the south african constitution and the bill of rights pdf Thursday, June 10, 2021 12:13:37 AM

The South African Constitution And The Bill Of Rights Pdf

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Parliament is the national legislature law-making body of South Africa.

Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination.

South Africa – Constitution – Bill of Rights

The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances.

If the people of South Africa are convinced that the Bill of Rights embraces a Western agenda more than it expresses their collective aspirations, it will lose its legitimacy. While acknowledging that the conception of the Bill of Rights is contested between the international human rights movement and some South Africans, this article shows that the Bill of Rights was neither adopted nor borrowed from the international human rights movement.

South Africans did not assimilate the International Bill of Rights but conceived their own Bill of Rights in the early decades of the 20 th Century.

The conception of the South African Bill of Rights was a response to colonialism and apartheid and was not a consequence of tutelage by the international human rights movement. This work is licensed under a Creative Commons Attribution 4. An author furthermore agrees that the same contribution may not be published elsewhere without the written permission of the editor.

Anyone gaining access, electronically or otherwise, to a contribution to PER, may quote from such contribution, use the intellectual content thereof, share and adapt it, but subject to the following conditions:. Skip to main content Skip to main navigation menu Skip to site footer. Abstract The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances.

How to Cite. Potchefstroom Electronic Law Journal , 23 , Vol 23 Anyone gaining access, electronically or otherwise, to a contribution to PER, may quote from such contribution, use the intellectual content thereof, share and adapt it, but subject to the following conditions: you must give appropriate credit, provide a link and indicate if changes were made; and the copyright of the author s may not be infringed in any way.

African constitutions

It is the highest law of the land and no other law or government action can supersede it. An interim constitution was first drafted as the country made its transition from apartheid to democracy. Then, in after the April elections, a new constitution was written in consultation with the public as well as elected public representatives. This was approved by the Constitutional Court on 4 December , signed into law by President Nelson Mandela on 18 December, and took effect on 4 February It is widely regarded as the most progressive constitution in the world, with a Bill of Rights second to none. Human rights are given clear prominence in the Constitution. Among the rights stipulated are those of equality, freedom of expression and association, political and property rights, housing, health care, education, access to information, and access to courts.

South African Law

The South African Legal System. All laws must be consistent with the Constitution. Religious personal and family laws are also part of the hybrid legal system s 15 3 a i and ii of the Constitution. Sources of Law.

The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances. If the people of South Africa are convinced that the Bill of Rights embraces a Western agenda more than it expresses their collective aspirations, it will lose its legitimacy. While acknowledging that the conception of the Bill of Rights is contested between the international human rights movement and some South Africans, this article shows that the Bill of Rights was neither adopted nor borrowed from the international human rights movement. South Africans did not assimilate the International Bill of Rights but conceived their own Bill of Rights in the early decades of the 20 th Century.

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How a Law is Made

We make no claims to the veracity of this law. If you find a mistake, please let us know! Explanatory Memorandum of the Constitutional Assembly: This text has been drafted in terms of Chapter 5 of the interim Constitution, Act of and was first adopted by the Constitutional Assembly on 8 May In terms of a judgement of the Constitutional Court, delivered on 6 September , the text was referred back to the Constitutional Assembly for reconsideration. The text has accordingly been amended to comply with the Constitutional Principles contained in Schedule 4 of the interim Constitution The objective in drafting this text was to ensure that the final constitution is legitimate, credible and accepted by all South Africans. To this extent, the process of drafting this text involved many South Africans in the largest public participation programme ever carried out in South Africa. After nearly two years of intensive consultations, political parties represented in the Constitutional Assembly negotiated the formulations contained in this text which are an integration of ideas from ordinary citizens, civil society and political parties represented in and outside of the Constitutional Assembly.

The Bill of Rights sets out the fundamental rights of all South Africans, including the right to dignity and the right to equality. The Bill of Rights also states when rights may be limited. South Africa's Constitution, as amended. This is the fundamental law of South Africa, setting out the Bill of Rights as well as the relationship of various government structures to each other. Skip to main content. Search form Search this site. Home Documents.

Parliament is the national legislature law-making body of South Africa. As such, one of its major functions is to pass new laws, to amend existing laws, and to repeal or abolish cancel old laws. This function is guided by the Constitution of South Africa, which governs and applies to all law and conduct within South Africa. Law is a system of rules, usually enforced through a set of institutions to regulate human conduct. It shapes politics, economics and society in many ways. There are different types of laws namely, contract law, property law, trust law, criminal law, constitutional law and administrative law. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.

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