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Summary - Constitutional Law (CSL2601)
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THE 34 CONSTITUTIONAL PRINCIPLESI
The Constitution of South Africa shall provide for the establishment of one sovereign state, a
common South African citizenship and a democratic system of government committed to
achieving equality between men and women and people of all races.
II
Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties,
which shall be provided for and protected by entrenched and justiciable provisions in the
Constitution, which shall be drafted after having given due consideration to inter alia the
fundamental rights contained in Chapter 3 of this Constitution.
III
The Constitution shall prohibit racial, gender and all other forms of discrimination and shall
promote racial and gender equality and national unity.
IV
The Constitution shall be the supreme law of the land. It shall be binding on all organs of state at
all levels of government.
V
The legal system shall ensure the equality of all before the law and an equitable legal process.
Equality before the law includes laws, programmes or activities that have as their object the
amelioration of the conditions of the disadvantaged, including those disadvantaged on the
grounds of race, colour or gender.
VI
There shall be a separation of powers between the legislature, executive and judiciary, with
appropriate checks and balances to ensure accountability, responsiveness and openness.
VII
The judiciary shall be appropriately qualified, independent and impartial and shall have the power
and jurisdiction to safeguard and enforce the Constitution and all fundamental rights.
VIII
There shall be representative government embracing multi-party democracy, regular elections,
universal adult suffrage, a common voters’ roll, and, in general, proportional representation.
IX
Provision shall be made for freedom of information so that there can be open and accountable
administration at all levels of government.
X
, Formal legislative procedures shall be adhered to by legislative organs at all levels of
government.
XI
The diversity of language and culture shall be acknowledged and protected, and conditions for
their promotion shall be encouraged.
XII
Collective rights of self-determination in forming, joining and maintaining organs of civil society,
including linguistic, cultural and religious associations, shall, on the basis of non-discrimination
and free association, be recognised and protected.
XIII
1. The institution, status and role of traditional leadership, according to indigenous law,
shall be recognised and protected in the Constitution. Indigenous law, like common law,
shall be recognised and applied by the courts, subject to the fundamental rights contained
in the Constitution and to legislation dealing specifically therewith.
2. Provisions in a provincial constitution relating to the institution, role, authority and status
of a traditional monarch shall be recognised and protected in the Constitution .
[Constitutional Principle XIII substituted by s. 2 of Act 3 of 1994.]
XIV
Provision shall be made for participation of minority political parties in the legislative process in
a manner consistent with democracy.
XV
Amendments to the Constitution shall require special procedures involving special majorities.
XVI
Government shall be structured at national, provincial and local levels.
XVII
At each level of government there shall be democratic representation. This principle shall not
derogate from the provisions of Principle XIII.
XVIII
1. The powers and functions of the national government and provincial governments and the
boundaries of the provinces shall be defined in the Constitution.
2. The powers and functions of the provinces defined in the Constitution, including the
competence of a provincial legislature to adopt a constitution for its province, shall not be
substantially less than or substantially inferior to those provided for in this Constitution.
3. The boundaries of the provinces shall be the same as those established in terms of this
Constitution.
4. Amendments to the Constitution which alter the powers, boundaries, functions or
institutions of provinces shall in addition to any other procedures specified in the
Constitution for constitutional amendments, require the approval of a special majority of
the legislatures of the provinces, alternatively, if there is such a chamber, a two-thirds
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