Section 231-243 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 231-243 Constitution of South Africa 1996

Table of Contents

Section 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, and 243 of the Constitution of South Africa 1996 (as amended) are under ‘International Law‘ and ‘Other Matters‘ of Chapter 14 of the Constitution. Chapter 14 is titled ‘General provisions‘.

(Section 231-233) International Law

Section 231 Constitution of South Africa 1996

International agreements

1. The negotiating and signing of all international agreements is the responsibility of the national executive.

2. An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3).

3. An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time.

4. Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

5. The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect.

Section 232 Constitution of South Africa 1996

Customary international law

Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

Section 233 Constitution of South Africa 1996

Application of international law

When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.

(Section 234-242) Other matters

Section 234 Constitution of South Africa 1996

Charters of Rights

In order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution.

Section 235 Constitution of South Africa 1996

Self-determination

The right of the South African people as a whole to self-determination, as manifested in this Constitution, does not preclude, within the framework of this right, recognition of the notion of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation.

SEE ALSO  Section 7-8 Constitution of South Africa 1996

Section 236 Constitution of South Africa 1996

Funding for political parties

To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.

Section 237 Constitution of South Africa 1996

Diligent performance of obligations

All constitutional obligations must be performed diligently and without delay.

Section 238 Constitution of South Africa 1996

Agency and delegation

An executive organ of state in any sphere of government may ­

a. delegate any power or function that is to be exercised or performed in terms of legislation to any other executive organ of state, provided the delegation is consistent with the legislation in terms of which the power is exercised or the function is performed; or

b. exercise any power or perform any function for any other executive organ of state on an agency or delegation basis.

Section 239 Constitution of South Africa 1996

Definitions

In the Constitution, unless the context indicates otherwise ­

“national legislation” includes ­

a. subordinate legislation made in terms of an Act of Parliament; and

b. legislation that was in force when the Constitution took effect and that is administered by the national government;

“organ of state” means ­

a. any department of state or administration in the national, provincial or local sphere of government; or

b. any other functionary or institution ­

i. exercising a power or performing a function in terms of the Constitution or a provincial constitution; or

ii. exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer;

“provincial legislation” includes ­

a. subordinate legislation made in terms of a provincial Act; and

b. legislation that was in force when the Constitution took effect and that is administered by a provincial government.

Section 240 Constitution of South Africa 1996

Inconsistencies between different texts

In the event of an inconsistency between different texts of the Constitution, the English text prevails.

Section 241 Constitution of South Africa 1996

Transitional arrangements

Schedule 6 applies to the transition to the new constitutional order established by this Constitution, and any matter incidental to that transition.

SEE ALSO  Article 161-164 Uganda Constitution 1995

Section 242 Constitution of South Africa 1996

Repeal of laws

The laws mentioned in Schedule 7 are repealed, subject to section 243 and Schedule 6.

Section 243 Constitution of South Africa 1996

Short title and commencement

1. This Act is called the Constitution of the Republic of South Africa, 1996, and comes into effect as soon as possible on a date set by the President by proclamation, which may not be a date later than 1 July 1997.

2. The President may set different dates before the date mentioned in subsection (1) in respect of different provisions of the Constitution.

3. Unless the context otherwise indicates, a reference in a provision of the Constitution to a time when the Constitution took effect must be construed as a reference to the time when that provision took effect.

4. If a different date is set for any particular provision of the Constitution in terms of subsection (2), any corresponding provision of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), mentioned in the proclamation, is repealed with effect from the same date.

5. Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1 January 1998, but this does not preclude the enactment in terms of this Constitution of legislation envisaged in any of these provisions before that date. Until that date any corresponding and incidental provisions of the Constitution of the Republic of South Africa, 1993, remain in force.


See also: Section 220-230 Constitution of South Africa 1996

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