for separateness – became official government policy after 1948. Resistance to this system was widespread and took diverse forms. In 1912, the African National Congress (ANC) was formed to push for reforms in the country. After the 1960 Sharpeville massacre several organisations around the ANC took up arms and began to fight the Apartheid government using violent means. During the 1980s, President P.W. Botha introduced a reform policy that enabled the post-1990 peace agreements, which paved the way for the end of the apartheid system.

South Africa- Namibia. One set of agreements relates to the independence of Namibia which followed from the end of apartheid.

Post Apartheid South Africa and Namibian Independence (1990 - 1994) )
Stage
Framework/substantive - comprehensive
Conflict nature
Government
Peace process
105: South Africa peace process
Parties
Not signed, constitution known to have been endorsed by the South African Parliament
Third parties
Description
This is an extensive transitional document which sets out in particular the powers, authority and limitations of the new government. It is formatted in extensive chapters with detailed sub-sections. It ensures democracy and participation, fundamental human rights, the establishment of new political and legislative institutions and provides for the creation of a new permanent constitution to supersede it.

Agreement document
ZA_931206_Interim Constitution.pdf []

Groups

Children/youth
Substantive
Page 6, Chapter 3 FUNDAMENTAL RIGHTS, Section 30 Children
(1) Every child shall have the right:
(a) to a name and nationality as from birth;
(b) to parental care;
(c) to security, basic nutrition and basic health and social services;
(d) not to be subject to neglect or abuse; and
(e) not to be subject to exploitative labor practices nor to be required or permitted to perform work which is hazardous or harmful to his or her education, health or well being.
(2) Every child who is in detention shall, in addition to the rights which he or she has in terms of Section 25, have the right to be detained under conditions and to be treated in a manner that takes account of his or her age.
(3) For the purpose of this section a child shall mean a person under the age of 18 years and in all matters concerning such child his or her best interest shall be paramount.
Disabled persons
Anti-discrimination
Page 3, Chapter 3 FUNDAMENTAL RIGHTS, Section 8 Equality
...
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Substantive
Page 10, Chapter 4 Parliament
, Section 42 Qualification for membership of National Assembly 
(1) No person shall become or remain a member of the National Assembly unless he or she is a South African citizen and is and remains qualified in terms of Section 6 to vote in an election of the National Assembly, or if he or she:

... (d) is of unsound mind and has been so declared by a competent court; or
Elderly/age
Anti-discrimination
Page 3, Chapter 3 FUNDAMENTAL RIGHTS, Section 8 Equality
...
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Substantive
Page 2-3, Chapter 2 Citizenship and Franchise, Section 6 The franchise,
Every person who is

... (ii) ... (b) of or over the age of 18 years;
...shall be entitled to vote in elections of the National Assembly, a provincial legislature or a local government and in referenda or plebiscites contemplated in this Constitution, in accordance with and subject to the laws regulating such elections, referenda and plebiscites.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 1, Preamble,
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;
Anti-discrimination
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Religious groups
Anti-discrimination
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Substantive
Page 4, Chapter 3 Fundamental Rights,
Section 14 Religion, belief, and opinion
... (2) Without derogating from the generality of Subsection (1), religious observances may be conducted at state or state-aided institutions under rules established by an appropriate authority for that purpose, provided that such religious observances are conducted on an equitable basis and attendance at them is free and voluntary.

Page 4, Chapter 3 Fundamental Rights,
Section 14 Religion, belief, and opinion
... (3) Nothing in this Chapter shall preclude legislation recognizing:
(a) a system of personal and family law adhered to by persons professing a particular religion; and (b) the validity of marriages concluded under a system of religious law subject to specified procedures.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
Anti-discrimination
Page 3, Chapter 3 Fundamental Rights,
Section 8 Equality,
... (2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Substantive
Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (3) ... (b) Without derogating from the generality of Paragraph (a), the steps referred to in that paragraph may include:
(i) the amendment, repeal or replacement of any law regulating the establishment, functions and other matters relating to an institution referred to in Section 236 (1), or of any law referred to in Section 236 (2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in Section 236 (2) is repealed, provision shall be made for the application of any law of general application regulating the employment of persons or any class of persons in the employment of the state, to the persons or class of persons affected by such repeal;...

Gender

Women, girls and gender
Page 1, Preamble,
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;

Page 3, Chapter 3 FUNDAMENTAL RIGHTS, Section 8: Equality
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.

Page 30, Chapter 8 PUBLIC PROTECTOR, HUMAN RIGHTS COMMISSION, Section 119: Establishment
(1) There shall be a Commission on Gender Equality, which shall consist of a chairperson and such number of members as may be determined by an Act of Parliament.
(2) The Commission shall consist of persons who are fit and proper for appointment, South African citizens and broadly representative of the South African community.
(3) The object of the Commission shall be to promote gender equality and to advise and to make recommendations to Parliament or any other legislature with regard to any laws or proposed legislation which affects gender equality and the status of women.

Page 30, Chapter 8 Public Protector, Human Rights Commissions 
Section 120 Composition and functioning 
The Act of Parliament referred to in Section 119 shall provide for the composition, powers, functions and functioning of the Commission on Gender Issues and for all other matters in connection therewith. 
Men and boys
Gender neutral wording
Page 1, Preamble,
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;
LGBTI
LGBTI (positive)
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
Family
Page 4, Chapter 3 Fundamental Rights,
Section 14 Religion, belief, and opinion
... (3) Nothing in this Chapter shall preclude legislation recognizing:
(a) a system of personal and family law adhered to by persons professing a particular religion; and

Page 5, Chapter 3 Fundamental Rights,
Section 25 Detained, arrested and accused persons
(1) Every person who is detained, including every sentenced prisoner, shall have the right:
... (d) to be given the opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of- kin, religious counsellor and a medical practitioner of his or her choice; and

Page 8, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension 
... (6) Where a person is detained under a state of emergency the detention shall be subject to the following conditions:
(a) An adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible;

State definition

State definition
Nature of state (general)
Page 1, Preamble,

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;

Page 1, Preamble,
We, the people of South Africa declare that:
... 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;

Page 1, Chapter 1 Constituent and Formal Provisions,
Section 1 Republic of South Africa,

(1) The Republic of South Africa shall be one, sovereign state.

Page 17, Chapter 6 The National Executive
Section 81 Responsibilities of President 
(1) The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall as head of state defend and uphold the Constitution as the supreme law of the land.

(2) The President shall with dignity provide executive leadership in the interest of national unity in accordance with this Constitution and the law of the Republic. 

[Summary: the phrase "the spirit underlying the concept of a government of national unity" is repeated in various clauses.]

Page 58, Chapter 14 Police and Defence
Section 227 Functions of National Defence Force
(1) The National Defence Force may, subject to this Constitution, be employed:
(a) for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;
State configuration
Page 2, Chapter 1 Constituent and Formal Provisions,
Section 4 Supremacy of the Constitution,
... (2) This Constitution shall bind all legislative, executive and judicial organs of state at all levels of government.
Referendum
Page 17, Chapter 5 Adoption of the New Constitution
Section 73 Adoption of new constitutional text 

... (6) A text approved under Subsection (5) shall, after it has been certified by the Constitutional Court in terms of Section 71 (2), be referred by the President for a decision by the electorate by way of a national referendum.

(7) The question put before the electorate in the referendum shall be the acceptance or rejection of the text approved under Subsection (5).

(8) The text presented to the electorate in the referendum shall, if approved by a majority of at least 60 per cent of the votes cast in the referendum and subject to Subsection (13), become the Constitution of the Republic of South Africa.

(9) If the relevant text is not approved in the referendum in accordance with Subsection (8), or if a new constitutional text is not passed in terms of this Chapter within the period of two years referred to in Subsection (1), the President shall dissolve Parliament by proclamation in the Gazette within 14 days after the referendum or the expiry of the said period, whereupon an election contemplated in Section 39 (1)(a) shall be held. ...
State symbols
Page 1, Chapter 1 Constituent and Formal Provisions,
Section 2 National symbols,
(1) The national flag of the Republic shall be the flag the design of which is determined by the President by proclamation in the Gazette.
(2) The national anthem of the Republic shall be as determined by the President by proclamation in the Gazette.
(3) The coat of arms of the Republic and the seal of the Republic under the previous Constitution shall be the national coat of arms of the Republic and the seal of the Republic under this Constitution.

Page 1, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
[Summary] see Cultural heritage.

Page 70, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 248 National flag and anthem
(1) The State President may at any time before the commencement of this Constitution or while continuing in office in terms of Section 235 (1)(a), exercise, on the advice of the Transitional Executive Council, the powers conferred upon the President by Section 2 (1) and (2), and if the State President in the exercise of such powers issues a proclamation referred to in that section, such proclamation shall for all purposes be deemed to form part of this Constitution.
(2) This section shall come into operation on the date of promulgation of this Constitution.
Border delimitation
Page 1, Chapter 1 Constituent and Formal Provisions,
Section 1 Republic of South Africa,
... (2) The national territory of the Republic shall comprise the areas defined in Part 1 of Schedule 1.

Governance

Political institutions (new or reformed)
General references
Page 3, Chapter 3 Fundamental Rights,
Section 7 Application,
(1) This Chapter shall bind all legislative and executive organs of state at all levels of government.
(2) This Chapter shall apply to all law in force and all administrative decisions taken and acts performed during the period of operation of this Constitution.
(3) Juristic persons shall be entitled to the rights contained in this Chapter where, and to the extent that, the nature of the rights permits.
(4)(a) When an infringement of or threat to any right entrenched in this Chapter is alleged, any person referred to in Paragraph (b) shall be entitled to apply to a competent court of law for appropriate relief, which may include a declaration of rights.
(b) The relief referred to in Paragraph (a) may be sought by:
(i) a person acting in his or her own interest;
(ii) an association acting in the interest of its members;
(iii) a person acting on behalf of another person who is not in a position to seek such relief in his or her own name;
(iv) a person acting as a member of or in the interest of a group or class of persons; or
(v) a person acting in the public interest.

Page 8-15, Chapter 4 PARLIAMENT
[Summary] this chapter outlines the structure and functioning of Parliament, Sections: Constitution of Parliament, Legislative Authority of the Republic, Duration of Parliament, Elections, Composition of the National Assembly, Speaker and Deputy Speaker of the National Assembly, Qualification for Membership of the National Assembly, Vacation of Seats, Filling of Vacancies, Oath or Affirmation for members of National Assembly, Sittings of National Assembly, Quorum, Composition of Senate, President and Deputy President of Senate, Qualification for membership of Senate, Vacation of seats by Senators and filling of vacancies, Oath or Affirmation by Senators, Sittings of Senate, Quorom, Powers, privileges and immunities of Parliament and benefits of its members, Penalty for sitting or voting when disqualified by law, Joint sittings of houses, Rules and orders, Ordinary Bills, Money Bills, Bills Affecting Certain Provincial Matters, Bills amending Constitution, Requisite majorities, Assent to Bills, Signature and enrolment of Acts, Rights and duties of President, Public access to Parliament]

Page 17, Chapter 6 The National Executive

Section 76 Head of State, 
The President shall be the Head of State. 

Page 17-23, Chapter 6 THE NATIONAL EXECUTIVE
[Summary] this chapter outlines the powers and procedures of the Executive - the President and their deputies: Executive authority of the Republic; Head of State; Election of President; Oath or affirmation; Remuneration of President; Tenure of Office of President; Responsibilities of President; Powers and functions of President; Confirmation of executive acts of President; Executive Deputy Presidents; Tenure of Office of Executive Deputy Presidents and filling of vacancies; Acting President; Removal from office of President or Executive Deputy President; Cabinet; Cabinet Procedure; Temporary Assignment of Minister's powers; Transfer of Ministers powers and functions to another Minister; Accountability of Ministers and Cabinet; Votes of no Confidence; Appointment of Deputy Ministers; Cabinet in event of non-participation by Parties]

Page 32-45, Chapter 9 PROVINCIAL GOVERNMENT
[Summary] This chapter establishes the structure, powers and authority of democratically elected governance at a provincial level (as opposed to Chapter 10, Local Government), this includes authorities over local elections (the Electoral Commission), oversight of such bodies and the delineation of territory. Sections: Establishment of Provinces; Provincial legislature; Legislative competence of provinces; Composition of provincial legislatures; Elections; Sittings of provincial legislature; Speaker and Deputy Speaker of provincial legislature; Qualification for membership of provincial legislature; Vacation of seats and filling o vacancies; Oath or affirmation by members; Powers, privileges, and immunities of provincial legislatures and benefits of members; Penalty for sitting or voting when disqualified; Rules and orders; Quorom; Requisite majorities; Assent to bills; Signature and enrolment of provincial laws; Public access to provincial legislatures; Executive authority of provinces; Election of premiers; Tenure and removal from office of Premiers; Responsibilities, powers and functions of Premiers; Acting Premiers; Executive Councils; Executive Council procedure; Temporary assignment of powers procedure; Temporary assignment of powers members; Transfer of powers; Accountability of members of Executive Councils; Votes of no confidence; Provinces' share of revenue collected nationally; Levying of taxes by provinces; Raising of loans by provinces; Revenue allocations by national government; Provincial Revenue Funds; Adoption of provincial constitutions; Development of provincial constitutional dispensation; Election of new provincial governments; Establishment of Commission on Provincial Government; Object and functions of Commission; Constitution of Commission; Chairperson and Deputy Chairperson; Vacation of office and filling of vacancies; Meetings of Commission; Committees; Co-option of persons to Committees; Remuneration of members of commission and other persons; Appointment of Staff; Regulations.

Page 43, Chapter 9 Provincial Government
Section 163 - 173
[Summary] A Commission for Provincial is established, and facilitates the establishment of provincial government. The Commission will also advise, make recommendations, further responsibilities in Section 164.

Page 44, Chapter 9 Provincial Government
Section 164 Object and functions of Commission 
... (2) Advice to the Constitutional Assembly in terms of Subsection (1)(a), shall include recommendations in the form of draft constitutional provisions regarding:
... (d) the final delimitation of powers and functions between national and provincial institutions of government, with due regard to the criteria that are set out in Subsection (3);

Page 45, Chapter 10 Local Government
Section 174 Establishment and status of local government
(1) Local government shall be established for the residents of areas demarcated by law of a competent authority.
(2) A law referred to in Subsection (1) may make provision for categories of metropolitan, urban and rural local governments with differentiated powers, functions and structures according to considerations of demography, economy, physical and environmental conditions and other factors which justify or necessitate such categories.
(3) A local government shall be autonomous and, within the limits prescribed by or under law, shall be entitled to regulate its affairs.
(4) Parliament or a provincial legislature shall not encroach on the powers, functions and structure of a local government to such an extent as to compromise the fundamental status, purpose and character of local government.
(5) Proposed legislation which materially affects the status, powers or functions of local governments or the boundaries of their jurisdictional areas, shall not be introduced in Parliament or a provincial legislature unless it has been published for comment in the Gazette or the Provincial Gazette, as the case may be, and local governments and interested persons, including organized local government, have been given a reasonable opportunity to make written representations in regard thereto.

Page 46, Chapter 10 Local Government
Section 175 Powers and functions of local government
(1) The powers, functions and structures of local government shall be determined by law of a competent authority.
(2) A local government shall be assigned such powers and functions as may be necessary to provide services for the maintenance and promotion of the well-being of all persons within its area of jurisdiction.
(3) A local government shall, to the extent determined in any applicable law, make provision for access by all persons residing within its area of jurisdiction to water, sanitation, transportation facilities, electricity, primary health services, education, housing and security within a safe and healthy environment, provided that such services and amenities can be rendered in a sustainable manner and are financially and physically practicable. (4) A local government shall have the power to make by-laws not inconsistent with this Constitution or an Act of Parliament or an applicable provincial law.
(5) A local government shall have such executive powers as to allow it to function effectively.

Page 45-46, Chapter 10 Local Government
Section 175 Powers and functions of local government
…. (6) A local government may, in its discretion, by means of a resolution of its council provide for the assignment of specified functions to local bodies or sub-Municipal entities within its area of jurisdiction as prescribed and
regulated by or under law where, in the opinion of the council, such assignment of functions will facilitate or enhance the provision or administration of services, the adherence to municipal bylaws or, more generally, good governance in the public interest: Provided that such assignment of functions:
(a) shall not be inconsistent with an Act of Parliament or an applicable provincial law; and
(b) shall not diminish the accountability of such local government.

Page 46, Chapter 10 Local Government
Section 176 Council resolutions
Matters before the council of a local government pertaining to:
(a) the budget of the local government, shall be decided by a resolution of the council adopted by a majority of at least two-thirds of all its members; and
(b) town planning, shall be decided by a resolution of the council adopted by at least a majority of all its members: Provided that a council may delegate the power to make decisions on matters pertaining to town planning to the executive committee or to a committee appointed for this purpose: Provided further that Section 177 shall apply mutatis mutandis to the appointment and functioning of a committee appointed for this purpose.

Page 46, Chapter 10 Local Government
Section 177 Executive committees
A council of a local government shall elect, according to a system of proportional representation as may be prescribed by a law, from among its members, an executive committee to exercise such powers and perform such functions as may be determined by such council: Provided that:
(a) the council shall determine the number of members of and the quorum for the executive committee;
(b) the executive committee shall endeavor to exercise its powers and perform its functions on the basis of consensus among its members; and
(c) if consensus on any matter cannot be achieved, such matter may be decided by the committee by resolution of a majority of at least two-thirds of all its members, or the committee may, if a majority of the committee so decides, submit a report and recommendation (if any) on the matter to the council for a decision.

Page 46, Chapter 10 Local Government
Section 178 Administration and finance
(1) A local government shall ensure that its administration is based on sound principles of public administration, good government and public accountability so as to render efficient services to the persons within its area of jurisdiction and effective administration of its affairs.
(2) A local government shall, subject to such conditions as may be prescribed by law of a competent legislature after taking into consideration any recommendations of the Financial and Fiscal Commission, be competent to levy and recover such property rates, levies, fees, taxes and tariffs as may be necessary to exercise its powers and perform its functions: Provided thatwithin each local government such rates, levies, fees, taxes and tariffs shall be based on a uniform structure for its area of jurisdiction.
(3) A local government shall be entitled to an equitable allocation by the provincial government of funds, and the Financial and Fiscal Commission shall make recommendations regarding criteria for such allocations, taking into account the different categories of local government referred to in Section 174 (2).

Page 46, Chapter 10 Local Government
Section 179 Elections
[Summary] Outlines procedures of local elections.

Page 46, Chapter 10 Local Government
Section 180 Code of conduct
An enforceable code of conduct for members and officials of local governments shall be provided for by law.

Page 47, Chapter 11 Traditional Authorities
Section 183 Provincial House of Traditional Leaders
[Summary] See Traditional Leaders.

Page 48, Chapter 11 Traditional Authorities
Section 184 Council of Traditional Leaders
[Summary] See Traditional Leaders.

Page 60, Chapter 14 Police and Defence
Section 228 Accountability
[Summary] Outlines the responsibilities of the political institutions towards the armed forces.


Page 61, Chapter 15 General and Transitional Provisions
Section 232 Interpretation
(1) ... (b) to a Parliament, House of a Parliament or legislative assembly or body of any territory which after the commencement of this Constitution forms part of the national territory, shall:
(i) if the administration of such a law is allocated in terms of this Constitution to the national government, be construed as a reference to Parliament referred to in Section 36; or
(ii) if the administration of such law is allocated or assigned in terms of this Constitution to a government of a province, be construed as a reference to the provincial legislature of that province;
(c) to a State President, Chief Minister, Administrator or other chief executive, Cabinet, Ministers' Council or executive council of any territory which after the commencement of thisConstitution forms part of the national territory, shall:
(i) if the administration of such law is allocated in terms of this Constitution to the national government, be construed as a reference to the President acting in accordance with this Constitution; or
(ii) if the administration of such law is allocated or assigned in terms of this Constitution to a government of a province, be construed as a reference to the Premier of such province acting in terms of this Constitution;
(d) to an official language or to both official languages, shall be construed, with due regard to Section 3, as a reference to any of the official South African languages under this Constitution.



Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (3) ... (d) If Parliament disapproves of any such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

Page 66, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
[Summary] Section outlines procedures for the transfer of assets and liabilities of state apparatus.

Page 69, Chapter 15 General and Transitional Provisions
Section 245 Transitional arrangements: Local government
(1) Until elections have been held in terms of the Local Government Transition Act, 1993, local government shall not be restructured otherwise than in accordance with that Act.
(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after the elections referred to in Subsection (1) have been held, shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.
(3)(a) For the purposes of the first election of members of a local government after the commencement of this Constitution, the area of jurisdiction of such local government shall be divided into wards in accordance with the Act referred to in Subsection (1).
(b) Forty per cent of the members of the local government shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the Act referred to in Subsection (1), and sixty per cent of the members shall be elected on the basis that each such member shall represent a ward as contemplated in Paragraph (b): Provided that, notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the local government includes:
(i) the area of jurisdiction of any institution or body as was referred to in Section 84 (1)(f) of the Provincial Government Act, 1961 (Act 32 of 1961); and
(ii) any other area not falling within the area of jurisdiction of the institution or body referred to in Subparagraph (i), no area referred to in Subparagraph (i) or (ii) shall be allocated less than half of the total number of wards of the local government concerned: Provided further that an area referred to in Subparagraph (i) shall be deemed not to include any area for which a local government body referred to in Paragraphs (a), (b) and (c) of the definition of `local government body' in Section 1 (1) of the Act referred to in Subsection (1) of this section (as that Act exists at the commencement of this Constitution), has been established.
Temporary new institutions
Page 62, Chapter 15 General and Transitional Provisions
Section 234 Transitional arrangements: Legislative authorities
[summary] Outlines the transitional terms for the legislative authorities on the national and local levels.

Page 62, Chapter 15 General and Transitional Provisions
Section 235 Transitional arrangements: Executive authorities
[Summary] Outlines the transitional terms for the executive organisations on the national and local levels; touching on membership, vacancies, etc. until a new president is elected. Also includes the commencement of laws until the new constitution is in place.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Summary: the agreement in its entirety constitutes a new interim constitution

Page 1, Preamble,
We, the people of South Africa declare that:
... 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;

Page 1, Preamble,
We, the people of South Africa declare that:
... 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;

Page 15-17, [Summary: Chapter 5, outlines the procedure for forming a new constitution which will replace this agreement, it consists of sections on the Constitution-making body; Chairperson and Deputy Chairperson; Rules and Orders; Constitutional principles and certification; Appointment of commissions, committees, and bodies; Adoption of new constitutional text; Amendments relating to this chapter and Schedule 4]

Page 14, Chapter 4 PARLIAMENT
Section 62 Bills amending Constitution
(1) Subject to Subsection (2) and Section 74, a Bill amending this Constitution shall, for its passing by Parliament, be required to be adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of both Houses.
(2) No amendment of Sections 126 and 144 shall be of any force and effect unless passed separately by both Houses by a majority of at least two-thirds of all the members in each House: Provided that the boundaries and legislative and executive competences of a province shall not be amended without the consent of a relevant provincial legislature.

Page 42, Chapter 9 Provincial Government
Section 161 Development of provincial constitutional dispensation 
... (2) Any recommendations of the Commission to the Constitutional Assembly shall include draft provisions for inclusion in the new constitutional text in so far as they relate to matters falling within the ambit of the Commission's object in terms of Section 164. 
(3) The Constitutional Assembly shall deal with such draft provisions in the same manner as it is required in terms of this Constitution to deal with other constitutional proposals.
(4) Draft provisions recommended by the Commission which are not adopted by the Constitutional Assembly shall lapse, except if the Constitutional Assembly by resolution of a majority of the members present and voting refers the recommended provisions back to the Commission for further consideration. 
(5) Draft provisions referred back to the Commission may again be presented to the Constitutional Assembly, provided that if amended in one or more substantive respects, the provisions of this section regarding the acceptance, rejection or referral of the recommendations of the Commission shall apply mutatis mutandis.

Page 44, Chapter 9 Provincial Government
Section 164 Object and functions of Commission 
... (2) Advice to the Constitutional Assembly in terms of Subsection (1)(a), shall include recommendations in the form of draft constitutional provisions regarding:
... (b) the constitutional dispensations of such provinces, including the constitutional structures within such provinces as well as the method of their election and their authority, functions and procedures;

Page 44, Chapter 9 Provincial Government
Section 164 Object and functions of Commission 
... (2) Advice to the Constitutional Assembly in terms of Subsection (1)(a), shall include recommendations in the form of draft constitutional provisions regarding:
... (c) measures, including transitional measures, that provide for the phasing in of new provincial constitutional dispensations;

Page 60, Chapter 15 General and Transitional Provisions
Section 229 Continuation of existing laws
Subject to this Constitution, all laws which immediately before the commencement of this Constitution were in force in any area which forms part of the national territory, shall continue in force in such area, subject to any repeal or amendment of such laws by a competent authority.

Page 60, Chapter 15 General and Transitional Provisions
Section 232 Interpretation
[Summary] Outlines the methods of interpretation for laws referring to Section 229.

Page 61, Chapter 15 General and Transitional Provisions
Section 232 Interpretation
... (2)(a) Any reference in this Constitution to any particular law shall be construed as a reference to that law as it exists from time to time after any amendment or replacement thereof by a competent authority.
(b) An amendment, replacement or repeal of a law referred to in Paragraph (a), shall for the purposes of Section 62 not be considered to be an amendment of this Constitution, and any such amendment, replacement or repeal of a law shall for its validity be dependent on its consistency with this Constitution in terms of Section 4 (1).
(3) No law shall be constitutionally invalid solely by reason of the fact that the wording used is prima facie capable of an interpretation which is inconsistent with a provision of this Constitution, provided such a law is reasonably capable of a more restricted interpretation which is not inconsistent with any such provision, in which event such law shall be construed as having a meaning in accordance with the said more restricted interpretation.
(4) In interpreting this Constitution a provision in any Schedule, including the provision under the heading `National Unity and Reconciliation', to this Constitution shall not by reason only of the fact that it is contained in a Schedule, have a lesser status than any other provision of this Constitution which is not contained in a Schedule, and such provision shall for all purposes be deemed to form part of the substance of this Constitution.
Elections
Page 2, Chapter 2 Citizenship and Franchise,
Section 6 The franchise,
Every person who is
(a)(i) a South African citizen; or
(ii) not such a citizen but who in terms of an Act of Parliament has been accorded the right to exercise the franchise;
(b) of or over the age of 18 years; and


Page 2-3, Section 6 The franchise,
... (ii)... (c) not subject to any disqualifications as may be prescribed by law, shall be entitled to vote in elections of the National Assembly, a provincial legislature or a local government and in referenda or plebiscites contemplated in this Constitution, in accordance with and subject to the laws regulating such elections, referenda and plebiscites.

Page 8, Chapter 4 PARLIAMENT
Section 39 Elections
(1) Upon a dissolution of Parliament in terms of Section 73 (9) or 93 (1) or (3)(c), the President shall by proclamation in the Gazette:
(a) call an election of the National Assembly, which election shall take place within 90 days after the dissolution of Parliament on a date or dates specified in the proclamation; and
(b) request parties represented in the provincial legislatures to nominate persons as senators for the respective provinces in accordance with Section 48 (1)(b).
(2) An election referred to in Subsection (1)(a) shall be held in accordance with the Electoral Act, 1993.

Page 17, Chapter 5 Adoption of the New Constitution
Section 73 Adoption of new constitutional text 

... (9) If the relevant text is not approved in the referendum in accordance with Subsection (8), or if a new constitutional text is not passed in terms of this Chapter within the period of two years referred to in Subsection (1), the President shall dissolve Parliament by proclamation in the Gazette within 14 days after the referendum or the expiry of the said period, whereupon an election contemplated in Section 39 (1)(a) shall be held.

Page 17, Chapter 6 THE NATIONAL EXECUTIVE
Section 77 Election of President
(1)(a) The National Assembly shall at its first sitting after it has been convened in terms of Section 46 (2) elect one of its members as the President.
(b) The National Assembly and the Senate shall thereafter, as often as it again becomes necessary to elect a President, elect at a joint sitting one of the members of the National Assembly as the President.
(2)(a) The Chief Justice, or a judge of the Supreme Court designated by the Chief Justice for this purpose, shall preside over any sitting at which an election referred to in Subsection (1) takes place.
(b) An election referred to in Subsection (1) shall be conducted in accordance with Schedule 5.
(3) The election of a President in terms of Subsection (1)(b) shall take place at a time and on a date fixed by the Chief Justice: Provided that:
(a) if such an election of a President is occasioned by reason of a dissolution of Parliament, it shall take place within 10 days after the Senate was convened after the election of the National Assembly held in pursuance of such dissolution; or
(b) if such an election of a President is occasioned by reason of a vacancy in the office of President, it shall take place within 30 days after the vacancy arose.
(4) On being elected, the President shall vacate his or her seat in the National Assembly.
(5) During the period in which the President continues in office in terms of Section 80 (1)(b), he or she shall for the purposes of Section 42 (1)(e) be deemed not to hold an office of profit under the Republic.


Page 32-34, Chapter 9 Provincial Government
Section 124 Establishment of provinces
[Summary] Section outlines the process of a referendum on the individual provinces, including the responsibilities of the Electoral Commission and the announcement of changes.

Page 35, Chapter 9 Provincial Government
Section 128 Duration and dissolution of provincial legislatures 
(1) A provincial legislature, as constituted in terms of an election of such legislature under this Constitution, shall, subject to Subsection (2), continue for five years as from the date of such election, at the expiry of which it shall be dissolved.

Page 35, Chapter 9 PROVINCIAL GOVERNMENT
Section 129 Elections
(1) If a provincial legislature is dissolved in terms of Section 128 (1), 154 (1) or (3)(c) or 162, the Premier of the province shall upon such dissolution, by proclamation in the Provincial Gazette call an election of such legislature, which election shall take place within 90 days after the dissolution of the legislature on a date or dates specified in the proclamation.
(2) An election referred to in Subsection (1), shall be conducted in accordance with the Electoral Act, 1993.

Page 43, Chapter 9 Provincial Government
Section 162 Election of new provincial governments 
A provincial government may at any time after the commencement of a provincial constitution contemplated in Section 160 or of the constitutional dispensation contemplated in Section 161, petition the Constitutional Assembly to dissolve its provincial legislature and to call an election for the establishment of a new provincial legislature and executive authority in that province. 

Page 46, Chapter 10 Local Government
Section 179 Elections
(1) A local government shall be elected democratically, and such election shall take place in terms of an applicable law and at intervals of not less than three and not more than five years: Provided that the first local government elections after the commencement of this Constitution shall take place on the same day.
(2) The electoral system for a local government shall include both proportional and ward representation and shall be regulated by a law referred to in Subsection (1).
(3) Subject to Section 6, every natural person shall be entitled to vote in an election of a local government if he or she:
(a) is ordinarily resident within the area of jurisdiction of that local government or is under law liable for the payment of property rates, rent, service charges or levies to that local government; and
(b) is registered as a voter on the voters' role of that local government.
(4) A voter shall not have more than one vote per local government.
(5) No person shall be qualified to become or remain a member of a local government if he or she:
(a) is not eligible to vote in terms of Subsection (3);
(b) is a member of the National Assembly or the Senate;
(c) is not qualified to become a member of the National Assembly;
(d) is an employee of a local government (unless, with due regard to the public interest, exemption of this disqualification is given by the Executive Council of the province in which the local government is situated and proof of such exemption accompanies the nomination of such person); or
(e) is disqualified in terms of any other law.

Page 60, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 249 First election of National Assembly
(1) Notwithstanding the fact that Chapter 4 may not yet be in force, the State President may, by proclamation in the Gazette, call an election in terms of the Electoral Act, 1993, for the election of the members of the National Assembly.
(2) Such election shall be conducted in accordance with Schedule 2 and the Electoral Act, 1993.
(3) This section shall come into operation on the date of promulgation of this Constitution.

Page 70-71, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 250 Non-certification of election by Independent Electoral Commission
(1) If in the application of Section 18 of the Independent Electoral Commission Act, 1993, the Independent Electoral Commission declares that it is unable to certify that any election referred to in that section was substantially free and fair, the Commission shall declare that either:
(a) it is able to determine a result based on the votes which could be counted; or
(b) it is unable to determine any result.
(2) If the Independent Electoral Commission declares as contemplated in Subsection (1)(a):
(a) a new election shall be held for the National Assembly and the provincial legislatures or a relevant provincial legislature, as the case may be, mutatis mutandis in accordance with this Constitution and the Electoral Act, 1993, as soon as practicable but in any event not later than 12 months after the date of the election in question: Provided that any reference to the Transitional Executive Council in the said Act shall be deemed to be a reference to Parliament;
(b) Parliament and the provincial legislatures or a provincial legislature, as the case may be, shall be established on the basis of the result determined in terms of Subsection (1)(a): Provided that no provincial legislature shall be established unless the National Assembly is established;
(c) no amendment by a Parliament established on the basis of a declaration in terms of Subsection (1)(a), of this Constitution, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, or the Independent Broadcasting Authority Act, 1993, shall be permissible until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993; and
(d) any provincial legislature established on the basis of a declaration in terms of Subsection (1)(a), shall have no legislative competence save for the enactment of laws necessary for the appropriation of revenue or moneys, or the imposition of taxation within the framework of Section 126, until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993.
(3) If the Independent Electoral Commission declares as contemplated in Subsection (1)(b):
(a) a new election shall be held for the National Assembly and the provincial legislatures, or a relevant provincial legislature, as the case may be, in accordance with this Constitution and the Electoral Act, 1993, as soon as practicable, but in any event not later than within 10 weeks after the date of the election in question: Provided that a new election for the National Assembly and the provincial legislatures shall be held simultaneously; and
(b) the constitutional arrangements under the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983), the Transitional Executive Council Act, 1993, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, and the Independent Broadcasting Authority Act, 1993, shall apply, until the election referred to in Paragraph (a) has been held.
(4) Notwithstanding the provisions of any other law, the Independent Electoral Commission shall continue to exist for the purposes set out in this section and the Commission shall exercise its function contemplated in Section 18 of the Independent Electoral Commission Act, 1993, with reference to an election referred to in this section: Provided that Section 232 (5)(b) shall apply mutatis mutandis in respect of the replacement of members of the Commission.

Page 47, Chapter 11 Traditional Authorities
Section 183 Provincial House of Traditional Leaders
(1)... (b) Draft legislation providing, subject to this Chapter, for the establishment, the composition, the election or nomination of representatives, and the powers and functions of a House contemplated in Paragraph (a), and for procedures applicable to the exercise and performance of such powers and functions, and for any other matters incidental to the establishment and functioning of such a House, shall be introduced in a provincial legislature not later than six months after the election of the first Premier of such province in terms of this Constitution.

Page 48, Chapter 11 Traditional Authorities
Section 184 Council of Traditional Leaders
... (2) The Chairperson and members of the Council shall be elected by an electoral college constituted by the members of the Houses of Traditional Leaders referred to in Section 183.
(3)(a) Draft legislation providing, subject to this Chapter, for the composition, the election of representatives and the powers and functions of the Council established by Subsection (1), and for procedures applicable to the exercise and performance of such powers and functions, and for any other matters incidental to the establishment and functioning of the Council, shall be introduced in Parliament not later than six months as from the commencement of this Constitution.

Page 61, Chapter 15 General and Transitional Provisions
Section 232 Interpretation
... (5)(a) Notwithstanding the provisions of the Independent Electoral Commission Act, 1993 (Act 150 of 1993), the President may at any time after the dissolution of the Independent Electoral Commission in terms of section 9 of that Act, by proclamation in the Gazette, reconvene the Commission for the purposes of a referendum or election referred to in Section 124.
(b) If any person who before its dissolution was a member of the Commission, cannot or is unwilling to serve as a member after it has been reconvened under Paragraph (a), Parliament may, by resolution adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of both Houses, appoint any suitably qualified person to replace any such member.

Page 63, Chapter 15 General and Transitional Provisions
Section 235 Transitional arrangements: Executive authorities
(3) ... (b) once the election results of the National Assembly have been certified by the Independent Electoral Commission in terms of the Independent Electoral Commission Act, 1993, the State President referred to in Subsection (1)(a) shall exercise and perform his or her powers and functions in consultation with the leader of the party which has received the largest number of votes in the said election.

Page 69, Chapter 15 General and Transitional Provisions
Section 245 Transitional arrangements: Local government
... (3)(a) For the purposes of the first election of members of a local government after the commencement of this Constitution, the area of jurisdiction of such local government shall be divided into wards in accordance with the Act referred to in Subsection (1).
(b) Forty per cent of the members of the local government shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the Act referred to in Subsection (1), and sixty per cent of the members shall be elected on the basis that each such member shall represent a ward as contemplated in Paragraph (b): Provided that, notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the local government includes:
(i) the area of jurisdiction of any institution or body as was referred to in Section 84 (1)(f) of the Provincial Government Act, 1961 (Act 32 of 1961); and
(ii) any other area not falling within the area of jurisdiction of the institution or body referred to in Subparagraph (i), no area referred to in Subparagraph (i) or (ii) shall be allocated less than half of the total number of wards of the local government concerned: Provided further that an area referred to in Subparagraph (i) shall be deemed not to include any area for which a local government body referred to in Paragraphs (a), (b) and (c) of the definition of `local government body' in Section 1 (1) of the Act referred to in Subsection (1) of this section (as that Act exists at the commencement of this Constitution), has been established.
Electoral commission
Page 32-34, Chapter 9 Provincial Government
Section 124 Establishment of provinces
[Summary] Section outlines the process of a referendum on the individual provinces, including the responsibilities of the Electoral Commission and the announcement of changes.

Page 70-71, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 250 Non-certification of election by Independent Electoral Commission
(1) If in the application of Section 18 of the Independent Electoral Commission Act, 1993, the Independent Electoral Commission declares that it is unable to certify that any election referred to in that section was substantially free and fair, the Commission shall declare that either:
(a) it is able to determine a result based on the votes which could be counted; or
(b) it is unable to determine any result.
(2) If the Independent Electoral Commission declares as contemplated in Subsection (1)(a):
(a) a new election shall be held for the National Assembly and the provincial legislatures or a relevant provincial legislature, as the case may be, mutatis mutandis in accordance with this Constitution and the Electoral Act, 1993, as soon as practicable but in any event not later than 12 months after the date of the election in question: Provided that any reference to the Transitional Executive Council in the said Act shall be deemed to be a reference to Parliament;
(b) Parliament and the provincial legislatures or a provincial legislature, as the case may be, shall be established on the basis of the result determined in terms of Subsection (1)(a): Provided that no provincial legislature shall be established unless the National Assembly is established;
(c) no amendment by a Parliament established on the basis of a declaration in terms of Subsection (1)(a), of this Constitution, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, or the Independent Broadcasting Authority Act, 1993, shall be permissible until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993; and
(d) any provincial legislature established on the basis of a declaration in terms of Subsection (1)(a), shall have no legislative competence save for the enactment of laws necessary for the appropriation of revenue or moneys, or the imposition of taxation within the framework of Section 126, until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993.
(3) If the Independent Electoral Commission declares as contemplated in Subsection (1)(b):
(a) a new election shall be held for the National Assembly and the provincial legislatures, or a relevant provincial legislature, as the case may be, in accordance with this Constitution and the Electoral Act, 1993, as soon as practicable, but in any event not later than within 10 weeks after the date of the election in question: Provided that a new election for the National Assembly and the provincial legislatures shall be held simultaneously; and
(b) the constitutional arrangements under the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983), the Transitional Executive Council Act, 1993, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, and the Independent Broadcasting Authority Act, 1993, shall apply, until the election referred to in Paragraph (a) has been held.
(4) Notwithstanding the provisions of any other law, the Independent Electoral Commission shall continue to exist for the purposes set out in this section and the Commission shall exercise its function contemplated in Section 18 of the Independent Electoral Commission Act, 1993, with reference to an election referred to in this section: Provided that Section 232 (5)(b) shall apply mutatis mutandis in respect of the replacement of members of the Commission.

Page 61, Chapter 15 General and Transitional Provisions
Section 232 Interpretation
... (5)(a) Notwithstanding the provisions of the Independent Electoral Commission Act, 1993 (Act 150 of 1993), the President may at any time after the dissolution of the Independent Electoral Commission in terms of section 9 of that Act, by proclamation in the Gazette, reconvene the Commission for the purposes of a referendum or election referred to in Section 124.
(b) If any person who before its dissolution was a member of the Commission, cannot or is unwilling to serve as a member after it has been reconvened under Paragraph (a), Parliament may, by resolution adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of both Houses, appoint any suitably qualified person to replace any such member.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
Page 47, Chapter 11 Traditional Authorities
Section 181 Recognition of traditional authorities and indigenous law
(1) A traditional authority which observes a system of indigenous law and is recognized by law immediately before the commencement of this Constitution, shall continue as such an authority and continue to exercise and perform the powers and functions vested in it in accordance with the applicable laws and customs, subject to any amendment or repeal of such laws and customs by a competent authority.
(2) Indigenous law shall be subject to regulation by law.

Page 47, Chapter 11 Traditional Authorities
Section 182 Traditional authorities and local government
The traditional leader of a community observing a system of indigenous law and residing on land within the area of jurisdiction of an elected local government referred to in Chapter 10, shall ex officio be entitled to be a member of that local government, and shall be eligible to be elected to any office of such local government.

Page 47, Chapter 11 Traditional Authorities
Section 183 Provincial House of Traditional Leaders
(1)(a) The legislature of each province in which there are traditional authorities and their communities, shall establish a House of Traditional Leaders consisting of representatives elected or nominated by such authorities in the province.
(b) Draft legislation providing, subject to this Chapter, for the establishment, the composition, the election or nomination of representatives, and the powers and functions of a House contemplated in Paragraph (a), and for procedures applicable to the exercise and performance of such powers and functions, and for any other matters incidental to the establishment and functioning of such a House, shall be introduced in a provincial legislature not later than six months after the election of the first Premier of such province in terms of this Constitution.
(c) The traditional authorities resident in a province shall before the introduction of draft legislation referred to in Paragraph (b), be consulted, in a manner determined by resolution of the provincial legislature, to establish their views on the content of such legislation.
(2)(a) A House referred to in Subsection (1)(a), shall be entitled to advise and make proposals to the provincial legislature or government in respect of matters relating to traditional authorities, indigenous law or the traditions and customs of traditional communities within the province.
(b) Any provincial Bill pertaining to traditional authorities, indigenous law or such traditions and customs, or any other matters having a bearing thereon, shall be referred by the Speaker of the provincial legislature to the House for its comments before the Bill is passed by such legislature.
(c) The House shall, within 30 days as from the date of such referral, indicate by written notification to the provincial legislature its support for or opposition to the Bill, together with any comments it wishes to make.
(d) If the House indicates in terms of Paragraph (c) that it is opposed to the Bill, the provincial legislature shall not pass the Bill before a period of 30 days as from the date of receipt by the Speaker of such written notification has lapsed.
(e) If the House fails to indicate within the period prescribed by Paragraph (c) whether it supports or opposes the Bill, the provincial legislature may proceed with the Bill.

Page 48, Chapter 11 Traditional Authorities
Section 184 Council of Traditional Leaders
(1) There is hereby established a Council of Traditional Leaders consisting of a chairperson and 19 representatives elected by traditional authorities in the Republic.
(2) The Chairperson and members of the Council shall be elected by an electoral college constituted by the members of the Houses of Traditional Leaders referred to in Section 183.
(3)(a) Draft legislation providing, subject to this Chapter, for the composition, the election of representatives and the powers and functions of the Council established by Subsection (1), and for procedures applicable to the exercise and performance of such powers and functions, and for any other matters incidental to the establishment and functioning of the Council, shall be introduced in Parliament not later than six months as from the commencement of this Constitution.
(b) Section 183 (1)(c) shall apply mutatis mutandis in respect of draft legislation referred to in Paragraph (a) of this subsection, and in such application a reference therein to a provincial legislature shall be construed as a reference to Parliament.
(4) The Council shall, in addition to any other powers and functions assigned to it by any other law, be competent:
(a) to advise and make recommendations to the national government with regard to any matter pertaining to traditional authorities, indigenous law or the traditions and customs of traditional communities anywhere in the Republic, or any other matters having a bearing thereon; and
(b) at the request of the President, to advise him or her on any matter of national interest.
(5)(a) Any parliamentary Bill pertaining to traditional authorities, indigenous law or the traditions and customs oftraditional communities or any other matters having a bearing thereon, shall, after having been passed by the House in which it was introduced but before it is passed by the other House, be referred by the Secretary to Parliament to the Council for its comments.
(b) The Council shall, within 30 days as from the date of such referral, indicate by written notification to the Secretary to Parliament its support for or opposition to the Bill, together with any comments it wishes to make. (c) If the Council indicates in terms of Paragraph (b) its opposition to the Bill, the other House shall not pass the Bill before a period of 30 days as from the date of receipt by the said Secretary of such written notification has lapsed.
(d) If the Council fails to indicate within the period prescribed by Paragraph (b) whether it supports or opposes the Bill, Parliament may proceed with the Bill.
Public administration
Page 34, Chapter 9 Provincial Government
Section 126 Legislative competence of provinces 
(2)... (c) it is necessary to set minimum standards across the nation for the rendering of public services;

Page 38, Chapter 9 Provincial Government
Section 143 Administration of provincial legislatures 
(1) For the purposes of setting up a provisional administration of a provincial legislature, the Transitional Executive Council shall as soon as possible after the commencement of this Constitution appoint for each provincial legislature a provisional secretary, who shall hold office as Secretary until an appointment is made in terms of Subsection (2). 
(2) The Executive Council of a province shall after consultation with the Commission on Provincial Government appoint a Secretary and such other staff as may be necessary for the discharge of the work of such legislature.
(3) Persons appointed under this section shall be remunerated out of and as a charge on the Provincial Revenue Fund of the province. 

Page 44, Chapter 9 Provincial Government
Page 45, Section 171 Remuneration of members of Commission and other persons
Members of the Commission and persons referred to in Section 170 who are not in the employment of the state, shall be paid, from moneys appropriated by Parliament for the purpose, such remuneration and allowances as the Minister responsible for national financial affairs may determine.

Page 44, Chapter 9 Provincial Government
Section 172 Appointment of staff
The Commission may appoint such staff as it may deem necessary for the efficient performance of its functions and administration, and may, in consultation with the Public Service Commission, determine the remuneration and conditions of service of staff members who are not public servants seconded to the service of the Commission.

Page 48, Chapter 12 FINANCE [This chapter outlines the authority of the government to raise and regulate revenue and the establishment of a Financial and Fiscal Commission. Sections: National Revenue Fund; Annual budget; Procurement administration; Guarantees by national government; Special Pensions; Income tax of elected representatives; Establishment and appointment; Independence and impartiality; Powers and functions; Staff and Expenditure; Central Bank; Primary objectives; Powers and functions; Establishment; Objects and functions; Constitution, expertise and impartiality; Meetings of Commission; Committees; Co-option of persons by committees; Remuneration and allowances of members and other persons; Appointment of staff; Regulations; Establishment; Composition and functioning]

Page 53-55, Chapter 13 PUBLIC SERVICE
[Summary] Establishes the Public Service Commission which in turn shall define the roles and regulations of the civil service. Sections: Establishment; Powers and functions; Composition; 212 (undefined - basic establishment of the Public Service); 213 (Basic definition of the provincial legislatures).

Page 60, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 230 Repeal of laws
(1) The laws mentioned in Schedule 7 are hereby repealed to the extent set out in the third column of the said Schedule.
(2) Notwithstanding the repeal of Sections 13 and 101 (2) of the previous Constitution, any pension which, but for such repeal, would have been payable shall continue to be payable as if such repeal had not been effected.

Page 60, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS [This chapter contains, but is not limited to, provisions providing for transition from the previous forms of administration to the new ones. Sections include: Transitional arrangements: Legislative Authorities; Executive authorities; Public administration; Rationalization of public administration; Public service commissions; Assets and liabilities; State Revenue Fund; Local Government; Pensions of Political office-bearers]

Page 64, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
(1) A public service, department of state (including a police force), administration, military force as defined in Section 224 (2)(a) or (b) or other institution (excluding any local government) which immediately before the commencement of this Constitution performed governmental functions under the control of an authority referred to in Section 235 (1)(a), (b) or (c), shall, subject to Subsection (7), continue to function as such in accordance with the laws applicable to it until it is, as the case may be, abolished or incorporated or integrated into any appropriate institution or is rationalized as contemplated in any other Chapter, consolidated with any other institution or otherwise rationalized as contemplated in Section 237, as the case may be: Provided that a military force referred to in this subsection shall not be employed for service referred to in Section 227 (1)(a), (b) or (e) otherwise than by the President and shall only be used for such service by the authority referred to in Section 225 in accordance with Section 227 (2).
(2) A person who immediately before the commencement of this Constitution was employed by an institution referred to in Subsection (1) shall continue in such employment subject to and in accordance with this Constitution and other applicable laws regulating such employment.
(3) Subject to Subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of this Constitution performed governmental functions as contemplated in Subsection (1) shall, after the saidcommencement, continue in force for the purpose of the continued functioning within the contemplation of Subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.
(4) Subject to this Constitution and Subsection (5), the terms and conditions of employment applicable to a person employed by an institution referred to in Subsection (1) immediately before the commencement of this Constitution, shall continue to apply to him or her until amended by or under any law, including any law enacted in order to establish uniformity of the terms and conditions of employment in accordance with those generally prevailing at such commencement.
... (6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred or may occur between 27 April 1993 and 30 September 1994 in respect of any person referred to in Subsection (2), or any class of such persons, may, at the instance of a Minister or a member of the Executive Council of a province, within one year of the commencement of this Constitution be reviewed by a commission appointed by the President and presided over by a judge, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award.

Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
(1)(a) All institutions referred to in Section 236 (1), excluding military forces referred to in Section 224 (2), shall as soon as is possible after the commencement of this Constitution be rationalized with a view to establishing within the public servicecontemplated in Section 212 (1):
(i) an effective administration at the national level of government to deal with matters within the jurisdiction of the national government referred to in Section 235 (5)(a); and
(ii) an effective administration for each province to deal with matters within the jurisdiction of each provincial government referred to in Section 235 (5)(b).
(b) All military forces referred to in Section 224 (2) shall be rationalized for the purposes of the National Defence Force.
(2)(a) The responsibility for the rationalization of:
(i) institutions referred to in Section 236 (1), excluding military forces, shall primarily but not exclusively rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments and the Commission on Provincial Government, and with due regard to the advice of the Public Service Commission: Provided that in the case of policing services, the national government shall exercise such responsibility in co-operation with the committee referred to in Section 220 (1) and the Board of Commissioners referred to in Section 220 (2); and
(ii) military forces shall rest with the national government.
(b) Subject to Section 235 (6), (7), (8) and (9), the responsibility for the internal rationalization of an administration referred to in Subsection (1)(a)(ii) shall primarily rest with the relevant provincial government, with due regard to the advice of the Public Service Commission and any relevant provincial service commission: Provided that the rationalization of all police forces shall be dealt with in accordance with Paragraph (a)(i).
(3)(a) The President may, subject to Subsection (2)(a), by proclamation in the Gazette take such steps as he or she considers necessary in order to achieve the aim mentioned in Subsection (1).
(b) Without derogating from the generality of Paragraph (a), the steps referred to in that paragraph may include:
(i) the amendment, repeal or replacement of any law regulating the establishment, functions and other matters relating to an institution referred to in Section 236 (1), or of any law referred to in Section 236 (2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in Section 236 (2) is repealed, provision shall be made for the application of any law of general application regulating the employment of persons or any class of persons in the employment of the state, to the persons or class of persons affected by such repeal; and
(ii) measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in Subsection (2) and rationalize the South African Police Service and the National Defence Force.
(c) A copy of a proclamation under Paragraph (a), shall be submitted to Parliament within 14 days after the publication thereof.
(d) If Parliament disapproves of any such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

Page 66, Chapter 15 General and Transitional Provisions
Section 238 Transitional arrangements: Public service commissions
(1) A public service commission established for a public service referred to in Section 236 (1) shall, subject to Subsections (3) and (4), after the commencement of this Constitution continue to function as such in accordance with the laws applicable to it.
(2)(a) A person who immediately before the commencement of this Constitution was the chairperson or member of a public service commission referred to in Subsection (1) shall, subject to Subsections (3) and (4) and Section 237, after such commencement, continue in office in accordance with the laws regulating his or her appointment.
(b) Section 236 (3), (4) and (5) shall apply mutatis mutandis in respect of a person referred to in Paragraph (a) of this subsection.
(3) The Commission for Administration established by the Commission for Administration Act, 1984 (Act 65 of 1984), shall cease to exist upon the appointment of the members of the Public Service Commission referred to in Section 209: Provided that a person who immediately before such appointment held office as the chairperson or a member of the Commission for Administration shall be entitled to be appointed as a member of the Public Service Commission.
(4) A public service commission, other than the Commission for Administration referred to in Subsection (3), which continues to perform its functions in any part of the national territory, shall mutatis mutandis be subject to rationalization under Section 237 and shall cease to exist to the extent that it is superseded by the establishment of a provincial service commission contemplated in Section 213 or otherwise rationalized or abolished under Section 237.
(5) If:
(a) the chairperson or a member referred to in the proviso to Subsection (3) elects not to be appointed to the Public Service Commission; or
(b) the chairperson or a member of a public service commission referred to in Subsection (4), is not upon the abolition of such public service commission appointed to any provincial service commission, the period of office for which such a chairperson or member has been appointed shall for the purpose of any applicable law regulating retirement benefits, be deemed to have been completed.
(6) Any reference in any law to the Commission for Administration referred to in Subsection (3), shall be deemed to be a reference to the Public Service Commission.

Page 66, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
[Summary] Section outlines procedures for the transfer of assets and liabilities of state apparatus.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
Federal or similar sub-divided government
Page 32-45, Chapter 9 PROVINCIAL GOVERNMENT
[Summary] This chapter establishes the structure, powers and authority of democratically elected governance at a provincial level (as opposed to Chapter 10, Local Government), this includes authorities over local elections (the Electoral Commission), oversight of such bodies and the delineation of territory. Sections: Establishment of Provinces; Provincial legislature; Legislative competence of provinces; Composition of provincial legislatures; Elections; Sittings of provincial legislature; Speaker and Deputy Speaker of provincial legislature; Qualification for membership of provincial legislature; Vacation of seats and filling o vacancies; Oath or affirmation by members; Powers, privileges, and immunities of provincial legislatures and benefits of members; Penalty for sitting or voting when disqualified; Rules and orders; Quorom; Requisite majorities; Assent to bills; Signature and enrolment of provincial laws; Public access to provincial legislatures; Executive authority of provinces; Election of premiers; Tenure and removal from office of Premiers; Responsibilities, powers and functions of Premiers; Acting Premiers; Executive Councils; Executive Council procedure; Temporary assignment of powers procedure; Temporary assignment of powers members; Transfer of powers; Accountability of members of Executive Councils; Votes of no confidence; Provinces' share of revenue collected nationally; Levying of taxes by provinces; Raising of loans by provinces; Revenue allocations by national government; Provincial Revenue Funds; Adoption of provincial constitutions; Development of provincial constitutional dispensation; Election of new provincial governments; Establishment of Commission on Provincial Government; Object and functions of Commission; Constitution of Commission; Chairperson and Deputy Chairperson; Vacation of office and filling of vacancies; Meetings of Commission; Committees; Co-option of persons to Committees; Remuneration of members of commission and other persons; Appointment of Staff; Regulations

Page 32-34, Chapter 9 Provincial Government
Section 124 Establishment of provinces 
[Summary] Section outlines the process of a referendum on the individual provinces, including the responsibilities of the Electoral Commission and the announcement of changes.

Page 42, Chapter 9 Provincial Government
Section 160 Adoption of provincial constitutions 
(1) The provincial legislature shall be entitled to pass a constitution for its province by a resolution of a majority of at least two-thirds of all its members.
(2) A provincial legislature may make such arrangements as it deems appropriate in connection with its proceedings relating to the drafting and consideration of a provincial constitution. 
(3) Provided that a provincial constitution may:
(a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province; and,
(b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal. (4) The text of a provincial constitution passed by a provincial legislature, or any provision thereof, shall be of no force and effect unless the Constitutional Court has certified that none of its provisions is inconsistent with a provision referred to in Subsection (3)(a), and if the new constitutional text is then already passed, also with a provision of the new constitutional text.
(5) A decision of the Constitutional Court in terms of Subsection (4) certifying that the text of a provincial constitution is not inconsistent with the said provisions, shall be final and binding, and no court of law shall have jurisdiction to enquire into or pronounce upon the validity of such text or any provision thereof. 

Page 42, Chapter 9 Provincial Government
Section 161 Development of provincial constitutional dispensation 
(1) The development of a system of provincial government shall receive the priority attention of the Constitutional Assembly, and in this regard it shall take into consideration any recommendations of the Commission on Provincial Government and any comments thereon by the respective provincial governments.

Page 44, Chapter 9 Provincial Government
Section 164 Object and functions of Commission 
... (2) Advice to the Constitutional Assembly in terms of Subsection (1)(a), shall include recommendations in the form of draft constitutional provisions regarding:
... (e) fiscal arrangements between the institutions of national government and those of the provincial governments;
(f) the powers and functions of local governments; and
Local/municipal government
Page 45, Chapter 10 Local Government
Section 174 Establishment and status of local government
… (3) A local government shall be autonomous and, within the limits prescribed by or under law, shall be entitled to regulate its affairs.
(4) Parliament or a provincial legislature shall not encroach on the powers, functions and structure of a local government to such an extent as to compromise the fundamental status, purpose and character of local government.
(5) Proposed legislation which materially affects the status, powers or functions of local governments or the boundaries of their jurisdictional areas, shall not be introduced in Parliament or a provincial legislature unless it has been published for comment in the Gazette or the Provincial Gazette, as the case may be, and local governments and interested persons, including organized local government, have been given a reasonable opportunity to make written representations in regard thereto.

Page 46, Chapter 10 Local Government
Section 175 Powers and functions of local government
… (5) A local government shall have such executive powers as to allow it to function effectively.
Other
Page 43-44, Chapter 9 Provincial Government
Section 165 Constitution of Commission
… (3) At least one member of the Commission shall be appointed from each province with the concurrence of the Premier of the province.
Economic power sharing
Sharing of resources
Page 41, Chapter 9 Provincial Government
Section 155 Provinces' share of revenue collected nationally
(1) A province shall be entitled to an equitable share of revenue collected nationally to enable it to provide services and to exercise and perform its powers and functions.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Preamble,
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;

Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(1) Every person shall have the right to equality before the law and to equal protection of the law.
... (3)(a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.

Page 7, Chapter 3 FUNDAMENTAL RIGHTS
Section 33 Limitation
(1) The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation:
(a) shall be permissible only to the extent that it is:
(i) reasonable; and
(ii) justifiable in an open and democratic society based on freedom and equality; and
(b) shall not negate the essential content of the right in question,
and provided further that any limitation to
(aa) a right entrenched in Section 10, 11, 12, 14 (1), 21, 25 or 30 (1)(d) or (e) or (2); or
(bb) a right entrenched in Section 15, 16, 17, 18, 23 or 24, in so far as such right relates to free and fair political activity, shall, in addition to being reasonable as required in Paragraph (a)(i), also be necessary.
(2) Save as provided for in Subsection (1) or any other provision of this Constitution, no law, whether a rule of the common law, customary law or legislation, shall limit any right entrenched in this Chapter.
(3) The entrenchment of the rights in terms of this Chapter shall not be construed as denying the existence of any other rights or freedoms recognized or conferred by common law, customary law, or legislation to the extent that they are not inconsistent with this Chapter.
(4) This Chapter shall not preclude measures designed to prohibit unfair discrimination by bodies and persons other than those bound in terms of Section 7 (1).
(5)(a) The provisions of a law in force at the commencement of this Constitution promoting fair employment practices, orderly and equitable collective bargaining and the regulation of industrial action shall remain of full force and effect until repealed or amended by the legislature.
(b) If a proposed enactment amending or repealing a law referred to in Paragraph (a) deals with a matter in respect of which the National Manpower Commission, referred to inSection 2A of the Labor Relations Act, 1956 (Act 28 of 1956), or any other similar body which may replace the Commission, is competent in terms of a law then in force to consider and make recommendations, such proposed enactment shall not be introduced in Parliament unless the said Commission or such other body has been given an opportunity to consider the proposed enactment and to make recommendations with regard thereto.

Page 7, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension 
... (4) The rights entrenched in this Chapter may be suspended only in consequence of the declaration of a state of emergency, and only to the extent necessary to restore peace or order. 

Page 8, Chapter 3 Fundamental Rights,
Section 35 Interpretation 
... (2) No law which limits any of the rights entrenched in this Chapter, shall be constitutionally invalid solely by reason of the fact that the wording used prima facie exceeds the limits imposed in this Chapter, provided such a law is reasonably capable of a more restricted interpretation which does not exceed such limits, in which event such law shall be construed as having a meaning in accordance with the said more restricted interpretation. 

Page 23, Chapter 7 Judicial Authority and Administration of Justice,
Section 98 Constitutional Court and its jurisdiction 
... (2) The Constitutional Court shall have jurisdiction in the Republic as the court of final instance over all matters relating to the interpretation, protection and enforcement of the provisions of this Constitution, including:
(a) any alleged violation or threatened violation of any fundamental right entrenched in Chapter 3;
Equality
Page 1, Preamble,
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;

Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(1) Every person shall have the right to equality before the law and to equal protection of the law.
(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.
(3)(a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.
...(4) Prima facie proof of discrimination on any of the grounds specified in Subsection (2) shall be presumed to be sufficient proof of unfair discrimination as contemplated in that subsection, until the contrary is established.

Page 8, Chapter 3 Fundamental Rights,
Section 35 Interpretation 
(1) In interpreting the provisions of this Chapter a court of law shall promote the values which underlie an open and democratic society based on freedom and equality and shall, where applicable, have regard to public international law applicable to the protection of the rights entrenched in this Chapter, and may have regard to comparable foreign case law. 

Page 54, Chapter 13 Public Service
Section 212
... (2) Such public service shall:
... (c) serve all members of the public in an unbiased and impartial manner;
Democracy
Page 1, Preamble,
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;

Page 8, Chapter 3 Fundamental Rights,
Section 35 Interpretation 
(1) In interpreting the provisions of this Chapter a court of law shall promote the values which underlie an open and democratic society based on freedom and equality and shall, where applicable, have regard to public international law applicable to the protection of the rights entrenched in this Chapter, and may have regard to comparable foreign case law. 
Protection measures
Protection of civilians
Page 28, Chapter 8 Public Protector, Human Rights Commissions
Section 110 Establishment and appointment
(1) There shall be a Public Protector for the Republic
(2) The President shall, whenever it becomes necessary, appoint as the Public Protector a person:

(3) The first appointment of a person as the Public Protector after the commencement of this Constitution shall
be made within 60 days of the first sitting of the Senate under this Constitution.
(4) The Public Protector shall be a South African citizen who isa fit and proper person to hold such office, and
who:
(a) is a Judge of the Supreme Court of South Africa; or
(b) is qualified to be admitted as an advocate and has, for a cumulative period of at least 10 years after having so
qualified:
(i) practiced as an advocate or an attorney; or
(ii) lectured in law at a university; or
(c) has specialized knowledge of or experience for a period of at least 10 years in the administration of justice,
public administration or public finance.
(5) Unless the new constitutional text provides otherwise, the Public Protector shall hold office for a period of
seven years.
(6) The remuneration and other terms and conditions of employment of the Public Protector shall be as
prescribed by or under an Act of Parliament, and such remuneration shall not be reduced, nor shall such terms
and conditions be adversely altered, during his or her term of office.
(7) The Public Protector shall not perform remunerative work outside his or her official duties.
(8) The Public Protector may be removed from office by the President, but only on the grounds of misbehavior,
incapacity or incompetence, determined by a joint committee of the Houses of Parliament, composed as
provided in Subsection (2)(a), and upon receipt of an address from both the National Assembly and the Senate
requesting such removal.
(9) A Public Protector who is the subject of an investigation by a joint committee in terms of Subsection (8),
may be suspended by the President pending a decision in such investigation.

Summary: see also pages 28-29Section 111 Independence and impartiality; Section 112 Powers and functions; Section 113 Staff and expenditure; Section 114 Provincial public protectors
Protection of rights and legal frameworks
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 8 Equality
(1) Every person shall have the right to equality before the law and to equal protection of the law.
... (3)(a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.

Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 10 Human dignity
Every person shall have the right to respect for and protection of his or her dignity.

Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 23 Access to information
Every person shall have the right of access to all information held by the state or any of its organs at any level of government in so far as such information is required for the exercise or protection of any of his or her rights.

age 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 26 Economic activity
(1) Every person shall have the right freely to engage in economic activity and to pursue a livelihood anywhere in the national territory.
(2) Subsection (1) shall not preclude measures designed to promote the protection or the improvement of the quality of life, economic growth, human development, social justice, basic conditions of employment, fair labor practices or equal opportunity for all, provided such measures are justifiable in an open and democratic society based on freedom and equality.

Page 8, Chapter 3 FUNDAMENTAL RIGHTS
Section 35 Interpretation
(1) In interpreting the provisions of this Chapter a court of law shall promote the values which underlie an open and democratic society based on freedom and equality and shall, where applicable, have regard to public international law applicable to the protection of the rights entrenched in this Chapter, and may have regard to comparable foreign case law.


Page 23, Chapter 7 Judicial Authority and Administration of Justice,
Section 98 Constitutional Court and its jurisdiction 
... (2) The Constitutional Court shall have jurisdiction in the Republic as the court of final instance over all matters relating to the interpretation, protection and enforcement of the provisions of this Constitution, including:
(a) any alleged violation or threatened violation of any fundamental right entrenched in Chapter 3;

Page 30, Chapter 8 Public Protector, Human Rights Commissions
Section 116 Powers and functions
(1) The Commission shall, in addition to any powers and functions assigned to it by law, be competent and be obliged to:
(a) promote the observance of, respect for and the protection of fundamental rights;
(b) develop an awareness of fundamental rights among all people of the Republic;
Other
Page 34-35, Chapter 9 Provincial Government
Section 126 Legislative competence of provinces
(2)... (d) it is necessary for the determination of national economic policies, the maintenance of economic unity, the protection of the environment, the promotion of inter-provincial commerce, the protection of the common market in respect of the mobility of goods, services, capital or labor, or the maintenance of national security; or

Page 50, Chapter 12 Finance
Section 192 Independence and impartiality
(4) All organs of state shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Auditor-General in the exercise and performance of his or her powers and functions.

Page 51, Chapter 12 Finance
Section 196 Primary objectives
(1) The primary objectives of the South African Reserve Bank shall be to protect the internal and external value of the currency in the interest of balanced and sustainable economic growth in the Republic.

Page 57, Chapter 14 POLICE AND DEFENCE
Section 219 Provincial Commissioners
(e) protection services in regard to provincial institutions and personnel;

Page 58, Chapter 14 POLICE AND DEFENCE
Section 224 Establishment of National Defence Force
(b) a force established by or under an Act of Parliament for the protection of public property or the environment; or
(c) a service established by or under law for the protection of persons or property.
Human rights framework
Bill of rights
[Summary: Chapter 3, pages 3-8, provides a comprehensive list of 'Fundamental Rights' to be protected under the new constitution. Sections: equality; life; human dignity; freedom and security of the person; servitude and forced labour; privacy; religion, belief and opinion; freedom of expression; Assembly, demonstration, petition; association; movement; residence; citizens rights; political rights; access to court; access to information; administrative justice; detained, arrested and accused persons; economic activity; labour relations; property; environment; children; right to use own language and participate in own culture; education]
Treaty incorporation
Page 29, Chapter 8 Public Protector, Human Rights Commissions 
Section 116 Powers and functions 
... (2) If the Commission is of the opinion that any proposed legislation might be contrary to Chapter 3 or to norms of international human rights law which form part of South African law or to other relevant norms of international law, it shall immediately report that fact to the relevant legislature.

Page 58, Chapter 14 Police and Defence
Section 226 Members of National Defence Force
... (7) A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.

Page 58, Chapter 14 Police and Defence
Section 227 Functions of National Defence Force
... (2) The National Defence Force shall:
... (d) not breach international customary law binding on the Republic relating to aggression;
(e) in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and

Page 60, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS
Section 231 Continuation of international agreements and status of international law
(1) All rights and obligations under international agreements which immediately before the commencement of this Constitution were vested in or binding on the Republic within the meaning of the previous Constitution, shall be vested in or binding on the Republic under this Constitution, unless provided otherwise by an Act of Parliament.
(2) Parliament shall, subject to this Constitution, be competent to agree to the ratification of or accession to an international agreement negotiated and signed in terms of Section 82 (1)(i).
(3) Where Parliament agrees to the ratification of or accession to an international agreement under Subsection (2), such international agreement shall be binding on the Republic and shall form part of the law of the Republic, provided Parliament expressly so provides and such agreement is not inconsistent with this Constitution.
(4) The rules of customary international law binding on the Republic, shall, unless inconsistent with this Constitution or an Act of Parliament, form part of the law of the Republic.
Civil and political rights
Life
Page 3, Chapter 3 Fundamental Rights,
Section 9 Life,
Every person shall have the right to life.
Torture
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
(2) No person shall be subject to torture of any kind, whether physical, mental or emotional, nor shall any person be subject to cruel, inhuman or degrading treatment or punishment.
Equality
Page 2, Chapter 2 Citizenship and Franchise
Section 5 Citizenship
(1) There shall be a South African citizenship.
(2) South African citizenship and the acquisition, loss and restoration of South African citizenship shall, subject to Section 20 read with Section 33 (1), be regulated by an Act of Parliament.
(3) Every person who is a South African citizen shall, subject to this Constitution, be entitled to enjoy all rights, privileges and benefits of South African citizenship, and shall be subject to all duties, obligations and responsibilities of South African citizenship as are accorded or imposed upon him or her in terms of this Constitution or an Act of Parliament.
Slavery
Page 4, Chapter 3 Fundamental Rights,
Section 12 Servitude and forced labor
No person shall be subject to servitude or forced labor.
Liberty and security of person
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
(1) Every person shall have the right to freedom and security of the person, which shall include the right not to be detained without trial.
Humane treatment in detention
Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 25 Detained, arrested and accused persons
(1) Every person who is detained, including every sentenced prisoner, shall have the right:
(a) to be informed promptly in a language which he or she understands of the reason for his or her detention;
(b) to be detained under conditions consonant with human dignity, which shall include at least the provision of adequate nutrition, reading material and medical treatment at state expense;
(c) to consult with a legal practitioner of his or her choice, to be informed of this right promptly and, where substantial injustice would otherwise result, to be provided with the services of a legal practitioner by the state;
(d) to be given the opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of-kin, religious counsellor and a medical practitioner of his or her choice; and
(e) to challenge the lawfulness of his or her detention in person before a court of law and to be released if such detention is unlawful.
(2) Every person arrested for the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right:
(a) promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;
(b) as soon as it is reasonably possible, but not later than 48 hours after the arrest or, if the said period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an ordinary court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be entitled to be released;
(c) not to be compelled to make a confession or admission which could be used in evidence against him or her; and
(d) to be released from detention with or without bail, unless the interests of justice require otherwise.
Freedom of movement
Page 4, Chapter 3 FUNDAMENTAL RIGHTS
Section 18 Freedom of movement
Every person shall have the right to freedom of movement anywhere within the national territory.

Page 5, Section 20 Citizens' rights
Every citizen shall have the right to enter, remain in and leave the Republic, and no citizen shall without justification be deprived of his or her citizenship.
Freedom of association
Page 4, Section 16 Assembly, demonstration and petition
Every person shall have the right to assemble and demonstrate with others peacefully and unarmed, and to present petitions.

Page 4, Chapter 3 Fundamental Rights,
Section 17 Freedom of association
Every person shall have the right to freedom of association.

Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 27 Labor relations
(1) Every person shall have the right to fair labor practices.
(2) Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers' organizations.
(3) Workers and employers shall have the right to organize and bargain collectively.
(4) Workers shall have the right to strike for the purpose of collective bargaining.
(5) Employers' recourse to the lock-out for the purpose of collective bargaining shall not be impaired, subject to Section 33 (1).
Fair trial
Page 3, Chapter 3 Fundamental Rights,
Section 11 Freedom and security of the person,
(1) Every person shall have the right to freedom and security of the person, which shall include the right not to be detained without trial.

Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 22 Access to court
Every person shall have the right to have justiciable disputes settled by a court of law or, where appropriate, another independent and impartial forum.

Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 25 Detained, arrested and accused persons
(3) Every accused person shall have the right to a fair trial, which shall include the right:
(a) to a public trial before an ordinary court of law within a reasonable time after having been charged;
(b) to be informed with sufficient particularity of the charge;
(c) to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;
(d) to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
(e) to be represented by a legal practitioner of his or her choice or, where substantial injustice would otherwise result, to be provided with legal representation at state expense, and to be informed of these rights;
(f) not to be convicted of an offence in respect of any act or omission which was not an offence at the time it was committed, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
(g) not to be tried again for any offence of which he or she has previously been convicted or acquitted;
(h) to have recourse by way of appeal or review to a higher court than the court of first instance;
(i) to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her; and
(j) to be sentenced within a reasonable time after conviction.
Privacy and family life
Page 4, Chapter 3 Fundamental Rights,
Section 13 Privacy,
Every person shall have the right to his or her personal privacy, which shall include the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or the violation of private communications.
Vote and take part
Page 2, Chapter 2 CITIZENSHIP AND FRANCHISE
Section 6 The franchise
Every person who is
(a)(i) a South African citizen; or
(ii) not such a citizen but who in terms of an Act of Parliament has been accorded the right to exercise the franchise;
(b) of or over the age of 18 years; and
(c) not subject to any disqualifications as may be prescribed by law,
shall be entitled to vote in elections of the National Assembly, a provincial legislature or a local government and in referenda or plebiscites contemplated in this Constitution, in accordance with and subject to the laws regulating such elections, referenda and plebiscites.

Page 4-5, Chapter 3 Fundamental Rights,
Section 21 Political rights
(1) Every citizen shall have the right:
(a) to form, to participate in the activities of and to recruit members for a political party; (b) to campaign for a political party or cause; and
(c) freely to make political choices.
(2) Every citizen shall have the right to vote, to do so in secret and to stand for election to public office.
Thought, opinion, conscience and religion
Page 4, Chapter 3 FUNDAMENTAL RIGHTS
Section 14 Religion, belief, and opinion
(1) Every person shall have the right to freedom of conscience, religion, thought, belief, and opinion, which shall include academic freedom in institutions of higher learning.
(2) Without derogating from the generality of Subsection (1), religious observances may be conducted at state or state-aided institutions under rules established by an appropriate authority for that purpose, provided that such religious observances are conducted on an equitable basis and attendance at them is free and voluntary.
(3) Nothing in this Chapter shall preclude legislation recognizing:
(a) a system of personal and family law adhered to by persons professing a particular religion; and
(b) the validity of marriages concluded under a system of religious law subject to specified procedures.

Page 4, Chapter 3 Fundamental Rights,
Section 15 Freedom of expression,
(1) Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media, and the freedom of artistic creativity and scientific research.
Other
Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 23 Access to information
Every person shall have the right of access to all information held by the state or any of its organs at any level of government in so far as such information is required for the exercise or protection of any of his or her rights.

Page 5, Section 24 Administrative justice
Every person shall have the right to
(a) lawful administrative action where any of his or her rights or interests is affected or threatened;
(b) procedurally fair administrative action where any of his or her rights or legitimate expectations is affected or threatened;
(c) be furnished with reasons in writing for administrative action which affects any of his or her rights or interests unless the reasons for such action have been made public; and
(d) administrative action which is justifiable in relation to the reasons given for it where any of his or her rights is affected or threatened.
Socio-economic rights
Property
Page 6, Chapter 3 FUNDAMENTAL RIGHTS
Section 28 Property
(1) Every person shall have the right to acquire and hold rights in property and, to the extent that the nature of the rights permits, to dispose of such rights.
(2) No deprivation of any rights in property shall be permitted otherwise than in accordance with a law.
(3) Where any rights in property are expropriated pursuant to a law referred to in Subsection (2), such expropriation shall be permissible for public purposes only and shall be subject to the payment of agreed compensation or, failing agreement, to the payment of such compensation and within such period as may be determined by a court of law as just and equitable, taking into account all relevant factors, including, in the case of the determination of compensation, the use to which the property is being put, the history of its acquisition, its market value, the value of the investments in it by those affected and the interests of those affected.
Work
Page 5, Chapter 3 FUNDAMENTAL RIGHTS
Section 26 Economic activity
(1) Every person shall have the right freely to engage in economic activity and to pursue a livelihood anywhere in the national territory.
(2) Subsection (1) shall not preclude measures designed to promote the protection or the improvement of the quality of life, economic growth, human development, social justice, basic conditions of employment, fair labor practices or equal opportunity for all, provided such measures are justifiable in an open and democratic society based on freedom and equality.
Section 27 Labor relations
(1) Every person shall have the right to fair labor practices.
(2) Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers' organizations.
(3) Workers and employers shall have the right to organize and bargain collectively.
(4) Workers shall have the right to strike for the purpose of collective bargaining.
(5) Employers' recourse to the lock-out for the purpose of collective bargaining shall not be impaired, subject to Section 33 (1).
Education
Page 7, Chapter 3 FUNDAMENTAL RIGHTS
Section 32 Education
Every person shall have the right:
(a) to basic education and to equal access to educational institutions;
(b) to instruction in the language of his or her choice where this is reasonably practicable; and
(c) to establish, where practicable, educational institutions based on a common culture, language or religion, provided that there shall be no discrimination on the ground of race.
Adequate standard of living
Page 6, Chapter 3 FUNDAMENTAL RIGHTS
Section 29 Environment
Every person shall have the right to an environment which is not detrimental to his or her health or well-being.
Shelter/housing
Page 4, Chapter 3 Fundamental Rights,
Section 19 Residence
Every person shall have the right freely to choose his or her place of residence anywhere in the national territory.
Cultural life
Page 1, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
... (2) Rights relating to language and the status of languages existing at the commencement of this Constitution shall not be diminished, and provision shall be made by an Act of Parliament for rights relating to language and the status of languages existing only at regional level, to be extended nationally in accordance with the principles set out in subsection (9).

Page 1, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
... (3) Wherever practicable, a person shall have the right to use and to be addressed in his or her dealings with any public administration at the national level of government in any official South African language of his or her choice.
Other
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 10 Human dignity
Every person shall have the right to respect for and protection of his or her dignity.
NHRI
New or fundamentally revised NHRI
Page 30, Chapter 8 PUBLIC PROTECTOR, HUMAN RIGHTS COMMISSION
Section 115 Establishment and appointments
(1) There shall be a Human Rights Commission, which shall consist of a chairperson and 10 members who are fit and proper persons, South African citizens and broadly representative of the South African community.
(2) The members of the Commission shall be appointed as provided in Subsection (3) and vacancies in the Commission shall be filled accordingly.
(3) The President shall, whenever it becomes necessary, appoint as a member of the Commission a person:
(a) nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to participate in the committee; and
(b) approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting: Provided that if any nomination is not approved as required in Paragraph (b), the joint committee shall nominate another person.
(4) The first members of the Commission after the commencement of this Constitution, shall be appointed within 60 days of the first sitting of the Senate under this Constitution.
(5) A Chairperson and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.

Page 30, Chapter 8 Public Protector, Human Rights Commissions 
Section 116 Powers and functions 
(1) The Commission shall, in addition to any powers and functions assigned to it by law, be competent and be obliged to:
(a) promote the observance of, respect for and the protection of fundamental rights;
(b) develop an awareness of fundamental rights among all people of the Republic; 
(c) make recommendations to organs of state at all levels of government where it considers such action advisable for the adoption of progressive measures for the promotion of fundamental rights within the framework of the law and this Constitution, as well as appropriate measures for the further observance of such rights; 
(d) undertake such studies for report on or relating to fundamental rights as it considers advisable in the performance of its functions; and
(e) request any organ of state to supply it with information on any legislative or executive measures adopted by it relating to fundamental rights.
(2) If the Commission is of the opinion that any proposed legislation might be contrary to Chapter 3 or to norms of international human rights law which form part of South African law or to other relevant norms of international law, it shall immediately report that fact to the relevant legislature.
(3) The Commission shall be competent to investigate on its own initiative or on receipt of a complaint, any alleged violation of fundamental rights, and if, after due investigation, the Commission is of the opinion that there is substance in any complaint made to it, it shall, in so far as it is able to do so, assist the complainant and other persons adversely affected thereby, to secure redress, and where it is necessary for that purpose to do so, it may arrange for or provide financial assistance to enable proceedings to be taken to a competent court for the necessary relief or may direct a complainant to anappropriate forum. 

Page 30, Chapter 8 Public Protector, Human Rights Commissions 
Section 117 Staff and expenditure
(1) The Commission shall appoint a director, who shall be the chief executive officer of the Commission and who shall be empowered to appoint staff subject to the approval of the Commission and on such terms and conditions of service as may be determined by or under an Act of Parliament.
(2) Expenditure incidental to the exercise and performance of the powers and functions of the Commission in terms of this Constitution or any other law shall be defrayed from money appropriated by Parliament.

Page 30, Chapter 8 Public Protector, Human Rights Commissions 
Section 118 Reports
The Commission shall report to the President at least once every year on its activities, and the President shall cause such report to be tabled promptly in the National Assembly and the Senate. 

Page 30, Chapter 8 Public Protector, Human Rights Commissions
Section 123 Court orders
(1) Where a claim contemplated in Section 121 (2) is lodged with a court of law and the land in question is:
(a) in the possession of the state and the state certifies that the restoration of the right in question is feasible, the court may, subject to Subsection (4), order the state to restore the relevant right to the claimant; or
(b) in the possession of a private owner and the state certifies that the acquisition of such land by the state is feasible, the court may, subject to Subsection (4), order the state to purchase or expropriate such land and restore the relevant right to the claimant.
(2) The court shall not issue an order under Subsection (1)(b) unless it is just and equitable to do so, taking into account all relevant factors, including the history of the dispossession, the hardship caused, the use to which the property is being put, the history of its acquisition by the owner, the interests of the owner and others affected by any expropriation, and the interests of the dispossessed: Provided that any expropriation under Subsection (1)(b) shall be subject to the payment of compensation calculated in the manner provided for in Section 28 (3).
(3) If the state certifies that any restoration in terms of Subsection (1)(a) or any acquisition in terms of Subsection (1)(b) is not feasible, or if the claimant instead of the restoration of the right prefers alternative relief, the court may, subject to Subsection (4), order the state, in lieu of the restoration of the said right:
(a) to grant the claimant an appropriate right in available alternative state-owned land designated by the state to the satisfaction of the court, provided that the state certifies that it is feasible to designate alternative state-owned land;
(b) to pay the claimant compensation; or
(c) to grant the claimant any alternative relief.
(4)(a) The compensation referred to in Subsection (3) shall be determined by the court as being just and equitable, taking into account the circumstances which prevailed at the time of the dispossession and all such other factors as may be prescribed by the Act referred to in Section 121 (1), including any compensation that was paid upon such dispossession.
(b) If the court grants the claimant the relief contemplated in Subsection (1) or (3), it shall take into account, and, where appropriate, make an order with regard to, any compensation that was paid to the claimant upon the dispossession of the right in question.

Page 68-69, [Summary] Agreement adds the institution of the Ombudsman during the transitional period.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
Page 8, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension
... (6) Where a person is detained under a state of emergency the detention shall be subject to the following conditions:
(a) An adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible;

(b) the names of all detainees and a reference to the measures in terms of which they are being detained shall be published in the Gazette within five days of their detention;

(c) when rights entrenched in Section 11 or 25 have been suspended

(i) the detention of a detainee shall, as soon as it is reasonably possible but not later than 10 days after his or her detention, be reviewed by a court of law, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order;

(ii) a detainee shall at any stage after the expiry of a period of 10 days after a review in terms of Subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;

(d) the detainee shall be entitled to appear before the court in person, to be represented by legal counsel, and to make representations against his or her continued detention;

(e) the detainee shall be entitled at all reasonable times to have access to a legal representative of his or her choice;

(f) the detainee shall be entitled at all times to have access to a medical practitioner of his or her choice; and

(g) the state shall for the purpose of a review referred to in Paragraph (c)(i) or (ii) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review.

(7) If a court of law, having found the grounds for a detainee's detention unjustified, orders his or her release, such a person shall not be detained again on the same grounds unless the state shows good cause to a court of law prior to such re-detention.
Media and communication
Media roles
Page 4, Chapter 3 FUNDAMENTAL RIGHTS
Section 15 Freedom of expression
(1) Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media, and the freedom of artistic creativity and scientific research.
(2) All media financed by or under the control of the state shall be regulated in a manner which ensures impartiality and the expression of a diversity of opinion.

Page 71, Chapter 15 General and Transitional Provisions
Section 250 Non-certification of election by Independent Electoral Commission
(2) ... (c) no amendment by a Parliament established on the basis of a declaration in terms of Subsection (1)(a), of this Constitution, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, or the Independent Broadcasting Authority Act, 1993, shall be permissible until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993; and

Page 71, Chapter 15 General and Transitional Provisions
Section 250 Non-certification of election by Independent Electoral Commission
... (3) If the Independent Electoral Commission declares as contemplated in Subsection (1)(b):
... (b) the constitutional arrangements under the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983), the Transitional Executive Council Act, 1993, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, and the Independent Broadcasting Authority Act, 1993, shall apply, until the election referred to in Paragraph (a) has been held.
Other
Page 8, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension
... (6) Where a person is detained under a state of emergency the detention shall be subject to the following conditions:
... (b) the names of all detainees and a reference to the measures in terms of which they are being detained shall be published in the Gazette within five days of their detention;

Page 38, Chapter 9 Provincial Government
Section 142 Public access to provincial legislatures
Sittings of a provincial legislature shall be held in public, and the public, including the media, shall have access
to such sittings: Provided that reasonable measures may be taken to regulate such access, and to provide for the search of and, where appropriate, the refusal of entry or the removal of any person.
Citizenship
Citizens, specific rights
Page 4, Chapter 3 Fundamental Rights,
Section 20 Citizens' rights,
Every citizen shall have the right to enter, remain in and leave the Republic, and no citizen shall without justification be deprived of his or her citizenship.
Citizen delimitation
Page 2, Chapter 2 Citizenship and Franchise,
Section 5 Citizenship,
(1) There shall be a South African citizenship.
(2) South African citizenship and the acquisition, loss and restoration of South African citizenship shall, subject to Section 20 read with Section 33 (1), be regulated by an Act of Parliament.
(3) Every person who is a South African citizen shall, subject to this Constitution, be entitled to enjoy all rights, privileges and benefits of South African citizenship, and shall be subject to all duties, obligations and responsibilities of South African citizenship as are accorded or imposed upon him or her in terms of this Constitution or an Act of Parliament.
Citizenship other
Page 10, Chapter 4 Parliament
Section 42 Qualification for membership of National Assembly
(1) No person shall become or remain a member of the National Assembly unless he or she is a South African citizen and is and remains qualified in terms of Section 6 to vote in an election of the National Assembly, or if he or she:
(a) at the time of the first election of the National Assembly held under this Constitution is serving a sentence of imprisonment of more than 12 months without the option of a fine;

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
Page 7-8, Section 34, State of emergency and suspension 
(1) A state of emergency shall be proclaimed prospectively under an Act of Parliament, and shall be declared only where the security of the Republic is threatened by war, invasion, general insurrection or disorder or at a time of national disaster, and if the declaration of a state of emergency is necessary to restore peace or order.
(2) The declaration of a state of emergency and any action taken, including any regulation enacted, in consequence thereof, shall be of force for a period of not more than 21 days, unless it is extended for a period of not longer than three months, or consecutive periods of not longer than three months at a time, by resolution of the National Assembly adopted by a majority of at least two-thirds of all its members. 
(3) Any superior court shall be competent to enquire into the validity of a declaration of a state of emergency, any extension thereof, and any action taken, including any regulation enacted, under such declaration.
(4) The rights entrenched in this Chapter may be suspended only in consequence of the declaration of a state of emergency, and only to the extent necessary to restore peace or order. 
(5) Neither any law which provides for the declaration of a state of emergency, nor any action taken, including any regulation enacted, in consequence thereof, shall permit or authorize:
(a) the creation of retrospective crimes;
(b) the indemnification of the state or of persons acting under its authority for unlawful actions during the state of emergency; or 
(c) the suspension of this section, and Sections 7, 8 (2), 9, 10, 11 (2), 12, 14, 27 (1) and (2), 30 (1)
(d) and (e) and (2) and 33 (1) and (2).
(6) Where a person is detained under a state of emergency the detention shall be subject to the following 
conditions:
(a) An adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible;
(b) the names of all detainees and a reference to the measures in terms of which they are being detained shall be published in the Gazette within five days of their detention;
(c) when rights entrenched in Section 11 or 25 have been suspended (i) the detention of a detainee shall, as soon as it is reasonably possible but not later than 10 days after his or her detention, be reviewed by a court of law, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order; (ii) a detainee shall at any stage after the expiry of a period of 10 days after a review in terms of Subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;
(d) the detainee shall be entitled to appear before the court in person, to be represented by legal counsel, and to make representations against his or her continued detention;
(e) the detainee shall be entitled at all reasonable times to have access to a legal representative of his or her choice;
(f) the detainee shall be entitled at all times to have access to a medical practitioner of his or her choice; and
(g) the state shall for the purpose of a review referred to inParagraph (c)(i) or (ii) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review.
(7) If a court of law, having found the grounds for a detainee's detention unjustified, orders his or her release, such a person shall not be detained again on the same grounds unless the state shows good cause to a court of law prior to such re-detention. 
Judiciary and courts
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
Section 7 Application
... (3) Juristic persons shall be entitled to the rights contained in this Chapter where, and to the extent that, the nature of the rights permits.
(4)(a) When an infringement of or threat to any right entrenched in this Chapter is alleged, any person referred to in Paragraph (b) shall be entitled to apply to a competent court of law for appropriate relief, which may include a declaration of rights.
(b) The relief referred to in Paragraph (a) may be sought by:
(i) a person acting in his or her own interest;
(ii) an association acting in the interest of its members;
(iii) a person acting on behalf of another person who is not in a position to seek such relief in his or her own name;
(iv) a person acting as a member of or in the interest of a group or class of persons; or
(v) a person acting in the public interest.

Page 5, Chapter 3 Fundamental Rights,
Section 22 Access to court
Every person shall have the right to have justiciable disputes settled by a court of law or, where appropriate, another independent and impartial forum.

Page 8, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension 
[Summary] Section outlines responsibilities and procedures of the court in relation to detainees.

Page 8, Chapter 3 FUNDAMENTAL RIGHTS
Section 35 Interpretation
(1) In interpreting the provisions of this Chapter a court of law shall promote the values which underlie an open and democratic society based on freedom and equality and shall, where applicable, have regard to public international law applicable to the protection of the rights entrenched in this Chapter, and may have regard to comparable foreign case law.
(2) No law which limits any of the rights entrenched in this Chapter, shall be constitutionally invalid solely by reason of the fact that the wording used prima facie exceeds the limits imposed in this Chapter, provided such a law is reasonably capable of a more restricted interpretation which does not exceed such limits, in which event such law shall be construed as having a meaning in accordance with the said more restricted interpretation.
(3) In the interpretation of any law and the application and development of the common law and customary law, a court shall have due regard to the spirit, purport and objects of this Chapter.

Page 16, Chapter 5 Adoption of the New Constitution
Section 71 Constitutional Principles and certification 
... (2) The new constitutional text passed by the Constitutional Assembly, or any provision thereof, shall not be of any force and effect unless the Constitutional Court has certified that all the provisions of such text comply with the Constitutional Principles referred to in Subsection (1)(a).
(3) A decision of the Constitutional Court in terms of Subsection (2) certifying that the provisions of the new constitutional text comply with the Constitutional Principles, shall be final and binding, and no court of law shall have jurisdiction to enquire into or pronounce upon the validity of such text or any provision thereof.
(4) During the course of the proceedings of the Constitutional Assembly any proposed draft of the constitutional text before the Constitutional Assembly, or any part or provision of such text, shall be referred to the Constitutional Court by the Chairperson if petitioned to do so by at least one fifth of all the members of the Constitutional Assembly, in order to obtain an opinion from the Court as to whether such proposed text, or part or provision thereof, would, if passed by the Constitutional Assembly, comply with the Constitutional Principles. 

Page 18, Chapter 6 The National Executive
Section 82 Powers and functions of President 
(1) The President shall be competent to exercise and perform the following powers and functions, namely:
... (d) to refer disputes of a constitutional nature between parties represented in Parliament or between organs of state at any level of government to the Constitutional Court or other appropriate institution, commission or body for resolution;

Page 23-27, Chapter 7 JUDICIAL AUTHORITY AND ADMINISTRATION OF JUSTICE [Summary: this chapter outlines the structure and procedures of the new judicial system, covering sections: Judicial authority; Appointment of Chief Justice and President of Constitutional Court; Constitutional Court and its jurisdiction; Composition of Constitutional Court and appointment of judges of Constitutional Court; Engaging the Constitutional Court; Supreme Court; Procedural Matters; Other courts; Appointment, removal from office, and remuneration of Judges; Judicial Service Commission; Seats of Constitutional Court and Appellate Division; Languages; Attorneys-General; Magistrates Commission]

Page 28-30, Chapter 8 PUBLIC PROTECTOR, HUMAN RIGHTS COMMISSION
Section 110 Establishment and appointment, Section 111 Independence and impartiality, Section 112 Powers and functions, Section 113 Staff and expenditure 
[Summary] Outlines the selection and responsibilities of the Public Protector.

Page 31-32, Chapter 8 Public Protector, Human Rights Commissions 
Section 123 Court orders 
[Summary] Section deals with land restitution court cases. See past provisions.

Page 42, Chapter 9 Provincial Government
Section 160 Adoption of provincial constitutions 
... (4) The text of a provincial constitution passed by a provincial legislature, or any provision thereof, shall be of no force and effect unless the Constitutional Court has certified that none of its provisions is inconsistent with a provision referred to in Subsection (3)(a), and if the new constitutional text is then already passed, also with a provision of the new constitutional text.
(5) A decision of the Constitutional Court in terms of Subsection (4) certifying that the text of a provincial constitution is not inconsistent with the said provisions, shall be final and binding, and no court of law shall have jurisdiction to enquire into or pronounce upon the validity of such text or any provision thereof. 

Page 66, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
(4) ... (b) The Act of Parliament contemplated in Paragraph (a) shall prescribe expeditious procedures for the adjudication of claims and disputes contemplated in this section, including the granting of interim and final relief.
(c) Notwithstanding the provisions of any law the procedures contemplated in Paragraph (b) shall be the only procedures to be followed in such court.
(d) A decision of the court on any such claim or dispute shall be final and binding.

Page 67, Chapter 15 GENERAL AND TRANSITIONAL PROVISIONS [This chapter contains, but is not limited to, provisions providing for transition from the previous forms of judiciary to the new ones. Sections include: Transitional arrangements: Judiciary; Rationalization of court structures; Transitional Arrangements: Ombudsman; Auditor-General]

Page 67, Chapter 15 General and Transitional Provisions
Section 241 Transitional arrangements: Judiciary
(1) Every court of law existing immediately before the commencement of this Constitution in an area which forms part of the national territory, shall be deemed to have been duly constituted in terms of this Constitution or the laws in force after such commencement, and shall continue to function as such in accordance with the laws applicable to it until changed by a competent authority.

Page 68, Chapter 15 General and Transitional Provisions
Section 241 Transitional arrangements: Judiciary
... (2) The Chief Justice of South Africa, the judges-president and deputy judges-president of the various divisions of the Supreme Court of South Africa, the judges of appeal of the Appellate Division of the said Supreme Court, and the other judges of the said Supreme Court, holding office immediately before the commencement of this Constitution, shall be deemed to have been duly appointed to the corresponding positions in terms of Chapter 7 and shall continue to hold office in accordance with the applicable laws.
(3) All other judicial officers holding office immediately before the commencement of this Constitution in terms of a law, shall continue to hold such office in accordance with such law.
(4) Every attorney-general holding office immediately before the commencement of this Constitution in terms of a law, shall continue to hold such office in accordance with such law.
(5) Subject to this Constitution, all measures which immediately before the commencement of this Constitution were in operation and applied to judicial officers and attorneys-general, including measures regarding the remuneration, pension and pension benefits, leave gratuity and any other term and condition of service, shall continue in operation and to apply to the said judicial officers and attorneys-general, until amended or repealed by a competent authority: Provided that no such measure shall, except in accordance with an applicable law, be changed in a manner which affects such judicial officers and attorneys-general to their detriment.
(6) The provisions of Section 236 (5) and (6) shall apply mutatis mutandis in respect of persons referred to in Subsections (3) and (4) of this section.
(7) Persons referred to in Subsections (2), (3) and (4) shall within 30 days of the election of the President in terms of Section 77 (1)(a) make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose, or, in the case of a person continuing in office or appointed as the Chief Justice or the President of the Constitutional Court, before the President.
(8) All proceedings which immediately before the commencement of this Constitution were pending before any court of law, including any tribunal or reviewing authority established by or under law, exercising jurisdiction in accordance with the law then in force, shall be dealt with as if this Constitution had not been passed: Provided that if an appeal in such proceedings is noted or review proceedings with regard thereto are instituted after such commencement such proceedings shall be brought before the court having jurisdiction under this Constitution.
(9) Any legal proceedings instituted before or after the commencement of this Constitution by or against a government, authority or functionary which ceased to exist at or after such commencement, may be continued by or against the relevant government, authority or functionary which superseded the said government, authority or functionary.
(10) The laws and other measures which immediately before the commencement of this Constitution regulated the jurisdiction of courts of law, court procedures, the power and authority of judicial officers and all other matters pertaining to the establishment and functioning of courts of law, shall continue in force subject to any amendment or repeal thereof by a competent authority.

Page 68, Chapter 15 General and Transitional Provisions
Section 242 Rationalization of court structures
(1) All jurisdictional areas and court structures appropriate thereto existing immediately before the commencement of this Constitution, shall as soon as possible after such commencement be rationalized in accordance with an Act of Parliament with a view to establishing the jurisdictional areas and court structures contemplated in Chapter 7.
(2) The rationalization of the jurisdictional areas and court structures referred to in Subsection (1) shall be the responsibility of the national government after consultation with the Judicial Service Commission.
(3) The rationalization contemplated in Subsection (1) includes:
(a) the amendment, repeal or replacement of any law regulating the establishment, functions, jurisdiction and other matters relating to a court referred to in Section 241 (1), or of any law referred to in Section 241 (2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in Section 241 (2) is repealed, provision shall be made for the application of any law of general application regulating the service of judicial officers or any class of judicial officers, to the judicial officers or class of judicial officers affected by such repeal; and
(b) measures relating to the transfer or secondment of judicial officers, or the allocation of property, including court and administrative records, in order to establish the said jurisdictional areas or court structures.
Prisons and detention
No specific mention.
Traditional Laws
Page 4, Chapter 3 Fundamental Rights,
Section 14 Religion, belief, and opinion
... (3) Nothing in this Chapter shall preclude legislation recognizing:
(a) a system of personal and family law adhered to by persons professing a particular religion; and

Page 4, Chapter 3 Fundamental Rights,
Section 14 Religion, belief, and opinion
... (3) Nothing in this Chapter shall preclude legislation recognizing:
... (b) the validity of marriages concluded under a system of religious law subject to specified procedures.

Page 8, Chapter 3 FUNDAMENTAL RIGHTS
Section 35 Interpretation
… (3) In the interpretation of any law and the application and development of the common law and customary law, a court shall have due regard to the spirit, purport and objects of this Chapter.

Page 47, Chapter 11 Traditional Authorities
Section 181 Recognition of traditional authorities and indigenous law
(1) A traditional authority which observes a system of indigenous law and is recognized by law immediately before the commencement of this Constitution, shall continue as such an authority and continue to exercise and perform the powers and functions vested in it in accordance with the applicable laws and customs, subject to any amendment or repeal of such laws and customs by a competent authority.
(2) Indigenous law shall be subject to regulation by law.

Page 47, Chapter 11 Traditional Authorities
Section 182 Traditional authorities and local government
The traditional leader of a community observing a system of indigenous law and residing on land within the area of jurisdiction of an elected local government referred to in Chapter 10, shall ex officio be entitled to be a member of that local government, and shall be eligible to be elected to any office of such local government.

Page 47, Chapter 11 Traditional Authorities
Section 183 Provincial House of Traditional Leaders
... (2)(a) A House referred to in Subsection (1)(a), shall be entitled to advise and make proposals to the provincial legislature or government in respect of matters relating to traditional authorities, indigenous law or the traditions and customs of traditional communities within the province.
(b) Any provincial Bill pertaining to traditional authorities, indigenous law or such traditions and customs, or any other matters having a bearing thereon, shall be referred by the Speaker of the provincial legislature to the House for its comments before the Bill is passed by such legislature.
(c) The House shall, within 30 days as from the date of such referral, indicate by written notification to the provincial legislature its support for or opposition to the Bill, together with any comments it wishes to make.
(d) If the House indicates in terms of Paragraph (c) that it is opposed to the Bill, the provincial legislature shall not pass the Bill before a period of 30 days as from the date of receipt by the Speaker of such written notification has lapsed.
(e) If the House fails to indicate within the period prescribed by Paragraph (c) whether it supports or opposes the Bill, the provincial legislature may proceed with the Bill.

Page 48, Chapter 11 Traditional Authorities
Section 184 Council of Traditional Leaders
[Summary] The council will advise government on traditional law, customs and traditions of traditional communities.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 46, Chapter 10 Local Government
Section 175 Powers and functions of local government
(3) A local government shall, to the extent determined in any applicable law, make provision for access by all persons residing within its area of jurisdiction to water, sanitation, transportation facilities, electricity, primary health services, education, housing and security within a safe and healthy environment, provided that such services and amenities can be rendered in a sustainable manner and are financially and physically practicable.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
Page 34-35, Chapter 9 Provincial Government
Section 126 Legislative competence of provinces 
(2)... (d) it is necessary for the determination of national economic policies, the maintenance of economic unity, the protection of the environment, the promotion of inter-provincial commerce, the protection of the common market in respect of the mobility of goods, services, capital or labor, or the maintenance of national security; or

Page 41, Chapter 9 Provincial Government
Section 156 Levying of taxes by provinces 
... (2) A provincial legislature shall not be entitled to levy taxes detrimentally affecting national economic policies, inter-provincial commerce or the national mobility of goods, services, capital and labor.

Page 56, Chapter 14 Police and Defence
Section 218 Responsibilities of National Commissioner
(1) Subject to Section 214 and the directions of the Minister referred to in Section 216 (1), the National Commissioner shall be responsible for:
... (j) such functions relating to border control and the import and export of goods as may be assigned to the Service by law;
Taxation
Power to tax
Page 41, Chapter 9 Provincial Government
Section 155 Provinces' share of revenue collected nationally 
(1) A province shall be entitled to an equitable share of revenue collected nationally to enable it to provide services and to exercise and perform its powers and functions.
(2) The equitable share of revenue referred to in Subsection (1) shall consist of:
(a) a percentage, as fixed by an Act of Parliament, of income tax on individuals which is collected within the province; 
(b) a percentage, as fixed by an Act of Parliament, of value-added tax or other sales tax which is collected within the province; and
(c) other conditional or unconditional allocations out of national revenue to a province.
(3) The percentages referred to in Subsection (2)(a) and (b) shall be fixed reasonably after taking into account the national interest and recommendations of the Financial and Fiscal Commission. 
(4) Allocations referred to in Subsection (2)(c) shall be determined in accordance with an Act of Parliament, with due regard to the national interest and after taking into account:
(a) the provision that has to be made for interest and other payments in respect of the national debt; and
(b) the different fiscal capacities, including the revenues derived from sources referred to in Subsection (2)(a) and (b), fiscalperformances, efficiency of utilization of revenue, needs and economic disparities within and between provinces, as well as the developmental needs, administrative responsibilities and other legitimate interests of the provinces, and any other objective criteria identified by the Financial and Fiscal Commission; and 
(c) the legitimate needs and interests of the national government; and (d) the recommendations of the Financial and Fiscal Commission. 

Page 41, Chapter 9 PROVINCIAL GOVERNMENT
Section 156 Levying of taxes by provinces
(1) A province may levy taxes, surcharges or levies other than of a kind referred to in Section 155 (2)(a) or (b), provided that:
(a) it is authorized to do so by an Act of Parliament passed after recommendations of the Financial and Fiscal Commission on the draft text of any such Act have been submitted to and considered by Parliament; and
(b) there is no discrimination against non-residents of that province who are South African citizens.
(2) A provincial legislature shall not be entitled to levy taxes detrimentally affecting national economic policies, inter-provincial commerce or the national mobility of goods, services, capital and labor.
(3) A provincial legislature shall be competent to enact legislation authorizing the imposition of user charges: Provided that:
(a) the criteria to be taken into account in raising such charges may be regulated by an Act of Parliament passed after recommendations of the Financial and Fiscal Commission relating to the draft text of any such Act have been submitted to and considered by Parliament; and
(b) they do not discriminate against non-residents of that province who are South African citizens.

Page 48, Chapter 12 Finance
Section 185 National Revenue Fund
(1) There is hereby established a National Revenue Fund, into which shall be paid all revenues, as may be defined by an Act of Parliament, raised or received by the national government, and from which appropriations shall be made by Parliament in accordance with this Constitution or any applicable Act of Parliament, and subject to the charges imposed thereby.
(2) No money shall be withdrawn from the National Revenue Fund, except under appropriation made by an Act of Parliament in accordance with this Constitution: Provided that revenue to which a province is entitled in terms of Section 155 (2)(a) and (b) shall form a direct charge against the National Revenue Fund to be credited to the respective Provincial Revenue Funds.

Page 49, Chapter 12 FINANCE
Section 190 Income tax of elected representatives
Without derogating from the Receiver of Revenue's powers and functions, the Receiver of Revenue shall annually assess the income tax returns of all elected representatives at all levels of government.

Page 51, Chapter 12 Finance
Section 198 Establishment
There is hereby established a Financial and Fiscal Commission.

Page 51 - 53, Chapter 12 Finance
Sections 199 - 208
[Summary] Outlines the membership, object and function, the qualities of members, the regulations around meetings, the establishment of sub-committees, the co-option of persons by committees, the remuneration and allowances of members and others, the appointment of staff, remuneration of committee members, and reporting of members.

Page 67, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
(2) ... (b) No duty, fee or other charge shall be payable in respect of a registration in terms of Paragraph (a).

Page 67, Chapter 15 General and Transitional Provisions
Section 240 Transitional arrangements: State Revenue Fund
(1) At the commencement of this Constitution the State Revenue Fund established in terms of Section 81 of the previous Constitution shall continue to exist until an Act of Parliamentcontemplated in Section 185 (1) is adopted prescribing the administration of the National Revenue Fund.
(2) While the State Revenue Fund continues to exist it shall for all purposes be deemed to be the National Revenue Fund.
(3) The Accounts of the State Revenue Fund referred to in Section 82 of the previous Constitution shall be phased out and closed as soon as circumstances permit.
(4) In the 1994/1995 financial year the head of the department of the Treasury, as defined in Section 1 of the Exchequer Act, 1975 (Act 66 of 1975), may, in consultation with the Minister responsible for national financial matters, from the Exchequer Account, on conditions aimed at ensuring financial control, grant advances to provincial governments as he or she deems necessary for the purposes of establishing and funding of structures of government at provincial level as contemplated in this Constitution until Parliament has appropriated money for such purposes.
(5) Any Revenue Fund established before the commencement of this Constitution by a law in force in an area which forms part of the national territory, excluding the State Revenue Fund referred to in Subsection (1), shall, subject to Subsection (6) and any laws governing the application and withdrawal of moneys from such Revenue Fund, continue to exist until the money therein is transferred under this Chapter to the National Revenue Fund or to any relevant Provincial Revenue Fund, as the case may be, or otherwise dealt with by a competent authority.
(6) Moneys in a Revenue Fund referred to in Subsection (5) may only be withdrawn in order to meet expenditure for services in the area in respect of which the Fund was established and in respect of which an appropriation has been made for the current or in the immediately preceding financial year or for which there is other statutory authority: Provided that no withdrawal shall be made from such Revenue Fund other than with the concurrence of a person designated by the President for that purpose.

Page 71, Chapter 15 General and Transitional Provisions
Section 250 Non-certification of election by Independent Electoral Commission
(2) ... (d) any provincial legislature established on the basis of a declaration in terms of Subsection (1)(a), shall have no legislative competence save for the enactment of laws necessary for the appropriation of revenue or moneys, or the imposition of taxation within the framework of Section 126, until the election contemplated in Paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993.
Reform of taxation
Page 14, Chapter 4 PARLIAMENT
Section 60 Money Bills
(6) The Senate may not amend any Bill in so far as it appropriates revenue or moneys or imposes taxation.
(7) If the National Assembly passes a Bill imposing taxation or dealing with the appropriation of revenue or moneys and the Senate rejects it or proposes amendments to it or fails to pass it within 30 days after it has been passed by the National Assembly, the Bill shall be referred back to the National Assembly for reconsideration.
(8) The National Assembly may pass a Bill referred to in Subsection (7), with or without amendment, and if passed by the National Assembly such Bill shall be deemed to have been passed by Parliament.
Banks
Central bank
Page 51, Chapter 12 Finance
Section 195 Central Bank
The South African Reserve Bank, established and regulated by an Act of Parliament, shall be the central bank of the Republic.

Page 51, Chapter 12 Finance
Section 196 Primary objectives
(1) The primary objectives of the South African Reserve Bank shall be to protect the internal and external value of the currency in the interest of balanced and sustainable economic growth in the Republic.
(2) The South African Reserve Bank shall, in the pursuit of its primary objectives referred to in Subsection (1), exercise its powers and perform its functions independently, subject only to an Act of Parliament referred to in Section 197: Provided that there shall be regular consultation between the South African Reserve Bank and the Minister responsible for national financial matters.

Page 51, Chapter 12 Finance
Section 197 Powers and functions
The powers and functions of the South African Reserve Bank shall be those customarily exercised and performed by central banks, which powers and functions shall be determined by an Act of Parliament and shall be exercised or performed subject to such conditions as may be prescribed by or under such Act.

Land, property and environment

Land reform/rights
Property return and restitution
Page 3, Chapter 3 FUNDAMENTAL RIGHTS
(b) Every person or community dispossessed of rights in land before the commencement of this Constitution under any law which would have been inconsistent with Subsection (2) had that subsection been in operation at the time of the dispossession, shall be entitled to claim restitution of such rights subject to and in accordance with Sections 121, 122 and 123.

Page 31, Chapter 8 PUBLIC PROTECTOR, HUMAN RIGHTS COMMISSION
Section 121 Claims
[relates to past provisions and land restitution. See Past provisions.]
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Intangible
Page 1-2, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
[Summary] Section outlines policy regarding languages on the national and regional level as well as promotes the use of official and non-official languages.

Page 2, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
(9) ...(e) the fostering of respect for languages spoken in the Republic other than the official languages, and the encouragement of their use in appropriate circumstances; and

Page 2, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
(9) ...(f) the non-diminution of rights relating to language and the status of languages existing at the commencement of this Constitution.

Page 2, Chapter 1 Constituent and Formal Provisions,
Section 3 Languages,
(10)(a) Provision shall be made by an Act of Parliament for the establishment by the Senate of an independent Pan South African Language Board to promote respect for the principles referred to in Subsection (9) and to further the development of the official South African languages.
(b) The Pan South African Language Board shall be consulted, and be given the opportunity to make recommendations, in relation to any proposed legislation contemplated in this section.
(c) The Pan South African Language Board shall be responsible for promoting respect for and the development of German, Greek, Gujerati, Hindi, Portuguese, Tamil, Telegu, Urdu and other languages used by communities in South Africa, as well as Arabic, Hebrew and Sanskrit and other languages used for religious purposes.

Page 6, Chapter 3 FUNDAMENTAL RIGHTS
Section 31 Language and culture
Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Page 44, Chapter 9 Provincial Government
Section 164 Object and functions of Commission
... (3) In carrying out its functions the Commission shall, inter alia, take into consideration:
... (k) cultural and language realities.
Environment
Page 7, Chapter 3 Fundamental Rights,
Section 34 State of emergency and suspension 
(1) A state of emergency shall be proclaimed prospectively under an Act of Parliament, and shall be declared only where the security of the Republic is threatened by war, invasion, general insurrection or disorder or at a time of national disaster, and if the declaration of a state of emergency is necessary to restore peace or order.

Page 34-35, Chapter 9 Provincial Government
Section 126 Legislative competence of provinces 
(2)... (d) it is necessary for the determination of national economic policies, the maintenance of economic unity, the protection of the environment, the promotion of inter-provincial commerce, the protection of the common market in respect of the mobility of goods, services, capital or labor, or the maintenance of national security; or
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
Page 55, Chapter 14 POLICE AND DEFENCE
Section 214 Establishment
(1) There shall be established and regulated by an Act of Parliament a South African Police Service, which shall be structured at both national and provincial levels and shall function under the direction of the national government as well as the various provincial governments.
(2) The Act of Parliament referred to in Subsection (1) shall:
(a) subject to Sections 216, 217 and 218, provide for the appointment of a Commissioner of the South African Police Service (hereinafter in this Chapter called the `National Commissioner') and a Commissioner for each province (hereinafter in this Chapter called a `Provincial Commissioner');
(b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding:
(i) the exercise of police powers;
(ii) the recruitment, appointment, promotion and transfer of members of the Service;
(iii) suspension, dismissal, disciplinary and grievance procedures;
(iv) the training, conduct and conditions of service of members of the Service;
(v) the general management, control, maintenance and provisioning of the Service;
(vi) returns, registers, records, documents, forms and correspondence; and
(vii) generally, all matters which are necessary or expedient for the achievement of the purposes of this Constitution.

Page 55, Chapter 14 POLICE AND DEFENCE
Section 215 Powers and functions
The powers and functions of the Service shall be:
(a) the prevention of crime;
(b) the investigation of any offence or alleged offence;
(c) the maintenance of law and order; and
(d) the preservation of the internal security of the Republic.

Page 56, Chapter 14 POLICE AND DEFENCE
Section 216 Minister and National Commissioner
(1) The President shall, subject to this Constitution, charge a Minister with responsibility for the Service.
(2)(a) The President shall, subject to Section 236 (1) and (2), appoint the National Commissioner.
(b) The National Commissioner shall exercise executive command of the Service, subject to Section 219 (1) and the directions of the Minister referred to in Subsection (1).
(3) The President may, if the National Commissioner has lost the confidence of the Cabinet, institute appropriate proceedings against the Commissioner in accordance with a law.

Page 56, Chapter 14 POLICE AND DEFENCE
Section 217 Powers of provinces
(1) The Premier of a province shall charge a member of the Executive Council of the province with responsibility for the performance by the Service in or in regard to that province of the functions set out in Section 219 (1).
(2) The member of the Executive Council referred to in Subsection (1):
(a) shall approve or veto the appointment of the relevant Provincial Commissioner in terms of Section 218 (1)(b); and
(b) may, if the Provincial Commissioner has lost the confidence of the Executive Council, institute appropriate proceedings against the said Commissioner in accordance with a law.
(3) A provincial legislature may pass laws not inconsistent with national legislation regarding the functions of the Service set out in Section 219 (1).
(4) No provincial law may:
(a) permit lower standards of performance of the functions of the Service than those provided for by an Act of Parliament; or
(b) detract from the rights which citizens have under an Act of Parliament.
Section 218 Responsibilities of National Commissioner
(1) Subject to Section 214 and the directions of the Minister referred to in Section 216 (1), the National Commissioner shall be responsible for:
(a) the maintenance of an impartial, accountable, transparent and efficient police service;
(b) the appointment of provincial commissioners, subject to Section 217 (2)(a);
(c) the preservation of the internal security in the Republic;
(d) the investigation and prevention of organized crime or crime which requires national investigation and prevention or specialized skills: Provided that the Act referred to in Section 214 (1) shall set out the circumstances which shall be regarded as organized crime and the circumstances which require national investigation and prevention or specialized skills;
(e) international police liaison;
(f) the keeping and provision of crime intelligence data, criminal records and statistics;
(g) the training of members of the Service, including any municipal or metropolitan police services to be established;
(h) the recruitment, appointment, promotion and transfer of all members of the Service;
(i) the provision of forensic laboratory services;
(j) such functions relating to border control and the import and export of goods as may be assigned to the Service by law;
(k) the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner: Provided that the Act referred to in Section 214 (1) shall provide that the President, in consultation with the Cabinet, may direct the National Commissioner to deploy the said unit in circumstances where the Provincial Commissioner is unable to maintain public order and the deployment of the said unit is necessary to restore public order;
(l) national protection services;
(m) the establishment of a special task force for high risk operations which require specialized skills; and
(n) subject to Section 219, such other functions as:
(i) are necessary to achieve the objectives referred to in Section 217; and
(ii) are appropriate for the National Commissioner to take responsibility for.
(2) The National Commissioner may after consultation with the Executive Council of the province concerned assign responsibility for any function set out in this section to a Provincial Commissioner: Provided that the
National Commissioner shall ensure that sufficient resources are made available to the Provincial Commissioner for such purpose.

Page 57, Chapter 14 POLICE AND DEFENCE
Section 219 Provincial Commissioners
(1) Subject to Sections 214 and 218 and the directions of the relevant member of the Executive Council referred to in Section 217 (1), a Provincial Commissioner shall be responsible for:
(a) the investigation and prevention of crime;
(b) the development of community-policing services;
(c) the maintenance of public order;
(d) the provision in general of all other visible policing services, including:
(i) the establishment and maintenance of police stations;
(ii) crime reaction units; and
(iii) patrolling services;
(e) protection services in regard to provincial institutions and personnel;
(f) transfers within the province of members of the Service performing functions in terms of this section; and
(g) the promotion, up to the rank of lieutenant-colonel, of members of the Service performing functions in terms of this section.
(2) Subject to Sections 214 and 218 and the directions of the National Commissioner, a Provincial Commissioner shall be responsible for:
(a) the maintenance and discipline of the Service in the province concerned;
(b) the recruitment of members of the Service responsible for the functions set out in Subsection (1), and the promotion of any such members to the rank of colonel or above;
(c) such other functions as may be assigned to him or her by the National Commissioner under Section 218 (2); and
(d) subject to such procedures or mechanisms as may be established by the Board of Commissioners referred to in Section 220 (2), the transfer of members of the Service under his or her command to or from positions outside his or her jurisdiction.

Page 57, Chapter 14 POLICE AND DEFENCE
Section 220 Co-ordination and co-operation
(1) A committee consisting of the Minister referred to in Section 216 (1) and the respective members of the Executive Councils referred to in Section 217 (1) shall be established to ensure the effective co-ordination of the Service and effective co-operation between the various Commissioners.
(2) The Act referred to in Section 214 (1) shall provide for the appointment of a Board of Commissioners, consisting of the National Commissioner and the Provincial Commissioners and presided over by the National Commissioner or his or her nominee, in order to promote co-operation and co-ordination in the Service.

Page 57, Chapter 14 Police and Defence
Section 221 Local policing
(1) The Act referred to in Section 214 (1) shall provide for the establishment of community-police forums in respect of police stations.
(2) The functions of community-police forums referred to inSubsection (1) may include:
(a) the promotion of accountability of the Service to local communities and co-operation of communities with the Service;
(b) the monitoring of the effectiveness and efficiency of the Service;
(c) advising the Service regarding local policing priorities;
(d) the evaluation of the provision of visible police services, including:
(i) the provision, siting and staffing of police stations;
(ii) the reception and processing of complaints and charges;
(iii) the provision of protective services at gatherings;
(iv) the patrolling of residential and business areas; and
(v) the prosecution of offenders; and
(e) requesting enquiries into policing matters in the locality concerned.
(3) The Act referred to in Section 214 (1) shall make provision for the establishment by any local government of a municipal or metropolitan police service: Provided that:
(a) such a police service may only be established with the consent of the relevant member of the Executive Council of the province referred to in Section 217 (1);
(b) the powers of such a police service shall be limited to crime prevention and the enforcement of municipal and metropolitan by-laws;
(c) the said member of the Executive Council of the province shall, subject to Paragraph (b) and the provisions of the said Act, determine the powers and functions of such a police service; and
(d) the said Act shall provide that its provisions shall, as far as practicable, apply mutatis mutandis to any such police service.

Page 58, Chapter 14 Police and Defence
Section 222 Independent complaints mechanism
There shall be established and regulated by an Act of Parliament an independent mechanism under civilian control, with the object of ensuring that complaints in respect of offenses and misconduct allegedly committed by members of the Service are investigated in an effective and efficient manner.

Page 58, Chapter 14 Police and Defence
Section 223 Acts of members outside their territorial jurisdiction
(1) No act of a member of the Service shall be invalid solely by reason of the fact that it was committed outside the province in which that member is stationed.
(2) The National Commissioner shall by regulation determine the procedures and the relevant powers of the members of the Service to enable them to perform their functions outside their area of provincial jurisdiction.

Page 64, Chapter 15 General and Transitional Provisions
Section 235 Transitional arrangements: Executive authorities
(8) ... (c) In regard to any policing power the President may only make that assignment effective upon the rationalization of the police service as contemplated in Section 237: Provided that such assignment to a province may be made where such rationalization has been completed in such a province.
Page 64, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
(1) A public service, department of state (including a police force), administration, military force as defined in Section 224 (2)(a) or (b) or other institution (excluding any local government) which immediately before the commencement of this Constitution performed governmental functions under the control of an authority referred to in Section 235 (1)(a), (b) or (c), shall, subject to Subsection (7), continue to function as such in accordance with the laws applicable to it until it is, as the case may be, abolished or incorporated or integrated into any appropriate institution or is rationalized as contemplated in any other Chapter, consolidated with any other institution or otherwise rationalized as contemplated in Section 237, as the case may be: Provided that a military force referred to in this subsection shall not be employed for service referred to in Section 227 (1)(a), (b) or (e) otherwise than by the President and shall only be used for such service by the authority referred to in Section 225 in accordance with Section 227 (2).
(2) A person who immediately before the commencement of this Constitution was employed by an institution referred to in Subsection (1) shall continue in such employment subject to and in accordance with this Constitution and other applicable laws regulating such employment.
(3) Subject to Subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of this Constitution performed governmental functions as contemplated in Subsection (1) shall, after the saidcommencement, continue in force for the purpose of the continued functioning within the contemplation of Subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.
(4) Subject to this Constitution and Subsection (5), the terms and conditions of employment applicable to a person employed by an institution referred to in Subsection (1) immediately before the commencement of this Constitution, shall continue to apply to him or her until amended by or under any law, including any law enacted in order to establish uniformity of the terms and conditions of employment in accordance with those generally prevailing at such commencement.
... (6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred or may occur between 27 April 1993 and 30 September 1994 in respect of any person referred to in Subsection (2), or any class of such persons, may, at the instance of a Minister or a member of the Executive Council of a province, within one year of the commencement of this Constitution be reviewed by a commission appointed by the President and presided over by a judge, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award.

Page 64, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
... (7)(a) At the commencement of this Constitution the South African Police existing in terms of the Police Act, 1958 (Act 7 of 1958), and all other police forces established by law shall be deemed to constitute the South African Police Service referred to in Section 214, and any reference to the South African Police or any such force in the said Act or law shall be deemed to be a reference to the said Service.

Page 65, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
(7) ... (b) Any reference in any law to the South African Police or any other police force (excluding a municipal police service) shall, unless the context indicates otherwise, be construed as a reference to the said South African Police Service.

Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (2)(a) The responsibility for the rationalization of:
(i) institutions referred to in Section 236 (1), excluding military forces, shall primarily but not exclusively rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments and the Commission on Provincial Government, and with due regard to the advice of the Public Service Commission: Provided that in the case of policing services, the national government shall exercise such responsibility in co-operation with the committee referred to in Section 220 (1) and the Board of Commissioners referred to in Section 220 (2); and

Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (2)... (b) Subject to Section 235 (6), (7), (8) and (9), the responsibility for the internal rationalization of an administration referred to in Subsection (1)(a)(ii) shall primarily rest with the relevant provincial government, with due regard to the advice of the Public Service Commission and any relevant provincial service commission: Provided that the rationalization of all police forces shall be dealt with in accordance with Paragraph (a)(i).

Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (3) ... (b) Without derogating from the generality of Paragraph (a), the steps referred to in that paragraph may include:
... (ii) measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in Subsection (2) and rationalize the South African Police Service and the National Defence Force.

Page 66, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
(1) ... (a) Where any asset is applied or intended to be applied for or in connection with a matter which:
... (ii) does fall within such a functional area but is a matter referred to in Section 126 (3)(a) to (e) (which shall be deemed to include a police asset), such asset shall vest in the national government.

Page 67, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
(1) ... (f) All assets under the control of a police force shall vest in the South African Police Service.
Armed forces
Page 18, Chapter 6 The National Executive
Section 82 Powers and functions of President 
... (4)(a) The President shall be the Commander-in-Chief of the National Defence Force.
(b) The President may:
(i) with the approval of Parliament, declare a state of national defence;
(ii) employ the National Defence Force in accordance with and subject to Sections 227 and 228; and
(iii) confer upon members of the National Defence Force permanent commissions and cancel such commissions. 

Page 48, Chapter 12 Finance
Section 189 Special pensions
(1) Provision shall be made by an Act of Parliament for the payment of special pensions by the national government to:
(a) persons who have made sacrifices or who have served the public interest in the establishment of a democratic constitutional order, including members of any armed or military force not established by or under any law and which is under the authority and control of, or associated with and promotes the objectives of, a political organization; or
(b) dependents of such persons.
(2) The Act of Parliament referred to in Subsection (1) shall prescribe the qualifications of a beneficiary of a special pension referred to in Subsection (1), the conditions for the granting thereof and the manner of the determination of the amount of such pension, taking into account all relevant factors, including, inter alia, any other remuneration or pension received by such beneficiary.


Page 34-35, Chapter 9 Provincial Government
Section 126 Legislative competence of provinces
(2)... (d) it is necessary for the determination of national economic policies, the maintenance of economic unity, the protection of the environment, the promotion of inter-provincial commerce, the protection of the common market in respect of the mobility of goods, services, capital or labor, or the maintenance of national security; or

Page 58, Chapter 14 POLICE AND DEFENCE
Section 224 Establishment of National Defence Force
(1) The National Defence Force is hereby established as the only defence force for the Republic.
(2) The National Defence Force shall at its establishment consist of all members of:
(a) the South African Defence Force;
(b) any defence force of any area forming part of the national territory; and
(c) any armed force as defined in Section 1 of the Transitional Executive Council Act, 1993 (Act 151 of 1993), and whose names, at the commencement of this Constitution, are included in a certified personnel register referred to in Section 16 (3) or (9) of the said Act: Provided that this subsection shall not apply to members of any such defence or armed force if the political organization under whose authority and control it stands or with which it is associated and whose objectives it promotes did not take part in the first election of the National Assembly and the provincial legislatures under this Constitution.
(3) Save for the National Defence Force, no other armed force or military force or armed organization or service may be established in or for the Republic other than:
(a) as provided for in this Constitution;
(b) a force established by or under an Act of Parliament for the protection of public property or the environment; or
(c) a service established by or under law for the protection of persons or property.

Page 58, Chapter 14 Police and Defence
Section 225 Chief of National Defence Force
Subject to Section 236 (1) and (2), the President shall appoint a Chief of the National Defence Force, who shall exercise military executive command of the National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.

Page 58, Chapter 14 Police and Defence
Section 226 Members of National Defence Force
(1) The National Defence Force shall comprise both a permanent force and a part-time reserve component.
(2) The establishment, organization, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.
(3) The establishment, organization, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.
(4) The National Defence Force shall be established in such a manner that it will provide a balanced, modern and technologically advanced military force, capable of executing its functions in terms of this Constitution.
(5) All members of the National Defence Force shall be properly trained in order to comply with international standards of competency.
(6) No member of the permanent force shall hold office in any political party or political organization. ...

Page 59 Chapter 14 Police and Defence
Section 226 Members of National Defence Force
... A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.
(8) Provision shall be made by an Act of Parliament for the payment of adequate compensation to:
(a) a member of the National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and
(b) the immediate dependants of a member of the National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.

Page 59 Chapter 14 Police and Defence
Section 227 Functions of National Defence Force
(1) The National Defence Force may, subject to this Constitution, be employed:
(a) for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;
(b) for service in compliance with the international obligations of the Republic with regard to international bodies and other states;
(c) for service in the preservation of life, health or property;
(d) for service in the provision or maintenance of essential services;
(e) for service in the upholding of law and order in the Republic in co-operation with the South African Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and
(f) for service in support of any department of state for the purpose of socio-economic upliftment.
(2) The National Defence Force shall:
(a) exercise its powers and perform its functions solely in the national interest by:
(i) upholding the Constitution;
(ii) providing for the defence of the Republic; and
(iii) ensuring the protection of the inhabitants of the Republic,in accordance with this Constitution and any law;
(b) exercise its powers and perform its functions under the directions of the government of the Republic;
(c) refrain from furthering or prejudicing party-political interests;
(d) not breach international customary law binding on the Republic relating to aggression;
(e) in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and
(f) be primarily defensive in the exercise or performance of its powers and functions.
(3) The employment for service, training, organization and deployment of the National Defence Force shall be effected in accordance with the requirements of Subsection (2).


Page 59-60, Chapter 14 Police and Defence
Section 228 Accountability
(1) The Minister responsible for defence shall be accountable to Parliament for the National Defence Force.
(2) Parliament shall annually approve a budget for the defence of the Republic.
(3)(a) A joint standing committee of Parliament on defence shall be established, consisting of members of all political parties holding more than 10 seats in the National Assembly and willing to participate in the committee.
(b) The total membership of the committee shall be as determined by or under the rules and orders.
(c) Such a party shall be entitled to designate a member or members on the committee in accordance with the principle of proportional representation and as determined in accordance with the following formula:
(i) A quota of seats per member of the committee shall be determined by dividing the total number of seats in the National Assembly held jointly by all the parties referred to in Paragraph (a) by the total number of members of the committee plus one.
(ii) The result, disregarding third and subsequent decimals, if any, shall be the quota of seats per member.
(iii) The number of members that a participating party shall be entitled to designate on the committee, shall be determined by dividing the total number of seats held by such party in the National Assembly by the quota referred to in Subparagraph (ii).
(iv) The result shall, subject to Subparagraph (v), indicate the number of members that such party is entitled to designate on the committee.
(v) Where the application of the above formula yields a surplus not absorbed by the number of members allocated to a party, such surplus shall compete with other similar surpluses accruing to another party or parties, and any member or members which remain unallocated shall be allocated to the party or parties concerned in sequence of the highest surplus.
(d) The committee shall be competent to investigate and make recommendations regarding the budget, functioning, organization, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to parliamentary supervision of the Force as may be prescribed by law.
(4)(a) The President shall, when the National Defence Force is employed for service referred to in Section 227 (1)(a), (b) or (e), forthwith inform Parliament of the reasons for such employment.
(b) If, in the case of such an employment referred to in Section 227 (1)(a) or (b), Parliament is not sitting, the President shall summon the joint standing committee referred to in Subsection (3) to meet expeditiously, but not later than 14 days after the commencement of such employment, and shall inform the committee of the reasons for such employment.
(5) Parliament may by resolution terminate any employment referred to in Section 227 (1)(a), (b) or (e), but such termination of employment shall not affect the validity of anything done in terms of such employment up to the date of such termination, or any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such employment.

Page 64, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
(1) A public service, department of state (including a police force), administration, military force as defined in Section 224 (2)(a) or (b) or other institution (excluding any local government) which immediately before the commencement of this Constitution performed governmental functions under the control of an authority referred to in Section 235 (1)(a), (b) or (c), shall, subject to Subsection (7), continue to function as such in accordance with the laws applicable to it until it is, as the case may be, abolished or incorporated or integrated into any appropriate institution or is rationalized as contemplated in any other Chapter, consolidated with any other institution or otherwise rationalized as contemplated in Section 237, as the case may be: Provided that a military force referred to in this subsection shall not be employed for service referred to in Section 227 (1)(a), (b) or (e) otherwise than by the President and shall only be used for such service by the authority referred to in Section 225 in accordance with Section 227 (2).
(2) A person who immediately before the commencement of this Constitution was employed by an institution referred to in Subsection (1) shall continue in such employment subject to and in accordance with this Constitution and other applicable laws regulating such employment.
(3) Subject to Subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of this Constitution performed governmental functions as contemplated in Subsection (1) shall, after the saidcommencement, continue in force for the purpose of the continued functioning within the contemplation of Subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.
(4) Subject to this Constitution and Subsection (5), the terms and conditions of employment applicable to a person employed by an institution referred to in Subsection (1) immediately before the commencement of this Constitution, shall continue to apply to him or her until amended by or under any law, including any law enacted in order to establish uniformity of the terms and conditions of employment in accordance with those generally prevailing at such commencement.
... (6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred or may occur between 27 April 1993 and 30 September 1994 in respect of any person referred to in Subsection (2), or any class of such persons, may, at the instance of a Minister or a member of the Executive Council of a province, within one year of the commencement of this Constitution be reviewed by a commission appointed by the President and presided over by a judge, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award.

Page 65, Chapter 15 General and Transitional Provisions
Section 236 Transitional arrangements: Public administration
(8)(a) The National Defence Force referred to in Section 224 shall, subject to this Constitution and any Act of Parliament, mutatis mutandis be governed by the Defence Act, 1957 (Act 44 of 1957).
(b) Any reference in any law to a defence force referred to in Section 224 (2)(a) or (b), shall be deemed to be a reference to the National Defence Force.
(c) If the number of the members of the National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who, due to integration, consolidation and rationalization of the National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.
(d) The continuance of membership of members of the National Defence Force referred to in Section 224 (2)(c) shall be subject to such members entering into an agreement for temporary or permanent appointment with the National Defence Force within a reasonable time: Provided that such agreements shall be in accordance with normal employment policies and terms and conditions of service.
Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
(1)(a) All institutions referred to in Section 236 (1), excluding military forces referred to in Section 224 (2), shall as soon as is possible after the commencement of this Constitution be rationalized with a view to establishing within the public servicecontemplated in Section 212 (1):
(i) an effective administration at the national level of government to deal with matters within the jurisdiction of the national government referred to in Section 235 (5)(a); and
(ii) an effective administration for each province to deal with matters within the jurisdiction of each provincial government referred to in Section 235 (5)(b).
(b) All military forces referred to in Section 224 (2) shall be rationalized for the purposes of the National Defence Force.
(2)(a) The responsibility for the rationalization of:
(i) institutions referred to in Section 236 (1), excluding military forces, shall primarily but not exclusively rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments and the Commission on Provincial Government, and with due regard to the advice of the Public Service Commission: Provided that in the case of policing services, the national government shall exercise such responsibility in co-operation with the committee referred to in Section 220 (1) and the Board of Commissioners referred to in Section 220 (2); and
(ii) military forces shall rest with the national government.
(b) Subject to Section 235 (6), (7), (8) and (9), the responsibility for the internal rationalization of an administration referred to in Subsection (1)(a)(ii) shall primarily rest with the relevant provincial government, with due regard to the advice of the Public Service Commission and any relevant provincial service commission: Provided that the rationalization of all police forces shall be dealt with in accordance with Paragraph (a)(i).
(3)(a) The President may, subject to Subsection (2)(a), by proclamation in the Gazette take such steps as he or she considers necessary in order to achieve the aim mentioned in Subsection (1).
(b) Without derogating from the generality of Paragraph (a), the steps referred to in that paragraph may include:
(i) the amendment, repeal or replacement of any law regulating the establishment, functions and other matters relating to an institution referred to in Section 236 (1), or of any law referred to in Section 236 (2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in Section 236 (2) is repealed, provision shall be made for the application of any law of general application regulating the employment of persons or any class of persons in the employment of the state, to the persons or class of persons affected by such repeal; and
(ii) measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in Subsection (2) and rationalize the South African Police Service and the National Defence Force.
(c) A copy of a proclamation under Paragraph (a), shall be submitted to Parliament within 14 days after the publication thereof.
(d) If Parliament disapproves of any such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

Page 65, Chapter 15 General and Transitional Provisions
Section 237 Rationalization of public administration
... (3) ... (b) Without derogating from the generality of Paragraph (a), the steps referred to in that paragraph may include:
... (ii) measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in Subsection (2) and rationalize the South African Police Service and the National Defence Force.

Page 67, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
...(4) Subject to and in accordance with any applicable law, the assets, rights, duties and liabilities of all forces referred to in Section 224 (2) shall devolve upon the National Defence Force.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 29, Chapter 8 Public Protector, Human Rights Commissions 
Section 112 Powers and functions 
(1) The Public Protector shall, in addition to any powers and functions assigned to him or her by any law, be competent:
(a) to investigate, on his or her own initiative or on receipt of a complaint, any alleged:
... (iii) improper or dishonest act, or omission or corruption, with respect to public money;
(iv) improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in the public administration or in connection with the affairs of government at any level or of a person performing a public function; or

Page 39, Chapter 9 Provincial Government
Section 149 Executive Councils 
... (9) No member of the Executive Council shall use his or her position as such, or directly or indirectly use information entrusted confidentially to him or her in such capacity, to enrich himself or herself or any other person.

Page 48, Chapter 12 Finance
Section 187 Procurement administration
(1) The procurement of goods and services for any level of government shall be regulated by an Act of Parliament and provincial laws, which shall make provision for the appointment of independent and impartial tender boards to deal with such procurements.
(2) The tendering system referred to in Subsection (1) shall be fair, public and competitive, and tender boards shall on request give reasons for their decisions to interested parties.
(3) No organ of state and no member of any organ of state or any other person shall improperly interfere with the decisions and operations of the tender boards.
(4) All decisions of any tender board shall be recorded.

Page 48, Chapter 12 Finance
Section 191 Establishment and appointment
(1) There shall be an Auditor-General for the Republic.
(2) The President shall whenever it becomes necessary appoint as Auditor-General a person:
(a) nominated by a joint committee of the Houses of Parliament, composed of one member of each party represented in Parliament and willing to participate in the committee; and
(b) approved by the National Assembly and the Senate by resolution adopted, without debate, by a majority of at least two-thirds of the members present and voting at a joint meeting: Provided that if any nomination is not approved as required in Paragraph (b), the joint committee shall nominate another person.
(3) The Auditor-General shall be a South African citizen who is a fit and proper person to hold such office and who shall be appointed with due regard to his or her specialized knowledge of or experience in auditing, state finances and public administration.
(4) Unless the new constitutional text provides otherwise, the Auditor-General shall be appointed for a period of not less than five years and not more than ten years and shall not thereafter be eligible for re-appointment.
(5) If the Auditor-General is absent or unable to exercise and perform his or her powers and functions, or if the office of Auditor-General is vacant, the highest ranking member of the Auditor-General's staff shall act as Auditor-General until the vacancy is filled, and shall for that purpose have all the powers and functions of the Auditor-General.
(6) The remuneration and other conditions of service of the Auditor-General shall be as prescribed by or under an Act of Parliament, and such remuneration and the other conditions of service shall not be altered to his or her detriment during his or her term of office.
(7) The Auditor-General shall not perform remunerative work outside his or her official duties.
(8) The Auditor-General shall not hold office in any political party or political organization.
(9) The Auditor-General may be removed from office by the President, but only on the grounds of misconduct, incapacity or incompetence determined by a joint committee of the Houses of Parliament composed as provided for in Subsection (2)(a), and upon receipt of a request for such removal made by Parliament in pursuance of a resolution to that effect adopted at a joint sitting of the National Assembly and the Senate.
(10) An Auditor-General who is the subject of an investigation by a joint committee in terms of Subsection (9), may be suspended by the President pending a decision in such investigation.
(11) The Auditor-General may at any time resign, subject to his or her conditions of service, by lodging his or her resignation in writing with the President.

Page 50, Chapter 12 Finance
Section 192 Independence and impartiality
(1) The Auditor-General shall be independent and impartial and shall exercise and perform his or her powers and functions subject only to this Constitution and the law.
(2) The Auditor-General and the persons appointed under Section 194 (1) shall have such immunities and privileges as may be assigned to them by or under an Act of Parliament for the purpose of ensuring the independent and impartial exercise and performance of their powers and functions.
(3) No organ of state and no member or employee of an organ of state nor any other person shall interfere with the Auditor-General or a person appointed under Section 194 (1) in the exercise or performance of his or her powers or functions.
(4) All organs of state shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Auditor-General in the exercise and performance of his or her powers and functions.

Page 50, Chapter 12 Finance
Section 193 Powers and functions
(1) The Auditor-General shall audit and report on all the accounts and financial statements of all the accounting officers at national and provincial level of government, other than that of the office of Auditor-General, and of all other persons in the national and provincial public services entrusted with public assets, trust property and other assets.
(2) The Auditor-General shall audit and report on all the accounts and financial statements of any local government, board, fund, institution, company, corporation or other organization established or constituted by or under any law and of which the accounts and financial statements are required in terms of a law to be audited by the Auditor-General, and the accounts and financial statements of all persons in the employment of such a body who have been entrusted by it with its assets, or any other assets.
(3) The Auditor-General shall also, at the request of the President or Parliament, conduct performance audits. (4) The Auditor-General may, whenever he or she considers it to be in the public interest, or upon receipt of a complaint, investigate, audit and report on the accounts and financial statements of any statutory body or any other institution in control of public funds.
(5) No further duties or functions may be imposed upon or assigned to the Auditor-General other than by means of an Act of Parliament.
(6) Whenever the Auditor-General or a person appointed in terms of Section 194 (1) exercises or performs his or her powers and functions in terms of this Constitution, he or she shall have access to all books, records and other documents and information relating to the accounts and financial statements referred to in this section.
(7) The Auditor-General shall report on the accounts examined by him or her and submit such reports to the authorities designated by an Act of Parliament to receive them, and, unless otherwise provided by an Act of Parliament, such reports or a report by the Auditor-General on any other matter shall be submitted to Parliament within seven days after receipt thereof by such authority.
(8) The Auditor-General shall make public any report referred to in Subsection (7) after the expiry of a period of 14 days from the date on which such report was submitted to the authorities concerned.

Page 50, Chapter 12 Finance
Section 194 Staff and expenditure
(1) The Auditor-General may appoint, in accordance with a law, such persons as may be necessary for the discharge of the work of the office of the Auditor-General.
(2) The Auditor-General may, subject to such conditions as may be prescribed by or under a law, delegate any of his or her powers to a person referred to in Subsection (1), or authorize such a person to perform any function of the Auditor-General.
(3) Expenditure incurred during the exercise and performance of the powers and functions of the Auditor- General in terms of this Constitution or under any other law shall be defrayed from money appropriated by Parliament for such purpose and from fees raised or money obtained in a manner authorized by an Act of Parliament.

Page 56, Chapter 14 Police and Defence
Section 218 Responsibilities of National Commissioner
(1) Subject to Section 214 and the directions of the Minister referred to in Section 216 (1), the National Commissioner shall be responsible for:
(a) the maintenance of an impartial, accountable, transparent and efficient police service;

Page 67, Chapter 15 General and Transitional Provisions
Section 239 Transitional arrangements: Assets and liabilities
... (5) Anything done in terms of this section shall be subject to audit by the Auditor-General.

Page 68, Chapter 15 General and Transitional Provisions
Section 241 Transitional arrangements: Judiciary
... (4) Every attorney-general holding office immediately before the commencement of this Constitution in terms of a law, shall continue to hold such office in accordance with such law.

Page 69, Chapter 15 General and Transitional Provisions
Section 244 Transitional arrangements: Auditor-General
(1) A person who immediately before the commencement of this Constitution was:
(a) the Auditor-General in terms of the Auditor-General Act, 1989 (Act 52 of 1989), shall continue in office subject to Section 191 and the laws applicable to such office;
(b) employed in terms of the Audit Arrangements Act, 1992 (Act 122 of 1992), shall continue in such employment subject to and in accordance with this Constitution, the said Act and any other applicable law regulating such employment; and
(c) the auditor-general of any area which forms part of the national territory (other than the Auditor-General referred to in Paragraph (a)), shall continue in such office or employment in accordance with the laws regulating such office or employment, until such office of auditor-general is abolished by law: Provided that any such auditor-general shall be eligible for appointment under Section 194: Provided further that should such a person not be appointed, he or she shall have the right to retire and if he or she so retires he or she shall be entitled to such pension as he or she would have been entitled to under the pensions law applicable to him or her if he or she had been compelled to retire from the public service owing to the abolition of his or her post.
(2) For the purpose of Subsection (1), the persons referred to in that subsection shall not be dealt with less favorably than an officer or employee in a public service.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Amnesty/pardon proper
Page 71, [Chapter 16] NATIONAL UNITY AND RECONCILIATION
[...] In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offenses associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining a firm cut-off date, which shall be a date after 8 Oct 1990 and before 6 Dec 1993, and providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with at any time after the law has been passed.
Power to amnesty
Page 10, Chapter 4 Parliament
Section 42 Qualification for membership of National Assembly

(b) at any time after the promulgation of this Constitution is convicted of an offence in the Republic, or outside the Republic if the conduct constituting such offence would have constituted an offence in the Republic, and for which he or she has been sentenced to imprisonment of more than 12 months without the option of a fine, unless he or she has received a pardon;
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
Material reparations
Page 3, Chapter 3 Fundamental Rights,
Section 8 Equality,
... (3)... (b) Every person or community dispossessed of rights in land before the commencement of this Constitution under any law which would have been inconsistent with Subsection (2) had that subsection been in operation at the time of the dispossession, shall be entitled to claim restitution of such rights subject to and in accordance with Sections 121, 122 and 123.

Page 31, Chapter 8 Public Protector, Human Rights Commissions 
Section 121 Claims 
(1) An Act of Parliament shall provide for matters relating to the restitution of land rights, as envisaged in this section and in Sections 122 and 123.
(2) A person or a community shall be entitled to claim restitution of a right in land from the state if:
(a) such person or community was dispossessed of such right at any time after a date to be fixed by the Act referred to in Subsection (1); and 
(b) such dispossession was effected under or for the purpose of furthering the object of a law which would have been inconsistent with the prohibition of racial discrimination contained in Section 8 (2), had that section been in operation at the time of such dispossession.
(3) The date fixed by virtue of Subsection (2)(a) shall not be a date earlier than 19 June 1913. 
(4)(a) The provisions of this section shall not apply to any rights in land expropriated under the Expropriation Act, 1975 (Act 63 of 1975), or any other law incorporating by reference that Act, or the provisions of that Act with regard to compensation, if just and equitable compensation as contemplated in Section 123 (4) was paid in respect of such expropriation. 
(b) In this section `Expropriation Act, 1975' shall include any expropriation law repealed by that Act.
(5) No claim under this section shall be lodged before the passing of the Act contemplated in Subsection (1).
(6) Any claims under Subsection (2) shall be subject to such conditions, limitations and exclusions as may be prescribed by such Act, and shall not be justiciable by a court of law unless the claim has been dealt with in terms of Section 122 by the Commission established by that section. 

Page 31, Chapter 8 Public Protector, Human Rights Commissions 
Section 122 Commission 
(1) The Act contemplated in Section 121 (1) shall establish a Commission on Restitution of Land Rights, which shall be competent to:
(a) investigate the merits of any claims;
(b) mediate and settle disputes arising from such claims; 
(c) draw up reports on unsettled claims for submission as evidence to a court of law and to present any other relevant evidence to the court; and
(d) exercise and perform any such other powers and functions as may be provided for in the said Act.
(2) The procedures to be followed for dealing with claims in terms of this section shall be as prescribed by or under the said Act. 

Page 31, Chapter 8 Public Protector, Human Rights Commissions 
Section 123 Court orders 
(1) Where a claim contemplated in Section 121 (2) is lodged with a court of law and the land in question is:
(a) in the possession of the state and the state certifies that the restoration of the right in question is feasible, the court may, subject to Subsection (4), order the state to restore the relevant right to the claimant; or
(b) in the possession of a private owner and the state certifies that the acquisition of such land by the state is feasible, the court may, subject to Subsection (4), order the state to purchase or expropriate such land and restore the relevant right to the claimant.

Page 31-32, Chapter 8 Public Protector, Human Rights Commissions 
Section 123 Court orders 
... (2) The court shall not issue an order under Subsection (1)(b) unless it is just and equitable to do so, taking into account all relevant factors, including the history of the dispossession, the hardship caused, the use to which the property is being put, the history of its acquisition by the owner, the interests of the owner and others affected by any expropriation, and the interests of the dispossessed: Provided that any expropriation under Subsection (1)(b) shall be subject to the payment of compensation calculated in the manner provided for in Section 28 (3). 

Page 32, Chapter 8 Public Protector, Human Rights Commissions 
Section 123 Court orders 
... (3) If the state certifies that any restoration in terms of Subsection (1)(a) or any acquisition in terms of Subsection (1)(b) is not feasible, or if the claimant instead of the restoration of the right prefers alternative relief, the court may, subject to Subsection (4), order the state, in lieu of the restoration of the said right: 
(a) to grant the claimant an appropriate right in available alternative state-owned land designated by the state to the satisfaction of the court, provided that the state certifies that it is feasible to designate alternative state- owned land;
(b) to pay the claimant compensation; or 
(c) to grant the claimant any alternative relief.
(4)(a) The compensation referred to in Subsection (3) shall be determined by the court as being just and equitable, taking into account the circumstances which prevailed at the time of the dispossession and all such other factors as may be prescribed by the Act referred to in Section 121 (1), including any compensation that was paid upon such dispossession.
(b) If the court grants the claimant the relief contemplated in Subsection (1) or (3), it shall take into account, and, where appropriate, make an order with regard to, any compensation that was paid to the claimant upon the dispossession of the right in question. 
Reconciliation
Page 71, [Chapter 16] NATIONAL UNITY AND RECONCILIATION
This Constitution provides a historic bridge between the past of a deeply divided society characterized 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 color, race, class, belief or sex.
The pursuit of national unity, the well-being of all South African citizens and peace require reconciliation between the people of South Africa and the reconstruction of society.
The adoption of this Constitution lays the secure foundation for the people of South Africa to transcend the divisions and strife of the past, which generated gross violations of human rights, the transgression of humanitarian principles in violent conflicts and a legacy of hatred, fear, guilt and revenge.
These can now be addressed on the basis that there is a need for understanding but not for vengeance, a need for reparation but not for retaliation, a need for ubuntu but not for victimization.
In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offenses associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining a firm cut-off date, which shall be a date after 8 Oct 1990 and before 6 Dec 1993, and providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with at any time after the law has been passed.
With this Constitution and these commitments we, the people of South Africa, open a new chapter in the history of our country.
Nkosi sikelel' iAfrika.
God sen Suid-Afrika.
Morena boloka sechaba sa heso.
May God bless our country.
Mudzimu fhatutshedza Afrika.
Hosi katekisa Afrika.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh