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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 amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
Chapter 1 of the Constitution of South Africa, titled Founding Provisions and containing six sections, enshrines in the constitution key national principles, defines the country's flag and national anthem, and specifies the official languages and principles of government language policy.
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.
The Constitution not only sets out the structure of the three branches of government and the fundamental human rights of all of South Africa's people, but it provides for the management of public funding, the delineation of the boundaries and organization of Provinces, the formation of Chapter 9 Institutions to hold the government accountable.
The nine provinces of South Africa are governed by provincial governments which form the second layer of government, between the national government and the municipalities. The provincial governments are established, and their structure defined, by Chapter Six of the Constitution of South Africa.
South African jurisprudence refers to the study and theory of South African law. Jurisprudence has been defined as "the study of general theoretical questions about the nature of laws and legal systems." [1] It is a complex and evolving field that reflects the country's unique legal history and societal changes.
Hoffmann v South African Airways (2000) — a government-owned airline's policy of refusing to hire HIV-positive people as flight attendants violates the right to equality. Satchwell v President of the Republic of South Africa and Another (2002) — pension and retirement benefits provided to the spouses of judges must be equally provided to ...