Skip to main content

Constitutions and constitutional law: South Africa

Constitutional Court of South Africa

South African Constitution

The present Constitution is Act 108 of 1996, but it is common to find citations simply to eg s.165 of the Constitution.  President Mandela signed it on 4 February 1997. The S African Bill of Rights is Chapter 2 of the Constitution.

The "Interim Constitution" was Act 200 of 1993. It was wholly replaced by the present Constitution.

The "Tricameral Constitution" was Act 110 of 1983. It too is wholly repealed.

Texts on S African constitutional law

Volume 5 of Joubert's Laws of South Africa deals with constitutional law, but it is a topic which has attracted plenty of studies.

Ubuntu in South Africa

"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 victimisation."