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The Government of South Africa, or South African Government, is the national government of the Republic of South Africa, a parliamentary republic with a three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa.
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.
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Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
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."
The Republic of South Africa is a unitary parliamentary democratic republic.The President of South Africa serves both as head of state and as head of government.The President is elected by the National Assembly (the lower house of the South African Parliament) and must retain the confidence of the Assembly in order to remain in office.
The 34 constitutional principles are the basis of any South African constitution, and before a new constitution or amendments of the constitution can take effect these texts must be reviewed according to the 34 constitutional principles by the Constitutional Court of South Africa. [9] Constitutional Principle XXXIV read: 1.
In contemporary South African constitutional law, the value of the rule of law is taken to imply the principle of legality, which, akin to the ultra vires doctrine, entails that the courts may invalidate any unlawful exercise of power. The Constitutional Court of South Africa has developed several requirements for the lawful exercise of public ...