South Africa: Constitution

Updated August 2005

See also: FICK, G 1998, Constitutional provisions.

CONSTITUTION	Constitution of the Republic of SA; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003[1].
FORM OF STATE	Republic[2].
HEAD OF STATE	The President is the Head of State and of government, as well as Commander in Chief of the armed forces[3]. The President is elected by the National Assembly from among its members[4]. The President is restricted to two terms of office of five years each[5].
EXECUTIVE	Executive power lies with the President and the Cabinet (including the Deputy President); cabinet members are appointed and removed by the President[6].
LEGISLATURE	National legislative power is vested in Parliament, which consists of the National Assembly and the National Council of Provinces[7]. The National Assembly consists of between 350 and 400 members directly elected in a proportional representation system (with no minimum entry threshold)[8]. The National Council of Provinces is comprised of a delegation of ten members from each of the nine provincial legislatures and each delegation has one vote. Members of a delegation are allocated to parties in proportion to their seats in the provincial legislature of that province[9].
JUDICIARY	The court system comprises the Constitutional Court (headed by the Chief Justice and the Deputy Chief Justice), the Supreme Court of Appeal (headed by a President and Deputy President), the High Courts, magistrates' courts and other legislatively created courts of High Court or magistrates' court status[10]. The judges are appointed by the President in consultation with the Judicial Services Commission and, in some cases, other office bearers[11]. Judges are removable by the President for incapacity, gross incompetence or misconduct only on a two-thirds majority resolution of the Assembly[12].
AMENDMENTS	Chapter 1 (Founding Provisions) may only be amended with a three-quarters majority in the Assembly and six of the nine delegations in the Council of Provinces. Amendments affecting the Council of Provinces and Chapter 2 (Bill of Rights) amendments require the concurrence of two-thirds of the Assembly and six of the nine delegations in the Council of Provinces. All other amendments require a two-thirds majority in the Assembly only[13].

Notes

[1] Constitution of the Republic of SA 1996; approved by Constitutional Court December 4, 1996; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003.
[2] Constitution of the Republic of SA 1996, Article 1.
[3] Constitution of the Republic of SA 1996, Articles 83, 202.
[4] Constitution of the Republic of SA 1996, Article 86.
[5] Constitution of the Republic of SA 1996, Articles 86(1) (cf Article 49(1)), 88.
[6] Constitution of the Republic of SA 1996, Articles 85, 91. The President may not appoint more than two ministers from outside the National Assembly. The President or Cabinet may be forced to step-down by a motion of no confidence passed by the National Assembly with a majority of its members (Article 102).
[7] Constitution of the Republic of SA 1996, Articles 43(a), 42(1).
[8] The Constitution of the Republic of SA (1996, Article 46) specifies only that the members of the National Assembly be elected "in terms of an electoral system that... results, in general, in proportional representation". The Electoral Act (1998, Schedule 1A) lays out the detail of the system of representation.
[9] Constitution of the Republic of SA 1996, Articles 60(1), 61(1), 65(1), Schedule 3, Part B.
[10] Constitution of the Republic of SA 1996, Articles 166, 167(1), 168(1).
[11] Constitution of the Republic of SA 1996, Article 174. In the case of the Chief Justice and Deputy Chief Justice the President must also consult with leaders of parties in the Assembly. Other Constitutional Court judges require the advice of the Chief Justice as well as party leaders.
[12] Constitution of the Republic of SA 1996, Article 177.
[13] Constitution of the Republic of SA 1996, Article 74.

Reference

CONSTITUTION OF THE REPUBLIC OF SA 1996, [www] http://www.info.gov.za/documents/constitution/index.htm [opens new window, incorporates all amendments until end 2003] Act No. 108 of 1996; approved by Constitutional Court December 4, 1996; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003 (accessed 30 Oct 2007).