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The Constitution of South Africa is the supreme law of the Republic of South Africa. ... The constitution consists of a preamble, ... Section 26: the right to ...
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.
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 Republic of South Africa Constitution Act, 1961, came into force on 31 May 1961, and the Union of South Africa became the Republic of South Africa, but the existing Parliament continued without an election. 42: Defence Further Amendment Act, 1961: 43: Iron and Steel Industry Amendment Act, 1961: 44: Atomic Energy Amendment Act, 1961: 45
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.
Section 39(2) of the Constitution of South Africa provides that, "When interpreting any legislation... every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights." Section 39(2) has far-reaching implications for statutory interpretation, especially in the context of constitutional litigation. [32]
The Interim Constitution was the fundamental law of South Africa from during the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a
Du Plessis and Others v De Klerk and Another is a 1996 decision of the Constitutional Court of South Africa.Though arising from a defamation case in the law of delict, it had broad significance for the application of the Interim Constitution both to pre-constitutional conduct and to private disputes.