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The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the Constitution of the Republic of South Africa Act, 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may ...
The Constitution was originally numbered as "Act No. 108 of 1996". Various jurists, including Chief Justice Arthur Chaskalson , expressed the opinion that the Constitution should not be treated as an ordinary act of Parliament, because it was enacted by the Constitutional Assembly rather than by Parliament and because it was supreme over all ...
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
The same applies to provincial legislation, but with reference to the relevant province: for example, "Eastern Cape Provincial Tender Board Act 2 of 1994." The Constitution is usually cited as "Constitution of the Republic of South Africa, 1996," while the Interim Constitution is cited as "Constitution of the Republic of South Africa Act 200 of ...
Du Plessis and Others v De Klerk and Another is a 1996 decision of the Constitutional Court of South Africa.Though arising from a defamation case in the law of delict, it had broad significance for the application of the Interim Constitution both to pre-constitutional conduct and to private disputes.
One of the first decisions by the Constitutional Court was the 1995 case of S v Makwanyane, in which the court addressed the constitutionality of the death penalty.The principal judgment, by President of the Court Arthur Chaskalson, found the death penalty to be unconstitutional not because it violated the right to life, but because it violated the prohibition of cruel, inhuman and degrading ...
Hoffmann v South African Airways (2000) — a government-owned airline's policy of refusing to hire HIV-positive people as flight attendants violates the right to equality. Satchwell v President of the Republic of South Africa and Another (2002) — pension and retirement benefits provided to the spouses of judges must be equally provided to ...