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The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
Constitution of South Africa, 1993 (also known as the "Interim Constitution") Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of parliamentary sovereignty and replaced it with a dispensation wherein the Constitution is the supreme law, as opposed to the will of ...
Parliament is South Africa's highest legislator, its original powers bestowed by the Constitution. [17] Some Acts of Parliament give effect to specific human rights, and are created by specific mandate in the Constitution. [16] These are superior to all other legislation, but subordinate to the Constitution.
The Republic of South Africa Constitution Bill was introduced in January 1961. It came into force on 31 May 1961; 31 May was a significant day in South African history, being both the day in 1902 on which the Treaty of Vereeniging was signed, ending the Second Anglo-Boer War, and the day in 1910 on which the Union of South Africa came into being.
[5] The Northern Republics of South Africa (Transvaal and the Free State) were less inclined to allow or accommodate a system of African customary law that was separate to the Republican law. [ 14 ] The British defeat by the Zulu in 1879 and the Zulu rebellion of 1906 had profound effects on South African law and customary law in Natal. [ 15 ]
The movement for the establishment of a constitutional court in South Africa was begun in 1920 by the African National Congress (ANC). [1] Frontage of the Constitutional Court in South Africa. By 1956, judges and liberals in the country had drawn up a bill of rights in support of the creation of the court. The first meeting of selected members ...
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law , and bind all branches of the government, including the national executive, Parliament ...
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]