People of SA want to build sovereign, democratic nation

Preamble

We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity.

We, therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to-

• Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

• Lay the foundations for a democratic and open society in which the government is based on the will of the people and everyc itizen is equally protected by law;

• Improve the quality of life of all citizens and free the potential of each person; and

• Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. May God protect our people.

Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.

God seen Suid-Afrika. God bless South Africa.

Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.

Chapter 1

Founding provisions

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

(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.

2. Supremacy of Constitution.-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 alld the balance of the needs and preferences of the population s a whole or in thc provirce concerned; but the national government a ~ sdac h provincial government must use at least iwo 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-

(i) all official languages;

(ii) the Khoi, Nama and San languages; and

(iii) sign language; and

(b) promote and ensure respect for-

(i) all languages commonly used by communities in South Africa, including

(ii) Arabic, Hebrew, Sanskrit and other languages used for religious purposes German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and in South Africa.

Chapter 2

Bill of Rights

7. Rights.-(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.-(l) The Bill of Rights applies to all law, and binds the legislature, the executive, th e .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 ther ight.

(3) When applying a provision of the Bill of Rights to a natural or juristic person

(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). terms of subsection (2), a court-

(4) A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of theri ghts and the natureof that juristic person.

9. Epuality.- (l) 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.

To be continued next week