Constitution of South Africa in the context of "Negotiations to end apartheid in South Africa"

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⭐ Core Definition: Constitution of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date.

Since 1997, the Constitution has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since the passage of the Citation of Constitutional Laws Act, neither it nor the acts amending it are allocated act numbers.

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👉 Constitution of South Africa in the context of Negotiations to end apartheid in South Africa

The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution of 1996; and in South Africa's first non-racial elections in 1994, won by the African National Congress (ANC) liberation movement.

Although there had been gestures towards negotiations in the 1970s and 1980s, the process accelerated in 1990, when the government of F. W. de Klerk took a number of unilateral steps towards reform, including releasing Nelson Mandela from prison and unbanning the ANC and other political organisations. In 1990–91, bilateral "talks about talks" between the ANC and the government established the pre-conditions for substantive negotiations, codified in the Groote Schuur Minute and Pretoria Minute. The first multi-party agreement on the desirability of a negotiated settlement was the 1991 National Peace Accord, consolidated later that year by the establishment of the multi-party Convention for a Democratic South Africa (CODESA). However, the second plenary session of CODESA, in May 1992, encountered stubborn deadlock over questions of regional autonomy, political and cultural self-determination, and the constitution-making process itself.

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Constitution of South Africa in the context of Personal security

Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.

In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as habeas corpus. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights.

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Constitution of South Africa in the context of Provinces of South Africa

South Africa is divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, known as Bantustans, were reintegrated into the country, and the four provinces were increased to nine. The borders of Natal and the Orange Free State were retained, while the Cape Province and Transvaal were divided into three provinces each, plus North West Province which straddles the border of and contains territory from both these two former provinces. The twelfth, thirteenth and sixteenth amendments to the Constitution of South Africa changed the borders of seven of the provinces.

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Constitution of South Africa in the context of Parliament of South Africa

The Parliament of the Republic of South Africa is South Africa's legislature. It is located in Cape Town; the country's legislative capital.

Under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-eighth Parliament was first convened on 14 June 2024.

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Constitution of South Africa in the context of Constitution of Bhutan

The Constitution of the Kingdom of Bhutan (Dzongkha: འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་; Wylie: 'Druk-gi tsa-thrims-chen-mo) was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.

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Constitution of South Africa in the context of Metropolitan municipality (South Africa)

In South Africa, a metropolitan municipality or Category A municipality is a municipality which executes all the functions of local government for a city or conurbation. This is by contrast to areas which are primarily rural, where the local government is divided into district municipalities and local municipalities.

The Constitution, section 155.1.a, defines "Category A" municipalities. In the Municipal Structures Act it is laid out that this type of local government is to be used for conurbations, "centre[s] of economic activity", areas "for which integrated development planning is desirable", and areas with "strong interdependent social and economic linkages".

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Constitution of South Africa in the context of Anglo-Dutch law

South Africa has a 'hybrid' or 'mixed' legal system, 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 there are many variations depending on the tribal origin). Under the post-apartheid democratic system, the country operates a system of constitutional supremacy, by which all ordinary sources of law are subordinate to the Constitution of South Africa.

The various influences on South African law have a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.

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Constitution of South Africa in the context of Constitutional Court of South Africa

The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.

The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.

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Constitution of South Africa in the context of Languages of South Africa

At least thirty-five languages are spoken in South Africa, twelve of which are official languages of South Africa: Ndebele, Pedi, Sotho, South African Sign Language, Swazi, Tsonga, Tswana, Venda, Afrikaans, Xhosa, Zulu, and English, which is the primary language used in parliamentary and state discourse, though all official languages are equal in legal status. In addition, South African Sign Language was recognised as the twelfth official language of South Africa by the National Assembly on 3 May 2023. Unofficial languages are protected under the Constitution of South Africa, though few are mentioned by any name.

Unofficial and marginalised languages include what are considered some of Southern Africa's oldest languages: Khoekhoegowab, !Orakobab, Xirikobab, N|uuki, ǃXunthali, and Khwedam; and other African languages, such as SiPhuthi, IsiHlubi, SiBhaca, SiLala, SiNhlangwini (IsiZansi), SiNrebele (SiSumayela), IsiMpondo, IsiMpondomise/IsiMpondomse, KheLobedu, SePulana, HiPai, SeKutswe, SeṰokwa, SeHananwa, SiThonga, SiLaNgomane, SheKgalagari, XiRhonga, SeKopa (Sekgaga), and others. Most South Africans can speak more than one language, and there is very often a diglossia between the official and unofficial language forms for speakers of the latter.

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