s5(i) Repeal

Amend to delete power o f chiefs and headmen to use force to disperse gatherings.

S (J) Amend

Amend to delete power o f chiefs and headmen to prohibit gatherings and to use force to disperse gatherings.

s^(l) Amend

Amend to prevent instructions and orders relating to attendance and participation at political events.

Qwa Qwa Civil Defence Act12 o f 1983 Amend

Amend so as to restrict use o f Act to natural and man-made disasters and upheavals; and to prevent extra-ordinary powers o f search and seizure to designated persons being used in security emergencies.

Qwa Qwa Education Act4 o f 1976, s21(e), (s), (t)(u) Repeal

Repeal misconduct provisions which prohibit public criticism and debate by teachers; and which prohibit membership or active participation in any political organisation.

Regulations ito Act 7 o f 1987, 1/9/88Reg 15 Amend

Amend provision to contain extent o f prohibition on political activity to school hours.

Qwa Qwa Public Service Act5 o f 1973, s 18(f), (g), (h) Repeal

Repeal misconduct provisions which prohibit public criticism and debate by teachers; and which prohibit membership or active participation in any political organisation.

Proclamation No. R. 195, 1981,Regulations for the Administrationof Qwa Qwa Repeal

d oDOCS REPEALED LAW

17 November 1993

These regulations provide for, inter alia, 90 days detention without trial; the prohibition and restrictions on meetings; ouster clauses on legal intervention; various offences repugnant to freedoms of expression and association.

17. Qwa Qwa Education Act7 o f 1987, s20 Repeal

Repeal misconduct provision in respect o f unmarried teachers falling pregnant.

OUTSTANDING M ATTERS

(1) The Task Group has to proceed with the drafting of the necessary legislation to repeal or amend the above, with assistance from the state law advisors and guidance from the Negotiating Council or its successor, or oversee the drafting o f all required legislation by the South African government, the TBVC states and self-governing territories.

(2) As to the above-mentioned guidelines or principles relating to restrictions on the political activities o f civil servants, the Negotiating Council should determine what is to be done to give effect to these principles, after approval o f the constitutional principles dealing with the public service by the Negotiating Council.

(3) A law or laws for the amendment or repeal o f all statutes dealing with gatherings and demonstrations should be drafted, since the Negotiating Council has not had the opportunity to see the "Goldstone Bill", referred to in the Task G roup’s reports.

(4) The Task Group should deal with medium and long term issues and report back to the Negotiating Council or its successor on (a) legislation in South Africa and the TBVC territories, which may resemble the aspects dealt with under the self-governing territories (mentioned above), which have not been dealt with, (b) discriminatory legislation which should be identified and legislation drafted, with the input of members o f the Negotiating Council, and (c) research and proposals regarding the entire area o f security legislation.

(5) In terms o f a decision of the Negotiating Council the South African Government should be directed to present to Parliament during the November 1993 session legislation empowering the State President to repeal, amend, supplement or alter discriminatory legislation or legislations inhibiting free political activity by proclamation. The wording o f the empowering clause should be the same as that previously approved by the Negotiating Council in respect o f self-governing territories.

DOCS/REPEALED. LAW 17 November 1993

frtbEHb U N N

COMPOSITE LIST OF CONTRIBUTORSTO THE

MULTI-PARTY NEGOTIATING PROCESS

Composite list of contributors to the Multi-Party Np^ntintino Process - update as at 16 Novem ber 1993

NEGOTIATING COUNCIL

1. A FR IC A N N A TIO N A L C O N G R ESS

C Ramaphosa B Kgositsile M Manzini MV Moosa P Molefe D Omar P Maduna N Morrison M Ramos N Mokonyane H Cheadle T Botha Z Skeweyiya W Serote

2. A FR IK A N E R -V O LK SU N IE

C Kruger S Burger AJ Horn 1 JM Roos G Kruger

3. BO PH U TH A TSW A N A G O V E R N M E N T

R Cronje R Mangope BE Keikelame JJ Ferreira SG Mothibe

CAPE TRADITIO NAL LEADERS

M Nonkonyana SN Sigcau GD Gwadiso DM Jongilanga

CISKEI GO VERNM ENT

M Webb VT Gquiba TM Bulube IJ Smuts

DEMOCRATIC PARTY

CW Eglin K Andrew M Finnemore H Bester D Smuts AJ Leon D Gibson

DIKW ANKW ETLA PARTY

TJ Mohapi K Ngwenya JSS Phatang SOM Moji

INKATHA FREEDOM PARTY

FT Mdlalose FX Gasa VJ Matthews WS Felgate

INTAN DO YESIZW E PARTY

NJ Mahlangu NS Mtsweni AP Laka Q Vilankulu

10. KONSERVATIEW E PAJRTY

T Langley CP M ulder SC Jacobs

11. INY ANDZA NATIONAL M OVEM ENT

SS Ripinga ND Mokoena KK Mahlaba GG Zama

12. KW AZULU GOVERNM ENT

BS Ngubane H Ngubane SH Gumede DRB Madide

13. LABOUR PARTY

L Landers L Joseph F Richards C August D Lockey

14. NATAL/TRANSVAAL INDIAN CONGRESS

PJ Gordhan R Adam C Saloojee K Mayet B Pillay F Chohan

15. NATIONAL PARTY

D De Villiers T King SJ Schoeman L Wessels

16. N A T IO N A L P E O P L E S PA RTY

A Rajbansi VA Rajbansi M Naranjee BP Jaglal

17. O R A N G E FR E E STA TE T R A D IT IO N A L LEA D ERS

MB Mota M Moroke MA Molefe BS Rajuili

18. PAN A FR IC A N IST C O N G R E SS O F AZANIA

B Alexander P De Lille B Desai ER Sibeko

19. S O L ID A R IT Y PA RTY

DS Rajah K Padayachee T Palan N Singh

20. SO U T H A FR IC A N C O M M U N IST PA R TY

J Slovo L Jacobus E PahadS Shilowa

21. SO U T H A FR IC A N G O V ER N M EN T

RP Meyer LR Brink TJ Kruger T Delport

22. TRANSKEI GO VERNM ENT

Z Titus N Jajula R Nogumla

23. TRANSVAAL TRADITIONAL LEADERS

LM Mokoena MA Netshimbupfe MF Mgomezulu NE Ngomane

24. UNITED PEO PLE’S FRONT

<MJ Mahlangu A Chabalala RJ Dombo JS Maake

25. VENDA GOVERNM ENT

SE Moeti GM Ligege AK M asehelaS Makhuva

26. XIM OKO PROG RESSIVE PARTY

MH M atjokana GNK Hetisani DMD M ahlangu PT Shilubana

PLANNING COMMITTEE

1. B Alexander2. R Cronje3. CW Eglin4. PJ Gordhan5. C Kruger5. FT Mdlalose6. RP Meyer7. MC Ramaphosa8. SN Sigcau9. J Slovo10. Z Titus11. M Webb

f

(PAC of Azania)(Bophuthatswana Government) (Democratic Party) (Natal/Transvaal Indian Congress) (Afrikaner -Volksunie)(Inkatha Freedom Party)(South African Government) (African National Congress)(Cape Traditional Leaders (South African Communist Party) (Transkei Government)(Ciskei Government)

1. M Maharaj2. SS van der Merwe3. BS Ngubane

PANEL OF CHAIRPERSONS FOR THE NEGOTIATING COUNCIL

Dr D De Villiers Ms M Finnemore Mr PJ Gordhan Ms B Kgositsile Mr L Landers M r MJ Mahlangu

1. CONSTITUTIONAL ISSUES

Advocate F Cachalia Advocate A Chaskalson Professor GE Devenish Advocate E Moseneke Advocate N Ngoepe Professor W Olivier Dr F Venter Professor M W iechers Advocate M Olivier

2. VIOLENCE

Mr V Ntsubane Professor PJ Oosthuizen Professor A Seegers Professor H Vilakazi Mr M Phillips Mr P Hatty Ms S Vos Mr GH M yburgh

3. FUNDAM ENTAL RIGHTS DURING THE TRANSITION

Professor HM C order Professor LM Du Plessis Mr G Grove Ms DS Nene Advocate Z Yacoob

4. TRANSITIONAL EXECUTIVE COUNCIL

Ms Z Du Toit Professor F Haysom Dr JC HeunisMr ME M apheto (deceased)Advocate J Renene Professor D van W yk

IN D E P E N D E N T M E D IA C O M M IS S IO N A N D IN D E P E N D E N T TELECOM M UNICATIONS AUTHORITY

Ms A Armstrong Advocate D Dison Mr M M arkovitz Advocate P Pretorius Mr EJ Mabuza Professor C Noffke

6. IN D EPEN D EN T E L E C T O R A L C O M M ISSIO N

Professor D Davis Advocate HR Laubscher Mr SK Ndlovu Mr RB Rosenthal Dr F Ginwala Advocate JH Bruwer

7. REPEAL OF DISCRIM INATORY LEGISLATION

Professor J Dugard Professor MG Erasmus Advocate P M otlana-M oroka Advocate P Langa Advocate J De Bruyn

TASK GROUP ON REPEAL OF DISCRIMINATORY LEG I SI ATI ON

Professor JV van der Westhuizen Mr JD Du Bruyn

TECHNICAL SUPPORT STAFF - TASK GROUP ON DISCRIMINATORY LEGISLATION

Professor CH Heyns Mr SN Mahada Ms A Kirk-Cohen Mr A Haupt Mr D Brand Mr Monde Bulube Ms LT Booi Mr D Ntsebeza Mr H VarneyProfessor JD van der Vyver Mr D Tabata Mr E M ureinik Mr 0 Kellner

Dr B Nomvete Professor F Smith Professor D Basson Ms A Bernstein Mr P Daphne Mr AS Du Plessis Ms B Govinden Ms L Gwagwa Professor Y Muthien Professor W Nkuhlu Professor I Rautenbach Mr K Reyneke Professor A Steyn Dr B Malefo

List o f members o f the Technical Support Team o f the Commission o f Delimitation/Demarcation o f SPRs/Regions

Mr N De Beer Dr S Buthlelezi Professor JA Du Pisanie Mr T Fowler Mrs D Krige Professor J M cCarthy Mr J M okgoro Dr O Shisana Dr B De Villiers Professor R Tom linson Mr PA Pienaar Mr C De Coning Professor I van der M erwe

4 a

CO-CHAIRPERSONS

Dr BD Nomvete Mr AS du Plessis

TASK FORCE MEMBERS

Professor DA Basson Mr PG Daphne Chief SM Burns-Ncamashe Ms D Govinden Ms NN Gwagwa Professor Y Muthien Professor I Rautenbauch Mr K Reyneke Professor Br BM Malefo Mr N de Beer Professor JA du Pisanie Mr T Fowler Mr J Mogoro Dr O Shisana Professor R Tomlinson Mr PA Pienaar Professor I van der Merwe

T H E

COMMISSION ON NATIONAL SYMROIS

Professor E Botha Mrs PGP M aluleka Mr B Jardine Professor P Kapp Professor F Meer Dr C Pama Professor CJ Reineke Professor Them ba Sirayi Dr Musa Xulu

4A

LIST OF ADMINISTRATION STAFF OF THE MULTI-PARTY NEGOTIATING PROCESS

Mr S Bodibe Ms H Bokaba M r D Brand Mr G Briggs Ms S Briggs Mr J Christensen Ms M Cilliers-Reineke Ms M Cleary Mr D Doran Ms S Doran Mr D Du Plooy Mr F Du Preez Dr T Eloff Ms M Emmet Ms T Gugushe Ms G Hutchings Ms S Hutchings Ms M Hynde Mr A Jones Ms P Lelaka Ms L Lestsoalo Ms L Magooa Ms P Mangena Ms N Ngwdlwa Mr M M ogoerane Dr R Mokate Ms K M organ Ms D Morobe Ms B Mthethwa Ms D M thimkulu Ms J Mthimkulu Ms G Muller Mr E Niemand Mr W Pelser Mr G Roos Ms C Radebe Mr C Radebe Ms M Scheepers Ms N Sithebe Ms E Strumpher

Mr S Thepe Mr A Tshehla Ms R Vittee

LIST OF MULTI-PARTY SECURITY STAFF

Mr Alexander, KO Mr Bezuidenhout, PC Mr Bopape, TL Mr Botha, AF Mr Coetzee, LE Mr Daniels, D Mr Dean, A Mr Dekker, AE Mr Dercksen, JW Ms Dhlam ini, P Mr Diamond, WA Mr Drews, PS Mr Du PLessis, PJ Mr Du Preez, A Mr Dubase, H Mr Dube, S Mr Ferreira, GB Mr Francis, F Mr Franck, O Mr Freem an, SP Mr Goosen, J Mr Hlongwane, Z Mr Hudson, RJ Mr Ingwane, G Mr Jordaan, DB Mr Joubert, G Mr Jw ara, D Mr Lourens, PA M r Lubbe, AP M r M abena, SB Mr M akalela, I Mr M alam ba, PG Mr M arum o, S Mr M asango, P Mr M atsiela, B Mr M azibuko, L Mr M ogoerane, T Ms M okone, J M r M omberg, JC M r M sibi, D M r M thombeni, J Mr M yburgh, AF Mr Naidu, NJ

Mr Ndaba, S Mr Nel, J Mr Nel, AP Mr Ngwenya, V Mr Nkosi, A Mr Nkosi, M Mr Ntabaziyalila, V Mr Nzima, V Mr Ramasodi, G Mr Scheepers, JP Mr Seatholo, A Mr Sebego, LD Mr Sebolayi, H Mr Sefathle, M Mr Sydow, A Mr Theron, LE Mr Toleni, M Mr Van Zijl, J Mr Van Wyk, JG Mr Van Wyk, J Mr Van der M erwe, P Mr Van Eck, E Mr Van Eck, PJ Mr Van der Berg, GPA Mr Van der M erve, SFS Mr Vanqa, T Mr W arren, CA Mr Williams, MD Mr Zungu, D

f l r & b c N t u H o

SCHEDULE OF NEGOTIATING FORUM, NEGOTIATING COUNCIL AND PLANNING

COMMITTEE MEETINGS

SC H E D U L E O F N E G O T IA T IN G FO R U M , N E G O T IA T IN G C O U N C IL AND PLA N N IN G C O M M IT T E E M E E T IN G S H ELD A T T H E W O R L D TRA D E

C E N T R E , K EM PT O N PARK

Negotiating Forum Negotiating Forum

N egotiating Council N egotiating Council N egotiating Council Negotiating Council

N egotiating Council N egotiating Council

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

N egotiating Council N egotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

01 April 199302 July 1993

05 March 199306 March 1993 18 March 1993 30 March 1993

26 April 1993 30 April 1993

07 May 1993 18 May 1993 25 May 199327 May 199328 May 1993

01 June 199303 June 1993 15 June 199317 June 199318 June 199322 June 199323 June 199324 June 199325 June 199328 June 199329 June 199330 June 1993

01 July 199302 July 199319 July 199320 July 199321 July 199326 July 199327 July 199328 July 199329 July 199330 July 1993

49

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council Negotiating Council

02 August 199303 August 199304 August 199309 August 199310 August 199311 August 199312 August 199316 August 199317 August 199318 August 199323 August 199324 August 199325 August 199326 August 199330 August 199331 August 1993

01 September 199302 September 199306 September 199307 September 199328 September 199329 September 1993

05 October 199306 October 199307 October 199313 October 1993 15 October 1993 18 October 199320 October 199321 October 199322 October 199327 October 199328 October 1993

01 November 199302 November 199303 November 199304 November 199305 November 199308 November 199310 November 199311 November 199312 November 199315 November 199316 November 1993

S o

Planning Committee 04 March 1993Planning Committee 09 March 1993Planning Committee 18 March 1993Planning Committee 26 March 1993Planning Committee 30 march 1993Planning Committee 31 March 1993

Planning Committee 01 April 1993Planning Committee 22 April 1993Planning Committee 29 April 1993

Planning Committee 03 May 1993Planning Committee 07 May 1993Planning Committee 10 May 1993Planning Committee 14 May 1993Planning Committee 17 May 1993Planning Committee 18 May 1993Planning Committee 24 May 1993Planning Committee 25 May 1993Planning Committee 28 May 1993

Planning Committee 01 June 1993Planning Committee 03 June 1993Planning Committee 14 June 1993Planning Committee 15 June 1993Planning Committee 17 June 1993Planning Committee 18 June 1993Planning Committee 21 June 1993Planning Committee 22 June 1993Planning Committee 23 June 1993Planning Committee 24 June 1993Planning Committee 25 June 1993Planning Committee 28 June 1993Planning Committee 29 June 1993Planning Committee 30 June 1993

Planning Committee 1 July 1993Planning Committee 19 July 1003Planning Committee 26 July 1993

Planning Committee 02 August 1993Planning Committee 03 August 1993Planning Committee 04 August 1993Planning Committee 09 August 1993Planning Committee 16 August 1993Planning Committee 17 August 1993Planning Committee 19 August 1993Planning Committee 23 August 1993

s i

Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee

Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee

Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee

Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee Planning Committee

24 August 199325 August 199326 August 199330 August 199331 August 1993

01 Septem ber 199306 Septem ber 199313 Septem ber 199314 Septem ber 199324 Septem ber 199328 Septem ber 199329 Septem ber 1993

05 O ctober 199307 O ctober 199313 October 199315 October 199318 O ctober 199320 O ctober 199321 October 199328 October 1993

01 Novem ber 199304 Novem ber 199308 November 199311 N ovem ber 199312 N ovem ber 1993 15 November 1993

A & 6cA/0ufy P

LIST OF PARTICIPANTS FROM FOREIGN MISSIONS / ORGANISATIONS

LIST OF PARTICIPANTS FROM FOREIGN MISSIONS / ORGANISATIONS

Angolan O ffice RepresentativeMr M Augusto

Embassy of ArgentinaMr GG Dominguez

Australian EmbassyAmbassador RA Bums

Austrian Embassy Dr C Gudenus

Embassy of BelgiumAmbassador R van Overberghe

British Embassy Sir A Reeve

Brazilian Embassy M r LA Fachini-Gomes

Commonwealth Observer Mission Mr J Gaylard Dr M Anafu Ms C Lowe-M om a

Embassy of Republic o f ChinaM r CH Chen

Embassy o f Chile M r A Silva

Embassy o f Czech Republic Dr J Babicky

Canadian Embassy Mr MA Brault

Ecumenical M onitoring Programme in SA (EMPSA) Ms M M xadana Ms M Peterson

Commission of the European CommunitiesM r TJ Sheehy

53

Embassy of FinlandM r B Ekblom

German EmbassyD r C Zimmermann

Ambassador of FranceMs J Bourgois

Embassy of Greece M r PA Tsamoulis

Embassy of the Republic of HungaryM r L SzaJay

Iranian Interests SectionMr V Mohammadi

Embassy of IsraelAmbassador A Liel

Italian Embassy Dr M Piersigilli

Embassy of the Republic of KoreaM r SH Kim

O ffice of Interests of Lebanon in SA M r C Stephan

Embassy of the Kingdom of LesothoMs LC Mosala

O ffice o f the Interests of the Kingdom of M orocco Mr MS Benryane

M alawi Embassy Mr WS Khosa

Consulate-General o f MauritiusM r MI Dossa

Royal Netherlands Embassy M r ThYM van Oorschot

Organisation o f African Unity Mr SB Ibok Mr SK Sibajene Mr OMJ Ndawula

Portuguese Embassy HE Mr J Ritto

Embassy o f ParaguayM r A Franco

Liaison O ffice o f PakistanHE A Ahmed

Embassy of Poland M r W Cibor

Embassy of RomaniaM inister-Councillor D Nistor

Embassy of the Russian FederationMr A Kushakov

International Com m ittee of the Red Cross Mr V Nicod Mr N Sommer Mr A Benini

Consulate-General o f RwandaMr F Bararwerekana

Embassy of SwitzerlandM r R W ermuth

Singapore ConsulateM r V Mathews

Slovak Embassy Mr E Jamrich

Embassy of Spain Mr M Ucelay

Embassy of SwedenAmbassador I Stjem berg

Royal Thai Consulate-GeneralMr M Saicheua

Turkish Consulate GeneralMr SC Onaran

American EmbassyMs PA Clapp

United Nations Children’s Fund (UNICEF)Mr N Memon Mr F Swai

Apostolic DelegationArchbishop A de Paoli

United Nations Observer Mission in South AfricaMs AEV King M r CE W yse M r M Ndulo

United Nations High Commissioner for RefugeesM r CK Kalumiya M r M Lubega

Zimbabwe Trade MissionMr SH Comberbach

OTHER OBSERVERS

City Council o f Kempton ParkCouncillor AW Korf Mr RJ Jerster M r JP Bosman

DOCUMENT PACK FOR THE

MEETING OF THE PLENARY OF THE

MULTI-PARTY NEGOTIATING

PROCESS

17 NOVEMBER 1993

VOLUME JV

CO NTEN TS O F V O LU M E IV O F D O C U M E N T PACK FO R T H E M E E T IN GO F T H E PLEN A R Y O F T H E

M U LTI-PA R TY N E G O T IA T IN G PRO CESS TO BE H ELD ON 17 N O V E M B E R 1993 AT 13H45

Item

Constitution . . . .

Page No

.............................Complete

d r a f t

I CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

1993

17 So vcmbcr 1993

ACTTo introduce a new Constitution for the Republic of South Africa and to provide for

m atters incidental thereto.

PR EA M B LE

In humble submission to Almighty God,We the people o f South Africa declare that -

W H E R E A S there is a need to create a new order in which all South Africans will be

entitled to a common South African citizenship in a sovereign and dem ocratic

constitutional state in which there is equality between men and women and people of all

races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms;

AND W H E R E A S in order to secure the achievement of this goal, elected representatives

of all the people of South Africa should be mandated to adopt a new Constitution in

accordance with a solemn pact recorded as Constitutional Principles;

AND W H E R E A S it is necessary for such purposes that provision should be made for the

promotion of national unity and the restructuring and continued governance of South

Africa while an elected Constitutional Assembly draws up a final Constitution;

N O W T H E R E F O R E the following provisions are adopted as the Constitution of the

Republic of South Africa:

C H APTE R 1

F o r m a l a nd Cons t i tuen t Pro\ is ion .s

The Republic o f South Africa

1 . (i) The Republic of South Africa shall be one. sovereign state.

(2) The national territory shall consist of all the territory described in

Schedule 1.

National sym bols

2. (1) The national anthem and the design of the flag of the Republic shall be as

set out in a proclam ation by the State President in the Government Gazette acting in

term s of an Act of Parliam ent.

(2) The coat of arms and the seal of the Republic existing on the date of the

coming into operation of this Constitution, shall continue to be the coat of arms and the

seal of the Republic.

Languages

3. (1) A frikaans. English. siNdebele, sePedi. seSotho. siSwati, xiTsonga.

seTswana, luV enda, siX hoso.and siZulu shall be the official South African languages at

national level and conditions shall be created for their developm ent and for the promotion

of their equal use and enjoym ent.

(2) Rights relating to language and the status of languages existing at the

commencement o f this Constitution shall not be diminished, and Parliament shall make

provision for rights relating to language and the status o f languages existing only at

regional level, to be extended nationally in accordance with the principles set out in

subsection (9).

(3) W herever practicable, a person shall have the right to use and to be

addressed in his or her dealings with all public administrations at the national level in any

official South African language of his or her choice.

(5) A provincial legislature may, by a two thirds majority, determine any

language referred to in subsection (1) to be an official language for the whole or anv part

of the province and for any or all functions within the competence of that legislature,

save that neither the rights relating to language nor the status of an official language

existing in any area or in relation to any function at the time of the coming into operation

of this Constitution, may be diminished.

(6) W herever practicable, a person shall have the right to use and to be

addressed in his or her dealings with all public adm inistrations at provincial level in any

one of the official languages of his or her ch. • e as contemplated in terms of subsection (5).

(7) A member of Parliament may address Parliament in the official South African language of his or her choice.

(8) Parliament and any provincial legislature may, subject to the provisions

of this section, make provision by legislation for the use of official languages for the

purposes of the functioning of government, taking into account questions of usage,

practicality and expense.

(9) Legislation, as well as official policy and practice in relation to the use of

languages at all levels of government shall be subject to and based on the provisions of

this section and the following principles:

(a) the creation of conditions for the development and for the promotion of

the equal use and enjoyment of all official South African languages;

(b) the extension of those rights relating to language and the status of

languages which at the date of com mencement of this Constitution are

restricted to certain regions;

(c) the prevention of the use of any language for the purposes of exploitation,

domination or division;

- ;e promotion of muitiiinguaii.sm ana the crovi>ion or fans ia t ic r r'ac:.

( c ) respect for languages spoken in the Republic o ther than the official

languages and the encouragement of their use in appropriate circum stances; and

(f) non-dim inution o f rights relating to language and the status of languages

existing at the com mencement of this Constitution.

(10) Legislation shall provide for the establishment by the Senate of an

independent Pan South African Language Board to promote respect for the principles

referred to in subsection (9) and to further the development of the official South African languages.

(11) The Pan South African Language Board shall be consulted and invited to

make recom mendations in relation to any proposed legislation contem plated in this section.

(12) The Pan South African Language Board shall be responsible for promoting

respect for and the developm ent of Greek, Gujerati, Hindi. Portuguese, Tam il, Telegu,

Urdu and other languages used by communities in South Africa, as well as Arabic and H ebrew and other languages used fo r religious purposes.

The suprem acy o f the C onstitution

4 - ^ Constitution shall be the supreme law of the Republic and any law or

act inconsistent with its provisions shall, subject to section 88(5) and (6) and section 91 (4) be of no force o r effect, to the extent of its inconsistency.

(-) The provisions o f this Constitution binds all the legislative, executive and judicial organs of state at all levels o f government.

CH A P T E R :

Cit izensh ip an d the F ra n ch i s e

Citizenship

5. (1) There shall be a South African citizenship, and the acquisition, loss and

restoration of South African citizenship shall be regulated by Act of Parliament.

(2) Every person who is a South African citizen shall, subject to the

provisions of this Constitution, exercise franchise rights in South Africa and enjoy all

other rights, privileges and benefits and be subject to all duties, obligations and

responsibilities of citizenship in South Africa as are accorded or imposed upon him or

her in terms of this Constitution.

The franchise

6. Every person w ho is -

(a) a South African citizen or a person who in terms of the Electoral 1993 is qualified to vote;

(b) of or over the age of 18 years; and

(c) not subject to any disqualification as may be prescribed by law,

shall be entitled to vote in elections of members of the National Assembly, the legislature

of a province or a local government in accordance with the laws governing that particular

election.

C H A P T E R 3

F u n d a m e n t a l Righ ts

A pplication

7. ( l) This Chapter shall bind the legislative and executive organs of the State at

all levels of government including all statutory bodies and functionaries.

2) This Chapter shall apply to all law in force and all adm inistrative decisions

taken and acts performed during the period o f operation of this Chapter.

3) Juristic persons shall be entitled to the rights contained in this Chapter

w here, and to the extent that, the nature of the rights permits.

(4) (a) When an infringem ent of o r threat to any right entrenched in this

Chapter is alleged, any person referred to in paragraph (b) shall be

entitled to apply to a com petent court of law for appropriate relief,

which may include a declaration of rights.

(b) .An application referred to in paragraph (a) may be brought by -

(i) a person acting in his or her own interest;

(ii) an association acting in the interest of its mem bers:

(iii) a person acting on behalf of another person who is not in a

position to bring such application in his o r her own name;

(iv) a person acting as a member of or in the interest of a group

or class of persons; or

(v) a person acting in the public interest.

Equality

8. (1) Every person shall have the right to equality before the law and to equal

protection of the law.

(2) No person shall be unfairly discriminated against, d irectly or indirectlv,

and, without derogating from the generality of this provision, on one or more of the

following grounds in particular: race, gender, sex, ethnic or social origin, colour, sexual

orientation, age, disability, religion, conscience, belief, culture or language.

(3) (a) This section shall not preclude measures designed to achieve the

adequate protection and advancement of persons or groups or

categories of persons disadvantaged by unfair discrimination in

order to enable their full and equal enjoyment of all rights and freedoms.

(h) Every person or community dispossessed of rights in land before

the com mencement of this Constitution under any law which would

have been inconsistent with the provisions o f subsection (2) shall

be entitled to claim restitution of such rights subject to and in accordance with Chapter ....

(4) Prima facie proof of discrimination on any of the grounds specified in

subsection (2) shall be presumed to be sufficient proof of unfair discrimination as

contemplated in that subsection until the contrary is established.

Life

9. Every- person shail have the right to life.

Human dignity

10. Every person shall have the right to respect for and protection of his or her dignity.

Freedom and security o f the person

11. (1) Every person shall have the right to freedom and security of the person

which shall include the right not to be detained without trial.

or em otional, nor shall any person be subject to c rue l , inhuman or degraaing treatment or

punishment.

Servitude and forced labour

12. No person shall be subject to servitude o r forced labour.

Privacy

13. Every person shall have the right to his o r her personal privacy which shall

include the rights not to be subject to searches of his o r her person, home or p ro p e m ,

the seizure of private possessions or the violation of * iva te communications.

R eligion, belief and opinion

14. (1) Every person shall have the right to freedom of conscience, religion,

thought, belief and opinion, which shall include academic freedom in institutions or

higher learning.

(2) W ithout derogating from the generality of subsection (1). religious

observances may be conducted at state or state-aided institutions under rules established

by an appropriate authority for that purpose, provided that such observances are

conducted on an equitable basis and attendance at them is free and voluntary.

Freedom o f expression

15. (1) Every person shall have the right to freedom of speech and expression,

which shall include freedom of the press and o ther m edia, and the freedom of artistic

creativity and scientific research.

(2) All m edia financed by o r under the control of the state shall be regulated

in a m anner w hich ensures impartiality and the expression of a diversity of opinion.

16. Every person shall have the right to assemble and dem onstrate with others

peacefully and unarmed, and to present petitions.

Freedom of association

17. Every person shall have the right to freedom of association.

Freedom of movement

18. Every person shall have the right to freedom of movement anywhere within South Africa.

Residence

19. Every person shall have the right freely to choose his or her place of residence

anywhere in South Africa.

Citizens' rights

20. Every citizen shall have the right to enter, remain in and leave South Africa, and

no citizen shall be deprived of his or her citizenship.

Political rights

21. (1) Every citizen shall have the right -

(a) to form, to participate in the activities of and to recruit members

for a political party;

(h) to campaign for a political party or cause; and

(c) freely to make political choices.

for election to public office.

Access to court

22. Every person shall have the right to have justiciable disputes settled by a court of

law or, where appropriate, another independent and im partial forum.

Access to inform ation

23. Every person shall have the right of access to all inform ation held by the state or

any of its organs at anv level of government in so far as such inform ation is required for

the protection o r exercise of any of his or her rights.

Adm inistrative ju stice

24. Every person shall have the right to -

(a) lawful adm inistrative action where any of his o r her rights or interests is

affected o r threatened;

(b) procedurally fair administrative action where any of his or her rights or

legitim ate expectations is affected or threatened;

(c) be furnished with reasons in writing for administrative action which affects

any of his or her rights or interests unless the reasons for such action have

been made public: and

(d) administrative action which is justifiable in relation to the reasons given

for it where any of his or her rights is affected or threatened.

Detained, arrested and accused persons

25. (1) Every person who is detained, including every sentenced prisoner, shall

have the right -

u) to oe mrormea promptly in a language wmcn he or she unaersiancs cr me

reason for his or her detention:

(b) to be detained under conditions consonant with human dignity, which shall

include at least the provision of adequate nutrition, reading material and

medical treatment at state expense:

(c) to consult with a legal practitioner of his o r her choice, to be informed of

this right promptly and, where substantial injustice would otherwise result,

to be provided with the services of a legal practitioner by the state;

(d) to be given the opportunity to com municate with, and to be visited by, his

or her spouse or partner, next-of-kin. religious counsellor and a medical

practitioner of his or her choice: and

(c) to challenge the lawfulness of his or her detention in person before a court

of law and to be released if such detention is unlawful.

(2) Every person arrested for the alleged commission of an offence shall, in

addition to the rights which he or she has as a detained person, have the right -

(a) in a language which he or she understands, to be informed promptly that

he or she has the right to remain silent and to be warned of the

consequences of making any statement;

(b) as soon as it is reasonably possible, but not later than 48 hours after the

arrest or the first court day thereafter, to be brought before an ordinary

court of law and to be charged or to be informed of the reason for his or

her further detention, failing which he or she shall be entitled to be

released;

(c) not to be compelled to make a confession or admission which could be

used in evidence against him o r her; and

(d) to be released from detention with o r without bail, unless the interests of

justice require otherwise.

to a public trial by an ordinary court of law within a reasonable time after

having been charged;

to be informed with sufficient particularity of the charge,

to be presumed innocent and to remain silent during plea proceedings or

trial and not to testify during trial;

to adduce and challenge evidence, and not to be a com pellable witness

against himself or herself;

to be represented by a legal practitioner of his or her choice or, where

substantial injustice would otherwise result, to be provided with legal

representation at state expense, and to be informed of these rights,

not to be convicted of an offence in respect of any act o r om ission which

was not an offence at the tim e it was committed, and not to be sentenced

to a more severe punishm ent than that which was applicable when the

offence was com m itted;

not to be trie^ again for any offence of which he or she has previously

been conv iaed o r acquitted;

to have recourse by way of appeal o r review to a higher court than the

court of first instance;

to be tried in a language which he o r she understands o r. failing this, to

have the proceedings interpreted to him or her, and

to be sentenced w ithin a reasonable time after conviction.

economic ac t i \ i t \

d ) Every person shall have the right freely to engage in economic activity and to pursue a livelihood anywhere in South Africa.

(2) Subsection (1) shall not preclude measures designed to promote the

protection or the improvement of the quality of life, econom ic growth, human

development, social justice, basic conditions of em ployment, fair labour practices or

equal opportunity for all, provided such measures are justifiable in an open and democratic society based on freedom and equalitv.

Labour Relations

(1) Every person shall have the right to fair labour practices.

(2) W orkers shall have the right to form and join trade unions, and employers shall have the right to form and join emplovers' organisations.

(3) W orkers and employers shall have the right to organise and bargain collective! v.

(4) W orkers shall have the right to strike for the purpose of collective bargaining.

(5) Em ployers’ recourse to the lock-out for the purpose of collective bargaining shall not be impaired subject to section 34(1).

Property rights

28- (1) Every person shall have the right to acquire and hold rights in property

and, to the extent that the nature of the rights permits, to dispose of such rights.

(2) No deprivation o f any rights in property shall be permitted otherwise than in accordance with a law.

(3) W here any rights in property are expropriated pursuant to a law referred

to in subsection (2) such expropriation s h a h - ’e permissible for public purposes onlv and

-nail be subject to the payment or agreed compensation —. railing agreement. :ne

pavment of such compensation and within such period as may be determined by a court

of law as just and equitable, taking into account all relevant factors, including, in the

case of the determination of com pensation, the use to which the property is being put, the

history o f its acquisition, its market value, the value of the investments in it by those

affected and the interests of those affected.

Environment

29. Every’ person shall have the right to an environm ent which is not detrim ental to

his o r her health o r well-being.

Children

30. (1) Every child shall have the r ig h t -

(a) to a name and nationality as from birth;

(b) to parental care:

(c) to security, basic nutrition and basic health and social services;

(d) not to be subject to neglect o r abuse: and

(c) not to be subject to exploitative labour practices nor to be required or

permitted to perform work which is hazardous or harm ful to his o r her

education, health o r w ell-being.

(2) Every child who is in detention shall, in addition to the rights which he or

she has in terms of section 25, have the right to be detained under conditions and to be

treated in a manner that takes account o f his or her age.

(3) For the purpose of this section a child shall mean a person under the age

of 18 years and in all matters concerning such child his or her best interests shall be

paramount.

31. Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Customary law

32. (1) Every person who -

(a) in pursuance of the right entrenched in section 17 belongs to a community

which observes a system of customary law; or

(b) of free and informed choice observ es the rules and practices of a svstem of

customary law and associates with other persons observing the same rules

and practices,

shall, subject to sections /(2) and 34(2), have the right to the recognition of such

customary law as the legal dispensation governing the internal affairs of the community

mentioned in paragraph (a) or regulating his or her interpersonal relationships with 'he

persons mentioned in paragraph (b), as the case mav be.

(2) It shall be competent for any court of law applying a system of customarv

law' as contemplated in subsection (1) and finding certain of its rules and practices to be

in conflict with section 8, to determine, to the extent that its jurisdiction allows,

conditions on and a time w'ithin which such rules and practices shall be brought in conform ity with section 8.

(3) This section shall not preclude legislation designed to assist the

development of customary law' in accordance w-ith the values em bodied in the other

provisions of this Chapter.

Education

33. Every person shall have the right -

(a) to basic education and to equal access to educational institutions;

• 0 instruction in tr.e !2 r -• -■ ■ •" ■ cnoice w r.ere :r.:s i> reasonaoiv practicable; and ’

M to establish, where pract,cable, educational institutions ba.sed on a

com m on culture, language o r religion, provided that there shall be no discrim ination on the ground of race or colour.

Lim itation

34. (1> The rights entrenched in this C hapter may be limited bv law o f general application provided that such limitation -

(ci) shall be permissible only to the extent that it is -

<i) reasonable; and

(iil justifiable in an open and dem ocratic society based on freedom and equality; and

<M shall not negate the essential content o f the right in question,

and provided further that any limitation to -

(Ua) 3 right entrenched in section 10. 11.-12. 14(1). 21. 25 or 30(1 )(d)o r (e) o r (2); or

(bh) a right entrenched in section 15. 16. 17. 18, 23 or 24. in so far as such right relates to free and fair political activity.

necessary.shall, tn addition to being reasonable as required in paragraph (a)(i), al.so be

(2) Save as provided for in subsection (1) or any other provision o f this

Chapter, no law. whether a rule of the common law. customary law or legislation, shall limit any right entrenched in this Chapter.

5i Tne entrenchment ; r tr.e r.gr.t> :r. terms :r :r.is Chapter >naii not be

construed as denying the existence or any other rights or freedoms recognised and

conferred by common Law, customary law or legislation to the extent that they are not inconsistent with the provisions of this Chapter.

(4) This Chapter shall not preclude measures designed to prohibit unfair

discrim ination by bodies and persons other than those bound in terms of section 7(1).

(5) (a) The provisions of a law in force at the com mencement of this

Chapter promoting fair employment practices, orderly and

equitable collective bargaining and regulating industrial action shall

remain of full force and effect until repealed or amended bv the

legislature.

(h) If a proposed enactment amending or repealing a law referred to in

paragraph (a) deals with a matter in respect of which the National

M anpower Comm ission, referred to in section 24 of the Labour

Relations Act 1956, or any other similar body which may replace

the Commission, is competent in terms of a law then in force to

consider and make recommendations, such proposed enactment

shall not be introduced in Parliament unless the Commission or

such other body has been given an opportunity to consider the

proposed enactment and to make recommendations with regard

th ;re to ."

State o f emergency and suspension

35. (1) A state of emergency shall be proclaimed prospectively under an Act of

Parliam ent and shall be declared only where the security of the Republic is threatened by

war, invasion, general insurrection or disorder or at a time of natural disaster, and if the

declaration of a state of emergency is necessary to restore peace or order.

(2) The declaration of a state of emergency and any action, w hether a

regulation or otherwise, taken in consequence of it, shall be of force for a period of not

more than 21 days unless it is extended for a period of no longer than three months or

consecutive periods of no longer than three months at a time, by resolution of the

National Assembly adopted by a majority of at least two- thirds of all its members.

(3) Anv superior coun shail be competent to enquire into the validity or a

declaration of a state of em ergency, any extension thereof, and any action, whether a

regulation or otherw ise, taken under such declaration.

(4) The rights entrenched in this Chapter may be suspended only in

consequence of the declaration of a state of emergency, and only to the extent necessary

to restore peace o r order.

(5) N either anv law which provides for the declaration of a state of

em ergency, nor any action taken in consequence thereof, shall perm it or authorise -

(a) the creation of retrospective crimes;

(h) the indem nification of the State or of persons acting under its authority for

unlawful actions taken during the state of em ergency: or

(c) the suspension of this section, and sections 7, 8(2), 9, 10, 11(2), 12, 14,

27(1) and (2), 30( 1)(d) and (e) and (2) and 34(1) and (2).

(6) The detention of a person under a state of em ergency shall be subject to

the following conditions:

(a) an adult fam ilv member or friend of the detainee shall be notified of the

detention as soon as is reasonably possible;

(b) the nam es of all detainees and a reference to the measures in terms of

which thev are being detained shall be published in the Gazette within five

days o f the ir detention:

(c) w'hen rights entrenched in sections 11 o r 25 have been suspended -

(i) the detention of a detainee shall, as soon as it is reasonably possible

but not later than 10 days after his o r her detention, be reviewed by

a court o f law', and the court shall o rder the release of the detainee

if it is satisfied that the detention is not necessary to restore peace

o r order: