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South African Constitution of 1996:
Republic of South Africa

1. The Republic of South Africa is one, sovereign, democratic state
founded on the following values:

a. Human dignity, the achievement of equality and the advancement of
human rights and freedoms.
b. Non-racialism and non-sexism.
c. Supremacy of the constitution and the rule of law.
d. Universal adult suffrage, a national common voters roll, regular
elections and a multi-party system of democratic government, to ensure
accountability,
responsiveness and openness.
Supremacy of Constitution
2. This Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligations imposed by it
must be fulfilled.

3. Citizenship

(1) There is a common South African citizenship.
(2) All citizens are:
a. equally entitled to the rights, privileges and benefits of citizenship;
and
b. equally subject to the duties and responsibilities of citizenship.
(3) National legislation must provide for the acquisition, loss and restoration
of citizenship.

4. National anthem

The national anthem of the Republic is determined by the President by
proclamation.

5. National flag

The national flag of the Republic is black, gold, green, white, red and
blue, as described and sketched in Schedule 1.

6. Languages

(1) The official languages of the Republic are Sepedi, Sesotho, Setswana,
siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa
and isiZulu.

(2) Recognising the historically diminished use and status of the indigenous
languages of our people, the state must take practical and positive measures
to elevate the status and advance the use of these languages.

(3)
a. The national government and provincial governments may use any particular
official languages for the purposes of government, taking into account
usage, practicality, expense, regional circumstances and the balance
of the needs and preferences of the population as a whole or in the province
concerned; but the national government and each provincial government
must use at least two official languages.
b. Municipalities must take into account the language usage and preferences
of their residents.
(4) The national government and provincial governments, by legislative
and other measures, must regulate and monitor their use of official languages.
Without detracting from the provisions of subsection (2), all official
languages must enjoy parity of esteem and must be treated equitably.
(5) A Pan South African Language Board established by national legislation
must:
a. promote, and create conditions for, the development and use of:
b.i. all official languages;
ii. the Khoi, Nama and San languages; and
iii. sign language ; and
c. promote and ensure respect for:
d. i. all languages commonly used by communities in South Africa, including
German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and
ii. Arabic, Hebrew, Sanskrit and other languages used for religious purposes
in South Africa.

Rights

7. (1) This Bill of Rights is a cornerstone of democracy in South Africa.
It enshrines the rights of all people in our country and affirms the
democratic values of human dignity, equality and freedom.
(2) The state must respect, protect, promote and fulfil the rights in
the Bill of Rights.
(3) The rights in the Bill of Rights are subject to the limitations contained
or referred to in section 36, or elsewhere in the Bill.

8. Application

(1) The Bill of Rights applies to all law, and binds the legislature,
the executive, the judiciary and all organs of state.
(2) A provision of the Bill of Rights binds a natural or a juristic person
if, and to the extent that, it is applicable, taking into account the
nature of the right and the nature of any duty imposed by the right.
(3) When applying a provision of the Bill of Rights to a natural or juristic
person in terms of subsection (2), a court:
a. in order to give effect to a right in the Bill, must apply, or if
necessary develop, the common law to the extent that legislation does
not give effect to that right; and
b. may develop rules of the common law to limit the right, provided that
the limitation is in accordance with section 36(1).
(3) A juristic person is entitled to the rights in the Bill of Rights
to the extent required by the nature of the rights and the nature of
that juristic person.

9. Equality

(1) Everyone is equal before the law and has the right to equal protection
and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and
freedoms. To promote the achievement of equality, legislative and other
measures designed to protect or advance persons, or categories of persons,
disadvantaged by unfair discrimination may be taken.
(3) The state may not unfairly discriminate directly or indirectly against
anyone on one or more grounds, including race, gender, sex, pregnancy,
marital status, ethnic or social origin, colour, sexual orientation,
age, disability, religion, conscience, belief, culture, language and
birth.
(4) No person may unfairly discriminate directly or indirectly against
anyone on one or more grounds in terms of subsection (3). National legislation
must be enacted to prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection
(3) is unfair unless it is established that the discrimination is fair.

10.Human dignity

Everyone has inherent dignity and the right to have their dignity
respected and protected.

11.Life

Everyone has the right to life.

12.Freedom and security of the person

(1) Everyone has the right to freedom and security of the person,
which includes the right:
a. not to be deprived of freedom arbitrarily or without just cause;
b. not to be detained without trial;
c. to be free from all forms of violence from either public or private
sources;
d. not to be tortured in any way; and
e. not to be treated or punished in a cruel, inhuman or degrading way.
(2) Everyone has the right to bodily and psychological integrity, which
includes the right:
a. to make decisions concerning reproduction;
b. to security in and control over their body; and
c. not to be subjected to medical or scientific experiments without their
informed consent.
13.Slavery, servitude and forced labour
No one may be subjected to slavery, servitude or forced labour.

14.Privacy

Everyone has the right to privacy, which includes the right not to
have:
a. their person or home searched;
b. their property searched;
c. their possessions seized; or
d. the privacy of their communications infringed.

15.Freedom of religion, belief and opinion

(1) Everyone has the right to freedom of conscience, religion, thought,
belief and opinion.
(2) Religious observances may be conducted at state or state-aided institutions,
provided that:
a. those observances follow rules made by the appropriate public authorities;
b. they are conducted on an equitable basis; and
c. attendance at them is free and voluntary.
(3)
a. This section does not prevent legislation recognizing:
b.
i. marriages concluded under any tradition, or a system of religious,
personal or family law; or
ii. systems of personal and family law under any tradition, or adhered
to by persons professing a particular religion.
c. Recognition in terms of paragraph (a) must be consistent with this
section and the other provisions of the Constitution.

16.Freedom of expression

(1) Everyone has the right to freedom of expression, which includes:
a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.
(2) The right in subsection (1) does not extend to:
a. propaganda for war;
b. incitement of imminent violence; or
c. advocacy of hatred that is based on race, ethnicity, gender or religion,
and that constitutes incitement to cause harm.

17.Assembly, demonstration, picket and petition

Everyone has the right, peacefully and unarmed, to assemble, to demonstrate,
to picket and to present petitions.

18. Freedom of association

Everyone has the right to freedom of association.

19.Political rights

(1) Every citizen is free to make political choices, which includes
the right:
a. to form a political party;
b. to participate in the activities of, or recruit members for, a political
party; and
c. to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections for
any legislative body established in terms of the Constitution.
(3) Every adult citizen has the right:
a. to vote in elections for any legislative body established in terms
of the Constitution, and to do so in secret; and
b. to stand for public office and, if elected, to hold office.

20.Citizenship

No citizen may be deprived of citizenship.

21.Freedom of movement and residence

(1) Everyone has the right to freedom of movement.
(2) Everyone has the right to leave the Republic.
(3) Every citizen has the right to enter, to remain in and to reside
anywhere in, the Republic.
(4) Every citizen has the right to a passport.

22.Freedom of trade, occupation and profession

Every citizen has the right to choose their trade, occupation or
profession freely. The practice of a trade, occupation or profession
may be regulated by law.

23.Labour relations

(1) Everyone has the right to fair labour practices.
(2) Every worker has the right:
a. to form and join a trade union;
b. to participate in the activities and programmes of a trade union;
and
c. to strike.
(3) Every employer has the right:
a. to form and join an employers' organisation; and
b. to participate in the activities and programmes of an employers' organisation.
(4) Every trade union and every employers' organisation has the right:
a. to determine its own administration, programmes and activities;
b. to organise; and
c. to form and join a federation.
(5) Every trade union, employers' organisation and employer has the right
to engage in collective bargaining. National legislation may be enacted
to regulate collective bargaining. To the extent that the legislation
may limit a right in this Chapter, the limitation must comply with section
36(1).
(6) National legislation may recognise union security arrangements contained
in collective agreements. To the extent that the legislation may limit
a right in this Chapter, the limitation must comply with section 36(1).

24.Environment

Everyone has the right:
a. to an environment that is not harmful to their health or well-being;
and
b. to have the environment protected, for the benefit of present and
future generations, through reasonable legislative and other measures
that:
c.
i. prevent pollution and ecological degradation;
ii. promote conservation; and
iii. secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.

25. Property

(1) No one may be deprived of property except in terms of law of
general application, and no law may permit arbitrary deprivation of
property.
(2) Property may be expropriated only in terms of law of general application:
a. for a public purpose or in the public interest; and
b. subject to compensation, the amount of which and the time and manner
of payment of which have either been agreed to by those affected or decided
or approved by a court.
(3) The amount of the compensation and the time and manner of payment
must be just and equitable, reflecting an equitable balance between the
public interest and the interests of those affected, having regard to
all relevant circumstances, including:
a. the current use of the property;
b. the history of the acquisition and use of the property;
c. the market value of the property;
d. the extent of direct state investment and subsidy in the acquisition
and beneficial capital improvement of the property; and
e. the purpose of the expropriation.
(4) For the purposes of this section:
a. the public interest includes the nation's commitment to land reform,
and to reforms to bring about equitable access to all South Africa's
natural resources; and
b. property is not limited to land.
(5) The state must take reasonable legislative and other measures, within
its available resources, to foster conditions which enable citizens to
gain access to land on an equitable basis.
(6) A person or community whose tenure of land is legally insecure as
a result of past racially discriminatory laws or practices is entitled,
to the extent provided by an Act of Parliament, either to tenure which
is legally secure or to comparable redress.
(7) A person or community dispossessed of property after 19 June 1913
as a result of past racially discriminatory laws or practices is entitled,
to the extent provided by an Act of Parliament, either to restitution
of that property or to equitable redress.
(8) No provision of this section may impede the state from taking legislative
and other measures to achieve land, water and related reform, in order
to redress the results of past racial discrimination, provided that any
departure from the provisions of this section is in accordance with the
provisions of section 36(1).
(9) Parliament must enact the legislation referred to in subsection (6).

26.Housing

(1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within
its available resources, to achieve the progressive realisation of this
right.
(3) No one may be evicted from their home, or have their home demolished,
without an order of court made after considering all the relevant circumstances.
No legislation may permit arbitrary evictions.

27.Health care, food, water and social security

(1) Everyone has the right to have access to
a. health care services, including reproductive health care;
b. sufficient food and water; and
c. social security, including, if they are unable to support themselves
and their dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within
its available resources, to achieve the progressive realisation of each
of these rights.
(3) No one may be refused emergency medical treatment.

28.Children

(1) Every child has the right
a. to a name and a nationality from birth;
b. to family care or parental care, or to appropriate alternative care
when removed from the family environment;
c. to basic nutrition, shelter, basic health care services and social
services;
d. to be protected from maltreatment, neglect, abuse or degradation;
e. to be protected from exploitative labour practices;
f. not to be required or permitted to perform work or provide services
that
g.
i. are inappropriate for a person of that child's age; or
ii. place at risk the child's well-being, education, physical or mental
health or spiritual, moral or social development;
h. not to be detained except as a measure of last resort, in which case,
in addition to the rights a child enjoys under sections 12 and 35, the
child may be detained only for the shortest appropriate period of time,
and has the right to be
i. kept separately from detained persons over the age of 18 years; and
ii. treated in a manner, and kept in conditions, that take account of
the child's age;
i. to have a legal practitioner assigned to the child by the state, and
at state expense, in civil proceedings affecting the child, if substantial
injustice would otherwise result; and
j. not to be used directly in armed conflict, and to be protected in
times of armed conflict.
(2) A child's best interests are of paramount importance in every matter
concerning the child.
(3) In this section "child" means a person under the age of
18 years.

29.Education

(1) Everyone has the right
a. to a basic education, including adult basic education; and
b. to further education, which the state, through reasonable measures,
must make progressively available and accessible.
(2) Everyone has the right to receive education in the official language
or languages of their choice in public educational institutions where
that education is reasonably practicable. In order to ensure the effective
access to, and implementation of, this right, the state must consider
all reasonable educational alternatives, including single medium institutions,
taking into account
a. equity;
b. practicability; and
c. the need to redress the results of past racially discriminatory laws
and practices.
(3) Everyone has the right to establish and maintain, at their own expense,
independent educational institutions that
a. do not discriminate on the basis of race;
b. are registered with the state; and
c. maintain standards that are not inferior to standards at comparable
public educational institutions.
(4) Subsection (3) does not preclude state subsidies for independent
educational institutions.

30.Language and culture

Everyone has the right to use the language and to participate in
the cultural life of their choice, but no one exercising these rights
may do so in a manner inconsistent with any provision of the Bill of
Rights.

31.Cultural, religious and linguistic communities

(1) Persons belonging to a cultural, religious or linguistic community
may not be denied the right, with other members of that community
a. to enjoy their culture, practise their religion and use their language;
and
b. to form, join and maintain cultural, religious and linguistic associations
and other organs of civil society.
(2) The rights in subsection (1) may not be exercised in a manner inconsistent
with any provision of the Bill of Rights.

32.Access to information

(1) Everyone has the right of access to
a. any information held by the state; and
b. any information that is held by another person and that is required
for the exercise or protection of any rights.
(2) National legislation must be enacted to give effect to this right,
and may provide for reasonable measures to alleviate the administrative
and financial burden on the state.

33.Just administrative action

(1) Everyone has the right to administrative action that is lawful,
reasonable and procedurally fair.
(2) Everyone whose rights have been adversely affected by administrative
action has the right to be given written reasons.
(3) National legislation must be enacted to give effect to these rights,
and must
a. provide for the review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
b. impose a duty on the state to give effect to the rights in subsections
(1) and (2); and
c. promote an efficient administration.

34.Access to courts

Everyone has the right to have any dispute that can be resolved by
the application of law decided in a fair public hearing before a court
or, where appropriate, another independent and impartial tribunal or
forum.

35.Arrested, detained and accused persons

(1) Everyone who is arrested for allegedly committing an offence
has the right
a. to remain silent;
b. to be informed promptly
c.
i. of the right to remain silent; and
ii. of the consequences of not remaining silent;
d. not to be compelled to make any confession or admission that could
be used in evidence against that person;
e. to be brought before a court as soon as reasonably possible, but not
later than
f.
i. 48 hours after the arrest; or
ii. the end of the first court day after the expiry of the 48 hours,
if the 48 hours expire outside ordinary court hours or on a day which
is not an ordinary court day;
g. at the first court appearance after being arrested, to be charged
or to be informed of the reason for the detention to continue, or to
be released; and
h. to be released from detention if the interests of justice permit,
subject to reasonable conditions.
(2) Everyone who is detained, including every sentenced prisoner, has
the right
a. to be informed promptly of the reason for being detained;
b. to choose, and to consult with, a legal practitioner, and to be informed
of this right promptly;
c. to have a legal practitioner assigned to the detained person by the
state and at state expense, if substantial injustice would otherwise
result, and to be informed of this right promptly;
d. to challenge the lawfulness of the detention in person before a court
and, if the detention is unlawful, to be released;
e. to conditions of detention that are consistent with human dignity,
including at least exercise and the provision, at state expense, of adequate
accommodation, nutrition, reading material and medical treatment; and
f. to communicate with, and be visited by, that person's
g.
i. spouse or partner;
ii. next of kin;
iii. chosen religious counsellor; and
iv. chosen medical practitioner.
(3) Every accused person has a right to a fair trial, which includes
the right
a. to be informed of the charge with sufficient detail to answer it;
b. to have adequate time and facilities to prepare a defence;
c. to a public trial before an ordinary court;
d. to have their trial begin and conclude without unreasonable delay;
e. to be present when being tried;
f. to choose, and be represented by, a legal practitioner, and to be
informed of this right promptly;
g. to have a legal practitioner assigned to the accused person by the
state and at state expense, if substantial injustice would otherwise
result, and to be informed of this right promptly;
h. to be presumed innocent, to remain silent, and not to testify during
the proceedings;
i. to adduce and challenge evidence;
j. not to be compelled to give self-incriminating evidence;
k. to be tried in a language that the accused person understands or,
if that is not practicable, to have the proceedings interpreted in that
language;
l. not to be convicted for an act or omission that was not an offence
under either national or international law at the time it was committed
or omitted;
m. not to be tried for an offence in respect of an act or omission for
which that person has previously been either acquitted or convicted;
n. to the benefit of the least severe of the prescribed punishments if
the prescribed punishment for the offence has been changed between the
time that the offence was committed and the time of sentencing; and
o. of appeal to, or review by, a higher court.
(4) Whenever this section requires information to be given to a person,
that information must be given in a language that the person understands.
(5) Evidence obtained in a manner that violates any right in the Bill
of Rights must be excluded if the admission of that evidence would render
the trial unfair or otherwise be detrimental to the administration of
justice.

36. Limitation
of rights

(1) The rights in the Bill of Rights may be limited only in terms
of law of general application to the extent that the limitation is
reasonable and justifiable in an open and democratic society based
on human dignity, equality and freedom, taking into account all relevant
factors, including
a. the nature of the right;
b. the importance of the purpose of the limitation;
c. the nature and extent of the limitation;
d. the relation between the limitation and its purpose; and
e. less restrictive means to achieve the purpose.
(2) Except as provided in subsection (1) or in any other provision of
the Constitution, no law may limit any right entrenched in the Bill of
Rights.

37.States of emergency

(1) A state of emergency may be declared only in terms of an Act
of Parliament, and only when
a. the life of the nation is threatened by war, invasion, general insurrection,
disorder, natural disaster or other public emergency; and
b. the declaration is necessary to restore peace and order.
(2) A declaration of a state of emergency, and any legislation enacted
or other action taken in consequence of that declaration, may be effective
only
a. prospectively; and
b. for no more than 21 days from the date of the declaration, unless
the National Assembly resolves to extend the declaration. The Assembly
may extend a declaration of a state of emergency for no more than three
months at a time. The first extension of the state of emergency must
be by a resolution adopted with a supporting vote of a majority of the
members of the Assembly. Any subsequent extension must be by a resolution
adopted with a supporting vote of at least 60 per cent of the members
of the Assembly. A resolution in terms of this paragraph may be adopted
only following a public debate in the Assembly.
(3) Any competent court may decide on the validity of
a. a declaration of a state of emergency;
b. any extension of a declaration of a state of emergency; or
c. any legislation enacted, or other action taken, in consequence of
a declaration of a state of emergency.
(4) Any legislation enacted in consequence of a declaration of a state
of emergency may derogate from the Bill of Rights only to the extent
that
a. the derogation is strictly required by the emergency; and
b. the legislation
c.
i. is consistent with the Republic's obligations under international
law applicable to states of emergency;
ii. conforms to subsection (5); and
iii. is published in the national Government Gazette as soon as reasonably
possible after being enacted.
(5) No Act of Parliament that authorises a declaration of a state of
emergency, and no legislation enacted or other action taken in consequence
of a declaration, may permit or authorise
a. indemnifying the state, or any person, in respect of any unlawful
act;
b. any derogation from this section; or
c. any derogation from a section mentioned in column 1 of the Table of
Non-Derogable Rights, to the extent indicated opposite that section in
column 3 of the Table.

Table of Non-Derogable Rights

(6) Whenever anyone is detained without trial in consequence of a derogation
of rights resulting from a declaration of a state of emergency, the
following conditions must be observed:
a. An adult family member or friend of the detainee must be contacted
as soon as reasonably possible, and informed that the person has been
detained.
b. A notice must be published in the national Government Gazette within
five days of the person being detained, stating the detainee's name
and place of detention and referring to the emergency measure in terms
of
which that person has been detained.
c. The detainee must be allowed to choose, and be visited at any reasonable
time by, a medical practitioner.
d. The detainee must be allowed to choose, and be visited at any reasonable
time by, a legal representative.
e. A court must review the detention as soon as reasonably possible,
but no later than 10 days after the date the person was detained, and
the court must release the detainee unless it is necessary to continue
the detention to restore peace and order.
f. A detainee who is not released in terms of a review under paragraph
(e), or who is not released in terms of a review under this paragraph,
may apply to a court for a further review of the detention at any time
after 10 days have passed since the previous review, and the court
must release the detainee unless it is still necessary to continue
the detention
to restore peace and order.
g. The detainee must be allowed to appear in person before any court
considering the detention, to be represented by a legal practitioner
at those hearings, and to make representations against continued detention.
h. The state must present written reasons to the court to justify the
continued detention of the detainee, and must give a copy of those
reasons to the detainee at least two days before the court reviews
the detention.
(7) If a court releases a detainee, that person may not be detained
again on the same grounds unless the state first shows a court good
cause for
re-detaining that person.
(8) Subsections (6) and (7) do not apply to persons who are not South
African citizens and who are detained in consequence of an international
armed conflict. Instead, the state must comply with the standards binding
on the Republic under international humanitarian law in respect of
the detention of such persons.

38. Enforcement
of rights

Anyone listed in this section has the right to approach a competent
court, alleging that a right in the Bill of Rights has been infringed
or threatened, and the court may grant appropriate relief, including
a declaration of rights. The persons who may approach a court are -
a. anyone acting in their own interest;
b. anyone acting on behalf of another person who cannot act in their
own name;
c. anyone acting as a member of, or in the interest of, a group or class
of persons;
d. anyone acting in the public interest; and
e. an association acting in the interest of its members.

39. Interpretation
of Bill of Rights

(1) When interpreting the Bill of Rights, a court, tribunal or forum
a. must promote the values that underlie an open and democratic society
based on human dignity, equality and freedom;
b. must consider international law; and
c. may consider foreign law.
(2) When interpreting any legislation, and when developing the common
law or customary law, every court, tribunal or forum must promote the
spirit, purport and objects of the Bill of Rights.
(3) The Bill of Rights does not deny the existence of any other rights
or freedoms that are recognised or conferred by common law, customary
law or legislation, to the extent that they are consistent with the Bill.

40.Government of the Republic

(1) In the Republic, government is constituted as national, provincial
and local spheres of government which are distinctive, interdependent
and interrelated.
(2) All spheres of government must observe and adhere to the principles
in this Chapter and must conduct their activities within the parameters
that the Chapter provides.

41. Principles
of co-operative government and intergovernmental relations

(1) All spheres of government and all organs of state within each
sphere must
a. preserve the peace, national unity and the indivisibility of the Republic;
b. secure the well-being of the people of the Republic;
c. provide effective, transparent, accountable and coherent government
for the Republic as a whole;
d. be loyal to the Constitution, the Republic and its people;
e. respect the constitutional status, institutions, powers and functions
of government in the other spheres;
f. not assume any power or function except those conferred on them in
terms of the Constitution;
g. exercise their powers and perform their functions in a manner that
does not encroach on the geographical, functional or institutional integrity
of government in another sphere; and
h. co-operate with one another in mutual trust and good faith by
i.
i. fostering friendly relations;
ii. assisting and supporting one another;
iii. informing one another of, and consulting one another on, matters
of common interest;
iv. co-ordinating their actions and legislation with one another;
v. adhering to agreed procedures; and
vi. avoiding legal proceedings against one another.
(2) An Act of Parliament must
a. establish or provide for structures and institutions to promote and
facilitate intergovernmental relations; and
b. provide for appropriate mechanisms and procedures to facilitate settlement
of intergovernmental disputes.
(3) An organ of state involved in an intergovernmental dispute must make
every reasonable effort to settle the dispute by means of mechanisms
and procedures provided for that purpose, and must exhaust all other
remedies before it approaches a court to resolve the dispute.
(4) If a court is not satisfied that the requirements of subsection (3)
have been met, it may refer a dispute back to the organs of state involved

42.Composition of Parliament

(1) Parliament consists of
a. the National Assembly; and
b. the National Council of Provinces.
(2) The National Assembly and the National Council of Provinces participate
in the legislative process in the manner set out in the Constitution.
(3) The National Assembly is elected to represent the people and to ensure
government by the people under the Constitution. It does this by choosing
the President, by providing a national forum for public consideration
of issues, by passing legislation and by scrutinizing and overseeing
executive action.
(4) The National Council of Provinces represents the provinces to ensure
that provincial interests are taken into account in the national sphere
of government. It does this mainly by participating in the national legislative
process and by providing a national forum for public consideration of
issues affecting the provinces.
(5) The President may summon Parliament to an extraordinary sitting at
any time to conduct special business.
(6) The seat of Parliament is Cape Town, but an Act of Parliament enacted
in accordance with section 76(1) and (5) may determine that the seat
of Parliament is elsewhere.

43.Legislative authority of the Republic

In the Republic, the legislative authority
a. of the national sphere of government is vested in Parliament, as set
out in section 44;
b. of the provincial sphere of government is vested in the provincial
legislatures, as set out in section 104; and
c. of the local sphere of government is vested in the Municipal Councils,
as set out in section 156.

44. National legislative authority

(1) The national legislative authority as vested in Parliament
a. confers on the National Assembly the power
b.
i. to amend the Constitution;
ii. to pass legislation with regard to any matter, including a matter
within a functional area listed in Schedule 4, but excluding, subject
to subsection (2), a matter within a functional area listed in Schedule
5; and
iii. to assign any of its legislative powers, except the power to amend
the Constitution, to any legislative body in another sphere of government;
and
c. (b) confers on the National Council of Provinces the power
d.
i. to participate in amending the Constitution in accordance with section
74;
ii. to pass, in accordance with section 76, legislation with regard to
any matter within a functional area listed in Schedule 4 and any other
matter required by the Constitution to be passed in accordance with section
76; and
iii. to consider, in accordance with section 75, any other legislation
passed by the National Assembly.
(2) Parliament may intervene, by passing legislation in accordance with
section 76(1), with regard to a matter falling within a functional area
listed in Schedule 5, when it is necessary
a. to maintain national security;
b. to maintain economic unity;
c. to maintain essential national standards;
d. to establish minimum standards required for the rendering of services;
or
e. to prevent unreasonable action taken by a province which is prejudicial
to the interests of another province or to the country as a whole.
(3) Legislation with regard to a matter that is reasonably necessary
for, or incidental to, the effective exercise of a power concerning any
matter listed in Schedule 4 is, for all purposes, legislation with regard
to a matter listed in Schedule 4.
(4) When exercising its legislative authority, Parliament is bound only
by the Constitution, and must act in accordance with, and within the
limits of, the Constitution.

45. Joint rules and orders and joint committees

(1) The National Assembly and the National Council of Provinces must
establish a joint rules committee to make rules and orders concerning
the joint business of the Assembly and Council, including rules and
orders
a. to determine procedures to facilitate the legislative process, including
setting a time limit for completing any step in the process;
b. to establish joint committees composed of representatives from both
the Assembly and the Council to consider and report on Bills envisaged
in sections 74 and 75 that are referred to such a committee;
c. to establish a joint committee to review the Constitution at least
annually; and
d. to regulate the business of
e.
i. the joint rules committee;
ii. the Mediation Committee;
iii. the constitutional review committee; and
iv. any joint committees established in terms of paragraph (b).
(2) Cabinet members, members of the National Assembly and delegates to
the National Council of Provinces have the same privileges and immunities
before a joint committee of the Assembly and the Council as they have
before the Assembly or the Council.

46. The National Assembly

Composition and election
(1) The National Assembly consists of no fewer than 350 and no more
than 400 women and men elected as members in terms of an electoral system
that
a. is prescribed by national legislation;
b. is based on the national common voters roll;
c. provides for a minimum voting age of 18 years; and
d. results, in general, in proportional representation.
(2) An Act of Parliament must provide a formula for determining the number
of members of the National Assembly.

47. Membership

(1) Every citizen who is qualified to vote for the National Assembly
is eligible to be a member of the Assembly, except
a. anyone who is appointed by, or is in the service of, the state and
receives remuneration for that appointment or service, other than
b.
i. the President, Deputy President, Ministers and Deputy Ministers;
and
ii. other office-bearers whose functions are compatible with the functions
of a member of the Assembly, and have been declared compatible with those
functions by national legislation;
c. permanent delegates to the National Council of Provinces or members
of a provincial legislature or a Municipal Council;
d. unrehabilitated insolvents;
e. anyone declared to be of unsound mind by a court of the Republic;
or
f. anyone who, after this section took effect, is convicted of an offence
and sentenced to more than 12 months imprisonment without the option
of a fine, either in the Republic, or outside the Republic if the conduct
constituting the offence would have been an offence in the Republic,
but no one may be regarded as having been sentenced until an appeal against
the conviction or sentence has been determined, or until the time for
an appeal has expired. A disqualification under this paragraph ends five
years after the sentence has been completed.
(2) A person who is not eligible to be a member of the National Assembly
in terms of subsection (1)(a) or (b) may be a candidate for the Assembly,
subject to any limits or conditions established by national legislation.
(3) A person loses membership of the National Assembly if that person
a. ceases to be eligible; or
b. is absent from the Assembly without permission in circumstances for
which the rules and orders of the Assembly prescribe loss of membership.
(4) Vacancies in the National Assembly must be filled in terms of national
legislation.

48.Oath or affirmation

Before members of the National Assembly begin to perform their functions
in the Assembly, they must swear or affirm faithfulness to the Republic
and obedience to the Constitution, in accordance with Schedule 2.

49. Duration
of National Assembly

(1) The National Assembly is elected for a term of five years.
(2) If the National Assembly is dissolved in terms of section 50, or
when its term expires, the President, by proclamation, must call and
set dates for an election, which must be held within 90 days of the date
the Assembly was dissolved or its term expired.
(3) If the result of an election of the National Assembly is not declared
within the period established in terms of section 190, or if an election
is set aside by a court, the President, by proclamation, must call and
set dates for another election, which must be held within 90 days of
the expiry of that period or of the date on which the election was set
aside.
(4) The National Assembly remains competent to function from the time
it is dissolved or its term expires, until the day before the first day
of polling for the next Assembly.

50. Dissolution
of National Assembly before expiry of its term

(1) The President must dissolve the National Assembly if
a. the Assembly has adopted a resolution to dissolve with a supporting
vote of a majority of its members; and
b. three years have passed since the Assembly was elected.
(2) The Acting President must dissolve the National Assembly if
a. there is a vacancy in the office of President; and
b. the Assembly fails to elect a new President within 30 days after the
vacancy occurred.

51. Sittings
and recess periods

(1) After an election, the first sitting of the National Assembly
must take place at a time and on a date determined by the President
of the Constitutional Court, but not more than 14 days after the election
result has been declared. The Assembly may determine the time and duration
of its other sittings and its recess periods.
(2) The President may summon the National Assembly to an extraordinary
sitting at any time to conduct special business.
(3) Sittings of the National Assembly are permitted at places other than
the seat of Parliament only on the grounds of public interest, security
or convenience, and if provided for in the rules and orders of the Assembly.

52.Speaker and Deputy Speaker

(1) At the first sitting after its election, or when necessary to
fill a vacancy, the National Assembly must elect a Speaker and a Deputy
Speaker from among its members.
(2) The President of the Constitutional Court must preside over the election
of a Speaker, or designate another judge to do so. The Speaker presides
over the election of a Deputy Speaker.
(3) The procedure set out in Part A of Schedule 3 applies to the election
of the Speaker and the Deputy Speaker.
(4) The National Assembly may remove the Speaker or Deputy Speaker from
office by resolution. A majority of the members of the Assembly must
be present when the resolution is adopted.
(5) In terms of its rules and orders, the National Assembly may elect
from among its members other presiding officers to assist the Speaker
and the Deputy Speaker.

53.Decisions

(1) Except where the Constitution provides otherwise
a. a majority of the members of the National Assembly must be present
before a vote may be taken on a Bill or an amendment to a Bill;
b. at least one third of the members must be present before a vote may
be taken on any other question before the Assembly; and
c. all questions before the Assembly are decided by a majority of the
votes cast.
(2) The member of the National Assembly presiding at a meeting of the
Assembly has no deliberative vote, but
a. must cast a deciding vote when there is an equal number of votes on
each side of a question; and
b. may cast a deliberative vote when a question must be decided with
a supporting vote of at least two thirds of the members of the Assembly.

54. Rights of certain Cabinet members in National Assembly

The President and any member of the Cabinet who is not a member of
the National Assembly may attend, and may speak in, the Assembly, but
may not vote.

55.Powers of National Assembly

(1) In exercising its legislative power, the National Assembly may
a. consider, pass, amend or reject any legislation before the Assembly;
and
b. initiate or prepare legislation, except money Bills.
(2) The National Assembly must provide for mechanisms
a. to ensure that all executive organs of state in the national sphere
of government are accountable to it; and
b. to maintain oversight of
c.
i. the exercise of national executive authority, including the implementation
of legislation; and
ii. any organ of state.

56.Evidence or information before National Assembly

The National Assembly or any of its committees may
a. summon any person to appear before it to give evidence on oath or
affirmation, or to produce documents;
b. require any person or institution to report to it;
c. compel, in terms of national legislation or the rules and orders,
any person or institution to comply with a summons or requirement in
terms of paragraph (a) or (b); and
d. receive petitions, representations or submissions from any interested
persons or institutions.

57. Internal arrangements, proceedings and procedures of National Assembly

(1) The National Assembly may
a. determine and control its internal arrangements, proceedings and procedures;
and
b. make rules and orders concerning its business, with due regard to
representative and participatory democracy, accountability, transparency
and public involvement.
(2) The rules and orders of the National Assembly must provide for
a. the establishment, composition, powers, functions, procedures and
duration of its committees;
b. the participation in the proceedings of the Assembly and its committees
of minority parties represented in the Assembly, in a manner consistent
with democracy;
c. financial and administrative assistance to each party represented
in the Assembly in proportion to its representation, to enable the party
and its leader to perform their functions in the Assembly effectively;
and
d. the recognition of the leader of the largest opposition party in the
Assembly as the Leader of the Opposition.

58. Privilege

(1) Cabinet members and members of the National Assembly
a. have freedom of speech in the Assembly and in its committees, subject
to its rules and orders; and
b. are not liable to civil or criminal proceedings, arrest, imprisonment
or damages for
c.
i. anything that they have said in, produced before or submitted to the
Assembly or any of its committees; or
ii. anything revealed as a result of anything that they have said in,
produced before or submitted to the Assembly or any of its committees.
(2) Other privileges and immunities of the National Assembly, Cabinet
members and members of the Assembly may be prescribed by national legislation.
(3) Salaries, allowances and benefits payable to members of the National
Assembly are a direct charge against the National Revenue Fund.

59.Public access to and involvement in National Assembly

(1) The National Assembly must
a. facilitate public involvement in the legislative and other processes
of the Assembly and its committees; and
b. conduct its business in an open manner, and hold its sittings, and
those of its committees, in public, but reasonable measures may be taken
c.
i. to regulate public access, including access of the media, to the Assembly
and its committees; and
ii. to provide for the searching of any person and,where appropriate,
the refusal of entry to, or the removal of, any person.
(2) The National Assembly may not exclude the public, including the media,
from a sitting of a committee unless it is reasonable and justifiable
to do so in an open and democratic society.

60.National Council of Provinces

Composition of National Council
(1) The National Council of Provinces is composed of a single delegation
from each province consisting of ten delegates.
(2) The ten delegates are
a. four special delegates consisting of-
b.
i. the Premier of the province or, if the Premier is not available, any
member of the provincial legislature designated by the Premier either
generally or for any specific business before the National Council of
Provinces; and
ii. three other special delegates; and
c. six permanent delegates appointed in terms of section 61(2).
(3) The Premier of a province, or if the Premier is not available, a
member of the province's delegation designated by the Premier, heads
the delegation.

61.Allocation of delegates

(1) Parties repre