UNIVERSITY OF PENNSYLVANIA - AFRICAN STUDIES CENTER
Constitution of the Republic of South Africa (Ch. 17)

Constitution of the Republic of South Africa (Ch. 17)

OATHS OF OFFICE AND SOLEMN AFFIRMATIONS

Oath of office or solemn affirmation of President and Acting President

In the presence of those assembled here and in full realisation of the high calling I assume as President/Acting President in the service of the Republic of South Africa I, A.B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa, and do solemnly and sincerely promise at all times to promote that which will advance and to oppose all that may harm the Republic; to obey, observe, uphold and maintain the Constitution and all other Law of the Republic; to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; to do justice to all; and to devote myself to the well-being of the Republic and all its people.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of Executive Deputy Presidents

In the presence of those assembled here and in full realisation of the high calling I assume as Executive Deputy President in the service of South Africa I, A.B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa, and do solemnly and sincerely promise at all times to promote that which will advance and to oppose all that may harm the Republic; to obey, observe, uphold and maintain the Constitution and all other Law of the Republic; to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; to do justice to all; and to devote myself to the well-being of the Republic and all its people.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of Ministers and Deputy Ministers

I, A.B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office as Minister/Deputy Minister with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic of South Africa; to be a true and faithful counsellor; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of Premiers and members of Executive Councils

I, A.B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office as Premier/Member of the Executive Council of my province with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic of South Africa; to be a true and faithful counsellor; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of members of National Assembly, Senate or provincial legislature

I, A.B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and solemnly promise to perform my functions as a member of the National Assembly/Senate/provincial legislature to the best of my ability.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of Judges

I, A.B., do hereby swear/solemnly affirm that I will in my capacity as Judge of the Supreme Court/Constitutional Court of the Republic of South Africa uphold and protect the Constitution of the Republic and the fundamental rights entrenched therein and in so doing administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the Law of the Republic.

(In the case of an oath: So help me God.)

Oath of office or solemn affirmation of Attorneys-General

I, A.B., do hereby swear/solemnly affirm that I will in my capacity as Attorney-General uphold and protect the Constitution of the Republic of South Africa and the fundamental rights entrenched therein and in so doing enforce the Law of the Republic without fear, favour or prejudice, in accordance with the Constitution and the Law of the Republic.

(In the case of an oath: So help me God.)

Schedule 4

CONSTITUTIONAL PRINCIPLES

I

The Constitution of South Africa shall provide for the establishment of one sovereign state, a common South African citizenship and a democratic system of government committed to achieving equality between men and women and people of all races.

II

Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution, which shall be drafted after having given due consideration to inter alia the fundamental rights contained in Chapter 3 of this Constitution.

III

The Constitution shall prohibit racial, gender and all other forms of discrimination and shall promote racial and gender equality and national unity.

IV

The Constitution shall be the supreme law of the land. It shall be binding on all organs of state at all levels of government.

V

The legal system shall ensure the equality of all before the law and an equitable legal process. Equality before the law includes laws, programmes or activities that have as their object the amelioration of the conditions of the disadvantaged, including those disadvantaged on the grounds of race, colour or gender.

VI

There shall be a separation of powers between the legislature, executive and judiciary, with appropriate checks and balances to ensure accountability, responsiveness and openness.

VII

The judiciary shall be appropriately qualified, independent and impartial and shall have the power and jurisdiction to safeguard and enforce the Constitution and all fundamental rights.

VIII

There shall be representative government embracing multi- party democracy, regular elections, universal adult suffrage, a common voters' roll, and, in general, proportional representation.

IX

Provision shall be made for freedom of information so that there can be open and accountable administration at all levels of government.

X

Formal legislative procedures shall be adhered to by legislative organs at all levels of government.

XI

The diversity of language and culture shall be acknowledged and protected, and conditions for their promotion shall be encouraged.

XII

Collective rights of self-determination in forming, joining and maintaining organs of civil society, including linguistic, cultural and religious associations, shall, on the basis of non-discrimination and free association, be recognised and protected.

XIII

The institution, status and role of traditional leadership, according to indigenous law, shall be recognised and protected in the Constitution. Indigenous law, like common law, shall be recognised and applied by the courts, subject to the fundamental rights contained in the Constitution and to legislation dealing specifically therewith.

XIV

Provision shall be made for participation of minority political parties in the legislative process in a manner consistent with democracy.

XV

Amendments to the Constitution shall require special procedures involving special majorities.

XVI

Government shall be structured at national, provincial and local levels.

XVII

At each level of government there shall be democratic representation. This principle shall not derogate from the provisions of Principle XIII.

XVIII

The powers, boundaries and functions of the national government and provincial governments shall be defined in the Constitution. Amendments to the Constitution which alter the powers, boundaries, functions or institutions of provinces shall in addition to any other procedures specified in the Constitution for constitutional amendments, require the approval of a special majority of the legislatures of the provinces, alternatively, if there is such a chamber, a two-thirds majority of a chamber of Parliament composed of provincial representatives, and if the amendment concerns specific provinces only, the approval of the legislatures of such provinces will also be needed. Provision shall be made for obtaining the views of a provincial legislature concerning all constitutional amendments regarding its powers, boundaries and functions.

XIX

The powers and functions at the national and provincial levels of government shall include exclusive and concurrent powers as well as the power to perform functions for other levels of government on an agency or delegation basis.

XX

Each level of government shall have appropriate and adequate legislative and executive powers and functions that will enable each level to function effectively. The allocation of powers between different levels of government shall be made on a basis which is conducive to financial viability at each level of government and to effective public administration, and which recognises the need for and promotes national unity and legitimate provincial autonomy and acknowledges cultural diversity.

XXI

The following criteria shall be applied in the allocation of powers to the national government and the provincial governments:

1. The level at which decisions can be taken most effectively in respect of the quality and rendering of services, shall be the level responsible and accountable for the quality and the rendering of the services, and such level shall accordingly be empowered by the Constitution to do so.

2. Where it is necessary for the maintenance of essential national standards, for the establishment of minimum standards required for the rendering of services, the maintenance of economic unity, the maintenance of national security or the prevention of unreasonable action taken by one province which is prejudicial to the interests of another province or the country as a whole, the Constitution shall empower the national government to intervene through legislation or such other steps as may be defined in the Constitution.

3. Where there is necessity for South Africa to speak with one voice, or to act as a single entity- in particular in relation to other states- powers should be allocated to the national government.

4. Where uniformity across the nation is required for a particular function, the legislative power over that function should be allocated predominantly, if not wholly, to the national government.

5. The determination of national economic policies, and the power to promote interprovincial commerce and to protect the common market in respect of the mobility of goods, services, capital and labour, should be allocated to the national government.

6. Provincial governments shall have powers, either exclusively or concurrently with the national government, inter alia-

(a) for the purposes of provincial planning and development and the rendering of services; and

(b) in respect of aspects of government dealing with specific socio-economic and cultural needs and the general well-being of the inhabitants of the province.

7. Where mutual co-operation is essential or desirable or where it is required to guarantee equality of opportunity or access to a government service, the powers should be allocated concur rently to the national government and the provincial governments.

8. The Constitution shall specify how powers which are not specifically allocated in the Constitution to the national government or to a provincial government, shall be dealt with as necessary ancillary powers pertaining to the powers and functions allocated either to the national government or provincial governments.

XXII

The national government shall not exercise its powers (exclusive or concurrent) so as to encroach upon the geographical, functional or institutional integrity of the provinces.

XXIII

In the event of a dispute concerning the legislative powers allocated by the Constitution concurrently to the national government and provincial governments which cannot be resolved by a court on a construction of the Constitution, precedence shall be given to the legislative powers of the national government.

XXIV

A framework for local government powers, functions and structures shall be set out in the Constitution. The comprehensive powers, functions and other features of local government shall be set out in parliamentary statutes or in provincial legislation or in both.

XXV

The national government and provincial governments shall have fiscal powers and functions which will be defined in the Constitution. The framework for local government referred to in Principle XXIV shall make provision for appropriate fiscal powers and functions for different categories of local government.

XXVI

Each level of government shall have a constitutional right to an equitable share of revenue collected nationally so as to ensure that provinces and local governments are able to provide basic services and execute the functions allocated to them.

XXVII

A Financial and Fiscal Commission, in which each province shall be represented, shall recommend equitable fiscal and financial allocations to the provincial and local governments from revenue collected nationally, after taking into account the national interest, economic disparities between the provinces as well as the population and developmental needs, administrative responsibilities and other legitimate interests of each of the provinces.

XXVIII

Notwithstanding the provisions of Principle XII, the right of employers and employees to join and form employer organisations and trade unions and to engage in collective bargaining shall be recognised and protected. Provision shall be made that every person shall have the right to fair labour practices.

XXIX

The independence and impartiality of a Public Service Commission, a Reserve Bank, an Auditor-General and a Public Protector shall be provided for and safeguarded by the Constitution in the interests of the maintenance of effective public finance and administration and a high standard of professional ethics in the public service.

XXX

1. There shall be an efficient, non-partisan, ca-

reer-orientated public service broadly representative of the South African community, functioning on a basis of fairness and which shall serve all members or the public in an unbiased and impartial manner, and shall, in the exercise of its powers and in compliance with its duties, loyally execute the lawful policies of the government of the day in the performance of its administrative functions. The structures and functioning of the public service, as well as the terms and conditions of service of its members, shall be regulated by law.

2. Every member of the public service shall be entitled to a fair pension.

XXXI

Every member of the security forces (police, military and intelligence), and the security forces as a whole, shall be required to perform their functions and exercise their powers in the national interest and shall be prohibited from furthering or prejudicing party political interest.

XXXII

The Constitution shall provide that until 30 April 1999 the national executive shall be composed and shall function substantially in the manner provided for in Chapter 6 of this Constitution.

XXXIII

The Constitution shall provide that, unless Parliament is dissolved on account of its passing a vote of no-confidence in the Cabinet, no national election shall be held before 30 April 1999.

Schedule 5

PROCEDURE FOR ELECTION OF PRESIDENT

1. Nominations of candidates for election as President shall be called for by the Chief Justice or the other judge presiding at the meeting at which the President is to be elected.

2. Every nomination shall be submitted on the form prescribed by the Chief Justice and shall be signed by two members of Parliament and also by the person nominated, unless the person nominated has in writing signified his or her willingness to accept the nomination.

3. The names of the persons duly nominated as provided for in item 2 shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.

4. If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

5. Where more than one candidate is nominated, a vote shall be taken by secret ballot, each person present and entitled to vote having one vote, and any candidate in whose favour the majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

6. (a) If no candidate obtains a majority of all the votes so cast, the candidate who has received the smallest number of votes shall be eliminated and a further ballot shall be taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the meeting shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purpose of paragraph (a) be eliminated.

7. Whenever-

(a) only two candidates have been nominated; or

(b) after the elimination of one or more candidates in accordance with this Schedule, only two candidates remain,

and there is an equality of votes between those two candidates, the person presiding at the meeting shall at the time the result of the election is announced, fix the time at and date on which a further meeting will be held, being a date not more than seven days thereafter.

8. At the further meeting referred to in item 7, the provisions of this Schedule shall apply as if such further meeting were the first meeting called for the purpose of the election in question.

9. (1) The Chief Justice shall make rules in regard to the procedure to be observed at a meeting at which the President is to be elected, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.

(2) Any such rules shall be made known in such manner as the Chief Justice may consider necessary.

Schedule 6

LEGISLATIVE COMPETENCES OF PROVINCES

Agriculture

Casinos, racing, gambling and wagering

Cultural affairs

Education at all levels, excluding university and technikon education

Environment

Health services

Housing

Language policy and the regulation of the use of official languages within a province, subject to section 3.

Local government, subject to the provisions of Chapter 10

Nature conservation, excluding national parks, national botanical gardens and marine resources

Police, subject to the provisions of Chapter 14

Provincial public media

Public transport

Regional planning and development

Road traffic regulation

Roads

Tourism

Trade and industrial promotion

Traditional authorities

Urban and rural development

Welfare services

Schedule 7

Number and year Title Extent of of law repeal

Act 46 of 1959 Representation between the Republic The whole of South Africa and Self-governing Territories Act, 1959

Act 32 of 1961 Provincial Government Act, 1961 The whole

Act 22 of 1963 Provincial Councils and Executive The whole Committees Act, 1963

Act 48 of 1963 Transkei Constitution Act, 1963 The whole

Act 101 of 1967 Transkei Constitution Amendment Act, The whole 1967

Act 36 of 1968 Transkei Constitution Amendment Act, The whole 1968

Act 26 of 1969 South Africa Act Amendment Act, 1969 The whole

Act 26 of 1970 National States Citizenship Act, The whole 1970

Act 21 of 1971 Self-governing Territories The whole Constitution Act, 1971

Act 31 of 1971 Transkei Constitution Amendment Act, The whole 1971

Act 61 of 1975 Transkei Constitution Amendment Act, The whole 1975

Act 3 of 1976 Transkei Constitution Amendment Act, The whole 1976

Act 65 of 1976 Financial Relations Act, 1976 The whole, except sections 27 and 28

Act 100 of 1976 Status of Transkei Act, 1976 The whole

Act 30 of 1977 Constitution Amendment Act, 1977 The whole

Act 31 of 1977 Financial Relations Amendment Act, The whole 1977

Act 89 of 1977 Status of Bophuthatswana Act, 1977 The whole

Act 8 of 1978 Bophuthatswana Border Extension Act, The whole 1978

Act 13 of 1978 National States Citizenship Amendment The whole Act, 1978

Act 36 of 1978 Alteration of Provincial Boundaries The whole Act, 1978

Act 107 of 1979 Status of Venda Act, 1979 The whole

Act 2 of 1980 Borders of Particular States The whole Extension Act, 1980

Act 70 of 1980 Republic of South Africa Constitution The whole Amendment Act, 1980

Act 101 of 1980 Republic of South Africa Constitution The whole Fifth Amendment Act, 1980

Act 77 of 1981 Borders of Particular States The whole Extension Amendment Act, 1981

Act 101 of 1981 Republic of South Africa Constitution The whole Second Amendment Act, 1981

Act 102 of 1981 Financial Relations Amendment Act, The whole 1981

Act 110 of 1981 Status of Ciskei Act, 1981 The whole

Act 34 of 1982 Financial Relations Amendment Act, The whole 1982

Act 25 of 1983 Borders of Particular States The whole Extension Amendment Act, 1983

Act 88 of 1983 Provincial Affairs Act, 1983 The whole, except section 5

Act 109 of 1983 Borders of Particular States The whole Extension Second Amendment Act, 1983

Act 110 of 1983 Republic of South Africa Constitution The whole Act, 1983

Act 105 of 1984 Constitution Amendment Act, 1984 The whole, except sections 12, 13 and 14

Act 114 of 1984 Financial Relations Amendment Act, The whole 1984

Act 3 of 1985 Financial Relations Amendment Act, The whole 1985

Act 26 of 1985 Alteration of Provincial Boundaries The whole Act, 1985

Act 104 of 1985 Constitutional Affairs Amendment Act, The whole 1985

Act 69 of 1986 Provincial Government Act, 1986 The whole, except section 20

Act 80 of 1986 Joint Executive Authority for KwaZulu The whole and Natal Act, 1986

Act 112 of 1986 Borders of Particular States The whole Extension Amendment Act, 1986

Act 20 of 1987 Constitution Amendment Act, 1987 The whole

Act 32 of 1987 Constitutional Laws Amendment Act, Sections 1987 18, 19, 20, 31 and 32

Act 43 of 1988 Constitutional Laws Amendment Act, Sections 1988 10, 11, 12 and 13

Act 50 of 1988 Constitution Amendment Act, 1988 The whole

Act 59 of 1988 Borders of Particular States The whole Extension Act, 1988

Act 85 of 1988 National States Constitution The whole Amendment Act, 1988

Act 86 of 1988 Promotion of Constitutional The whole Development Act, 1988

Act 101 of 1988 Constitution Third Amendment Act, The whole 1988

Act 42 of 1989 Incorporation of Certain Land in the The whole Republic of South Africa Act, 1989

Act 71 of 1989 Constitution Fourth Amendment Act, The whole 1989

Act 61 of 1990 Constitution Amendment Act, 1990 The whole

Act 111 of 1990 National States Constitution The whole Amendment Act, 1990

Act 59 of 1991 Provincial Matters Amendment Act, The whole 1991

Act 62 of 1991 Financial Relations Amendment Act, The whole 1991

Act 74 of 1991 Joint Executive Authority for The whole KwaZulu and Natal Amendment Act, 1991

Act 146 of 1992 Constitution Second Amendment Act, The whole 1992

Act 149 of 1992 Constitution Amendment Act, 1992 The whole

Act 82 of 1993 Constitution Amendment Act, 1993 The whole


Editor: Ali B. Ali-Dinar
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