(3) Everyone has the right to establish and maintain, at their own expense, independent educational institutions that – (a) do not discriminate on the basis of race; (b) are registered with the state; and (c) maintain standards that are not inferior to standards at comparable public educational institutions. Section 98 Temporary assignment of functions The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function. (3) Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.

Section 72 Public access to and involvement in National Council (1) The National Council of Provinces must – (a) facilitate public involvement in the legislative and other processes of the Council and its committees; and (b) conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken – (i) to regulate public access, including access of the media, to the Council and its committees; and (ii) to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person. (3) An election to fill a vacancy in the office of President must be held at a time and on a date determined by the President of the Constitutional Court, but not more than 30 days after the vacancy occurs. Section 108 Duration of provincial legislatures (1) A provincial legislature is elected for a term of five years.
Any restriction on a right must be reasonable and must be proportional in that the impact or extent of the restriction must match the importance of the aim served by the limitation of the right. (4) Vacancies in the National Assembly must be filled in terms of national legislation. (2) The right in subsection (1) does not extend to – (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. Section 131 Acting Premiers (1) When the Premier is absent or otherwise unable to fulfil the duties of the office of Premier, or during a vacancy in the office of Premier, an office-bearer in the order below acts as the Premier: (a) A member of the Executive Council designated by the Premier.

(2) A judge designated by the President of the Constitutional Court must preside over the election of the Premier. These rights are inalienable: a person has them forever and they cannot be taken away.

An assignment – (a) must be in terms of an agreement between the relevant Executive Council member and the Municipal Council; (b) must be consistent with the Act in terms of which the relevant power or function is exercised or performed; and (c) takes effect upon proclamation by the Premier.

Section 188 Functions of Auditor-General (1) The Auditor-General must audit and report on the accounts, financial statements and financial management of – (a) all national and provincial state departments and administrations; (b) all municipalities; and (c) any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General.

The Bill of Rights isn't the only instrument the law uses to guard children's rights.

The judgments can be printed or downloaded free. Section 216 Treasury control (1) National legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by introducing – (a) generally recognised accounting practice; (b) uniform expenditure classifications; and (c) uniform treasury norms and standards. (2) The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but – (a) must cast a deciding vote when there is an equal number of votes on each side of a question; and (b) may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly.

(d) The Speaker, until the National Assembly designates one of its other members. (4) The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly. Section 27 Health care, food, water and social security (1) Everyone has the right to have access to – (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.

Section 234 Charters of Rights In order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution.

Section 82 Safekeeping of Acts of Parliament The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping. (3) Unless the context otherwise indicates, a reference in a provision of the Constitution to a time when the Constitution took effect must be construed as a reference to the time when that provision took effect.

(2) The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them. They begin with the basic rights to life, dignity, equality and privacy.

(d) A Bill passed by the Assembly in terms of paragraph (c) must be submitted to the President for assent. proudly celebrates #DisabilityHistoryWeek (DHW)! Section 236 Funding for political parties To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.

(3) Members of the Commission designated by the National Council of Provinces serve until they are replaced together, or until any vacancy occurs in their number. The challenge, though, is to allow them to be limited only under strict conditions.

(c) Public administration must be development-oriented. Section 29 Education (1) Everyone has the right – (a) to a basic education, including adult basic education; and (b) to further education, which the state, through reasonable measures, must make progressively available and accessible. (5)Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1 January 1998, but this does not preclude the enactment in terms of this Constitution of legislation envisaged in any of these provisions before that date. Section 47 Membership (1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except – (a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than – (i) the President, Deputy President, Ministers and Deputy Ministers; and (ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation; (b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council; (c) unrehabilitated insolvents; (d) anyone declared to be of unsound mind by a court of the Republic; or (e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. May God protect our people. Section 226 Provincial Revenue Funds (1) There is a Provincial Revenue Fund for each province into which all money received by the provincial government must be paid, except money reasonably excluded by an Act of Parliament. Summaries of judgments have been included specifically for the non-legal public.

(4) Only the Constitutional Court may – (a) decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; (b) decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121; (c) decide applications envisaged in section 80 or 122; (d) decide on the constitutionality of any amendment to the Constitution; (e) decide that Parliament or the President has failed to fulfil a constitutional obligation; or (f) certify a provincial constitution in terms of section 144. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court – (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).

This question, left unanswered in the interim Constitution, was cleared up by Section 8 of the final Constitution: the Bill of Rights doesn't only apply vertically (from the state downwards, to its citizens) - it also applies, where applicable, horizontally (between one citizen or private body and another).
(2) (a) The Supreme Court of Appeal, a High Court or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. Human rights fall into two broad classes - first and second generation. (5) The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

Section 162 Publication of municipal by-laws (1) A municipal by-law may be enforced only after it has been published in the official gazette of the relevant province. (2) A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.

(4) The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if – (a) that matter would most effectively be administered locally; and (b) the municipality has the capacity to administer it.


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