The adoption of the South African Constitution on 8 May 1996 was one of the turning points in the history of the struggle for democracy in this country. The Constitution is considered by many as one of the most advanced in the world, with a Bill of Rights second to none. South Africa's Constitution was drafted by an all-inclusive constitutive assembly, which had representatives from all the major political parties and liberation organisations. The constitutional assembly sat between May 1994 and October 1996 drafting and completing the new constitution. The new Constitution was the embodiment of the vision of generations of anti-apartheid freedom fighters and democrats who had fought for the principle that South African belonged to all, for non racialism and for human rights.

The guiding principles of the new constitution were first articulated in the ANC's African Claims document of 1943, the Non-European Unity Movements 10 point program of 1943, and the 1955 Congress Alliance Freedom Charter. The Constitution is the supreme law of the land, against which all other laws are judged. The constitution made provision for the establishment of a constitutional court which is the final arbitrator of the interoperation of the constitution. The constitutions make provisions for the way the country is governed, The establishment of parliament, the election of the president, the creation and government of provinces and local authorities.

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