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The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since the passage of the Citation of Constitutional Laws Act , [ 2 ] neither it nor the acts amending it are allocated act numbers.
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.
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...
The Constitution of the Republic of South Africa, 1996, came into force on 4 February 1997 but the existing Parliament continued without an election. Constitution of the Republic of South Africa Amendment Act, 1997 (before 2005) Constitution First Amendment Act of 1997 (after 2005) 1: Adjustments Appropriation Act, 1997: 2
The Constitution is usually cited as "Constitution of the Republic of South Africa, 1996," while the Interim Constitution is cited as "Constitution of the Republic of South Africa Act 200 of 1993." It is now generally agreed that the final Constitution of 1996 ought, in recognition of its supreme status, not to be cited with its statute number ...
Constitution of the Republic of South Africa, 1996 Section 84(2)(f) [13] Enquiry into tragic incident at or near area commonly known as Marikana Mine in Rustenburg, North West Province: Ian Farlam [13] 23 August 2012 [13] Khayelitsha Commission of Inquiry [14] Constitution of the Republic of South Africa, 1996 Section 206(5) [14]
The 1996 Constitution also still permits, however, in section 39(2) (as the Interim Constitution did in section 35(3)), indirect application of the Bill of Rights in horizontal cases. The presence of section 39(2), as Kentridge AJ stated, "prophetically," [ 28 ] in Du Plessis v De Klerk , "makes much of the vertical-horizontal debate irrelevant."
The most direct use of section 21 rights in constitutional litigation was in Geuking v President, wherein it was contended that section 21(3)'s right to "remain in" South Africa must be considered when the state assents to the extradition of a citizen under the Extradition Act 67, 1962; however, the court rejected that contention.