South African Constitution Act 108 Of 1996 Pdf

It can also give advice about how much money should go to provincial and local governments. The Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority.

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The nature and functions of different sectors, administrations or institutions of public administration are relevant factors to be taken into account in legislation regulating public administration. National legislation may regulate the implementation of this section, including the processes established by this section. The government must pass laws that will prevent or stop unfair discrimination. The Constitution says the courts are independent. The Constitutional Court has said that the death penalty goes against a person's right to life.

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. The person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting. All reports must be made public. The government must pass laws and have policies that provide welfare assistance for the people who need it the most. Nothing in this section precludes the sharing of revenue raised in terms of this section between municipalities that have fiscal power and functions in the same area.

Summary of the Constitution of South Africa no. of - ESST

During a state of emergency the Bill of Rights is usually affected. Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice.

The term of a Municipal Council may be no more than five years, as determined by national legislation. The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. The practice of a trade, occupation or profession may be regulated by law. 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. Cabinet members, Deputy Ministers and members of the National Assembly -.

It protects people from things done to them by other people. The government must take reasonable steps within its available resources to provide people with housing and access to land. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. If the Constitutional Court is not satisfied with the bill, it will be sent back to Parliament. Members of the Executive Council of a province are accountable collectively and individually to the legislature for the exercise of their powers and the performance of their functions.

South african constitution act 108 of 1996 pdf

Summary of the Constitution of South Africa no. 108 of 1996

This Bill of Rights is a cornerstone of democracy in South Africa. The South African Human Rights Commission has the additional powers and functions prescribed by national legislation. Any person to be appointed to the Constitutional Court must also be a South African citizen. The primary object of the South African Reserve Bank is to protect the value of the currency in the interest of balanced and sustainable economic growth in the Republic. In order to deepen the culture of democracy established by the Constitution, cara ubah ukuran file pdf Parliament may adopt Charters of Rights consistent with the provisions of the Constitution.

Any court can hear a case about the Constitution, including cases about abuses of rights. The President has the powers entrusted by the Constitution and legislation, including those necessary to perform the functions of Head of State and head of the national executive.

The Premier of a province has the powers and functions entrusted to that office by the Constitution and any legislation. Under the Act all decisions of every administration at every level of government will have to comply with the rules that are in the Act. The Deputy President and the ministers are all accountable to the President and to Parliament.

In this way we can make sure that all the different needs of the people of the country are shown in the laws. The prohibition against unfair discrimination is divided into sectors. Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.

This is made up of a provincial legislature and a provincial executive. This protects people against unlawful, unjust and unreasonable decisions from government officials or departments. The Bill of Rights applies to all laws.

Proclamations, regulations and other instruments of subordinate legislation of a province must be accessible to the public. The detainee must be allowed to choose, and be visited at any reasonable time by, a legal representative. An example of this is people who live on farms as labour tenants. Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.

At the first sitting after its election, or when necessary to fill a vacancy, a provincial legislature must elect a Speaker and a Deputy Speaker from among its members. Everyone has the right to practise the religion they choose. In the event of an inconsistency between different texts of the Constitution, the English text prevails. For example, a customary law that goes against the Bill of Rights will not be acceptable in a court.

South african constitution act 108 of 1996 pdf

The Constitution sets up a National Revenue Fund. No one can have their property taken away from them unless this is done according to a law e. Each edging is one fifteenth as wide as the flag.

This means it applies to matters between ordinary people or businesses, but only if this makes sense. This money goes into the National Revenue Fund. Employees are entitled to a fair pension as regulated by national legislation. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation. 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.

South african constitution act 108 of 1996 pdf

Parliament can either change the bill or let it fall away. 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. National legislation may be enacted to regulate collective bargaining. National security is controlled by parliament and the national executive.

South african constitution act 108 of 1996 pdf

Constitution of the Republic of South Africa No. of - G

If the Council passes an amended Bill, the amended Bill must be referred to the Assembly, and if the Assembly passes the amended Bill, it must be submitted to the President for assent. Amendments to sections of the previous Constitution. It must be followed by these government bodies at all levels, in other words, National, Provincial and Local government level.