South Africa Constitution

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Constitution: history: several previous; latest drafted 8 May 1996, approved by the Constitutional Court 4 December 1996, effective 4 February 1997

amendments: proposed by the National Assembly of Parliament; passage of amendments affecting constitutional sections on human rights and freedoms, non-racism and non-sexism, supremacy of the constitution, suffrage, the multi-party system of democratic government, and amendment procedures requires at least 75% majority vote of the Assembly, approval by at least six of the nine provinces represented in the National Council of Provinces, and assent of the president of the republic; passage of amendments affecting the Bill of Rights, and those related to provincial boundaries, powers, and authorities requires at least two-thirds majority vote of the Assembly, approval by at least six of the nine provinces represented in the National Council, and assent of the president; amended many times, last in 2020

Definition: This entry provides information on a country’s constitution and includes two subfields. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. For countries with 1-3 previous constitutions, the years are listed; for those with 4-9 previous, the entry is listed as “several previous,” and for those with 10 or more, the entry is “many previous.” The amendments subfield summarizes the process of amending a country’s constitution – from proposal through passage – and the dates of amendments, which are treated in the same manner as the constitution dates. Where appropriate, summaries are composed from English-language translations of non-English constitutions, which derive from official or non-official translations or machine translators.

The main steps in creating a constitution and amending it usually include the following steps: proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In many countries this process is lengthy. Terms commonly used to describe constitutional changes are “amended,” “revised,” or “reformed.” In countries such as South Korea and Turkmenistan, sources differ as to whether changes are stated as new constitutions or are amendments/revisions to existing ones.

A few countries including Canada, Israel, and the UK have no single constitution document, but have various written and unwritten acts, statutes, common laws, and practices that, when taken together, describe a body of fundamental principles or established precedents as to how their countries are governed. Some special regions (Hong Kong, Macau) and countries (Oman, Saudi Arabia) use the term “basic law” instead of constitution.

A number of self-governing dependencies and territories such as the Cayman Islands, Bermuda, and Gibraltar (UK), Greenland and Faroe Islands (Denmark), Aruba, Curacao, and Sint Maarten (Netherlands), and Puerto Rico and the Virgin Islands (US) have their own constitutions.

Source: CIA World Factbook - This page was last updated on Saturday, September 18, 2021

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