South Africa: Constitutional provisions

Glenda Fick, October 1998

See also: Constitution.

The provisions of the Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution), and certain provisions of the Constitution of the Republic of South Africa, 1993 (the interim Constitution) establish the framework for the 1999 election in South Africa.

The Constitution of South Africa came into effect on 4 February 1997, and provides for universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government.

The Founding Provisions in s 1 of the Constitution stipulate that the Republic of South Africa is one, sovereign, democratic state founded on the following values:

  • Human dignity, the achievement of equality and the advancement of human rights and freedoms.
  • Non-racialism and non-sexism.
  • Supremacy of the constitution and the rule of law.
  • Universal adult suffrage, a national common voters' roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.

Citizenship

Section 3 of the Constitution provides that there is a common South African citizenship, and that all citizens are:

  • Equally entitled to the rights, privileges and benefits of citizenship; and
  • equally subject to the duties and responsibilities of citizenship.

One of the rights that all South African citizens are entitled to is the right to vote (see below).

Human dignity, equality and freedom

The Constitution seeks to give effect to the values enshrined in the Founding Provisions through the Bill of Rights in Chapter 2 of the Constitution. The rights directly relevant to elections are listed below.

Section 7 of the Constitution provides that '[the] Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.'

Section 9 of the Constitution provides that everyone is equal before the law and has the right to equal protection of and benefit of the law (s 9(1).

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Reference

CONSTITUTION OF THE REPUBLIC OF SA 1996, [www] http://www.info.gov.za/documents/constitution/1996/index.htm [opens new window, incorporates all amendments until 13th Ammendment (2007)] Act No. 108 of 1996; 14-16 Amendments available at http://www.info.gov.za/view/DynamicAction?pageid=612 [opens new window] (accessed 9 Mar 2010); approved by Constitutional Court December 4, 1996; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003 (accessed 26 Feb 2010).