Certification of the Amended Text of the Constitution of The Republic Of South Africa, 1996 (CCT37/96) [1996] ZACC 24; 1997 (1) BCLR 1; 1997 (2) SA 97 (4 December 1996)

Certification of the Amended Text of the Constitution of The Republic Of South Africa, 1996 (CCT37/96) [1996] ZACC 24; 1997 (1) BCLR 1; 1997 (2) SA 97 (4 December 1996)

The Court held that the amended constitutional text (AT) complies with all Constitutional Principles required by the Interim Constitution. The AT addresses all grounds for non-certification previously identified, including the entrenchment of the Bill of Rights, amendment procedures involving special majorities and procedures, and the protection of provincial powers. The AT provides a sufficient framework for local government, adequately protects the independence and impartiality of the Public Protector, Auditor-General, and Public Service Commission, and rationally defines non-derogable rights during states of emergency. The amendments to the override provisions and provincial police...

Citation
[1996] ZACC 24
Parties
Applicant: Constitutional Assembly; Respondent: Democratic Party; Respondent: Inkatha Freedom Party; Respondent: KwaZulu-Natal Province
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
4 December 1996
Case Number
CCT37/96
Procedural Posture
Constitutional Certification / Certification of Amended Constitutional Text Following Prior Non Certification
Outcome
Certified: The amended constitutional text complies with all Constitutional Principles.
Judges
Chaskalson, Langa, Mahomed, Madala, Ackermann, Mokgoro, Didcott, O'Regan, Goldstone, Sachs, Kriegler
Legal Topics
Constitutional Principles Compliance, Bill of Rights Entrenchment, Provincial Powers, Local Government Framework, Public Service Commission Independence, State of Emergency Rights
Constitutional Law Constitutional Principles Compliance Bill of Rights Entrenchment Provincial Powers Local Government Framework Public Service Commission Independence State of Emergency Rights

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Parties

Constitutional Assembly

Applicant

Democratic Party

Respondent

Inkatha Freedom Party

Respondent

KwaZulu-Natal Province

Respondent

Procedural Posture

Constitutional Certification / Certification of Amended Constitutional Text Following Prior Non Certification

Legal Issues

  1. 1 Does the amended constitutional text comply with all Constitutional Principles required by the Interim Constitution?
  2. 2 Are the Bill of Rights and amendment procedures sufficiently entrenched and protected?
  3. 3 Does the amended text adequately safeguard provincial powers and functions, and provide a proper framework for local government?

Ratio Decidendi

The Court held that the amended constitutional text (AT) complies with all Constitutional Principles required by the Interim Constitution. The AT addresses all grounds for non-certification previously identified, including the entrenchment of the Bill of Rights, amendment procedures involving special majorities and procedures, and the protection of provincial powers. The AT provides a sufficient framework for local government, adequately protects the independence and impartiality of the Public Protector, Auditor-General, and Public Service Commission, and rationally defines non-derogable rights during states of emergency. The amendments to the override provisions and provincial police...

Court Disposition

Certified: The amended constitutional text complies with all Constitutional Principles.

Orders

  • All provisions of the amended constitutional text, the Constitution of the Republic of South Africa, 1996, passed by the Constitutional Assembly on 11 October 1996, are certified as complying with the Constitutional Principles contained in schedule 4 to the Constitution of the Republic of South Africa, 1993.