# Constitution of the Republic of South Africa, 1993

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The Constitution of the Republic of South Africa, 1993, also known as the "Interim Constitution", was the constitution of South Africa from 27 April 1994 to 4 February 1997. It enumerated a bill of rights for the people of South Africa. It described the division of South Africa into nine provinces, and established the structure of national, provincial and local spheres of government and the principles that governed the interaction between the spheres. It established a single independent national judiciary along with various other independent organisations to support democracy and the constitution.
The Interim Constitution was drafted in 1993 by the "Multiparty Negotiating Forum" and came into effect on the day of the elections of 1994. It required the two houses of Parliament to sit jointly as the "Constitutional Assembly" to draft the text of a new constitutional text. This new constitutional text came into force on 4 February 1997 as the Constitution of the Republic of South Africa, 1996, at which time the Interim Constitution was repealed.
From its enactment to its repeal, the Interim Constitution was amended ten times. Most of these amendments were technical, but some were of great political significance, such as the first and second amendments of 1994, which implemented the constitutional consequences of the compromise which, at the last minute, convinced the Inkatha Freedom Party to participate in the 1994 election. Other significant amendments included the renaming of five of the nine provinces.
This is the text as originally enacted and does not incorporate any amendments. A series of other versions incorporating amendments are also available on Wikisource; the version as amended up to 24 April 1996 is the text of the act as it was immediately before it was repealed.
Act
To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto.
Table of Contents
| | | Sections |
| Chapter 1 | Constituent and Formal Provisions | 1–4 |
| Chapter 2 | Citizenship and Franchise | 5–6 |
| Chapter 3 | Fundamental Rights | 7–35 |
| Chapter 4 | Parliament | 36–39 |
| | —The National Assembly | 40–47 |
| | —The Senate | 48–54 |
| | —The National Assembly and the Senate | 55–67 |
| Chapter 5 | The Adoption of the new Constitution | 68–74 |
| Chapter 6 | The National Executive | 75–95 |
| Chapter 7 | The Judicial Authority and the Administration of Justice | 96–109 |
| Chapter 8 | The Public Protector, Human Rights Commission, Commission on Gender Equality and Restitution of Land Rights |
| | —The Public Protector | 110–114 |
| | —Human Rights Commission | 115–118 |
| | —Commission on Gender Equality | 119–120 |
| | —Restitution of Land Rights | 121–123 |
| Chapter 9 | Provincial Government | 124 |
| | —Provincial Legislative Authority | 125–143 |
| | —Provincial Executive Authority | 144–154 |
| | —Provincial Finance and Fiscal Affairs | 155–159 |
| | —Provincial Constitutions | 160–162 |
| | —Commission on Provincial Government | 163–173 |
| Chapter 10 | Local Government | 174–180 |
| Chapter 11 | Traditional Authorities | 181–184 |
| Chapter 12 | Finance |
| | —General Financial Affairs | 185–190 |
| | —Auditor-General | 191–194 |
| | —South African Reserve Bank | 195–197 |
| | —Financial and Fiscal Commission | 198–206 |
| | —Commission on Remuneration of Representatives | 207–208 |
| Chapter 13 | Public Service Commission and Public Service | |
| | —Public Service Commission | 209–211 |
| | —The Public Service | 212 |
| | —Provincial Service Commissions | 213 |
| Chapter 14 | Police and Defence | |
| | —South African Police Service | 214–223 |
| | —National Defence Force | 224–228 |
| Chapter 15 | General and Transitional Provisions | 229–251 |
| Schedule 1 | Part 1: Definitions of Provinces |
| | Part 2: Contentious Areas |
| Schedule 2 | System for Election of National Assembly and Provincial Legislatures |
| Schedule 3 | Oaths and Affirmations of Office |
| Schedule 4 | Constitutional Principles |
| Schedule 5 | Procedure for Election of President |
| Schedule 6 | Legislative Competences of Provinces |
| Schedule 7 | Repeal of Laws |
Preamble
Whereas 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 democratic 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 whereas 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 whereas 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;
(Afrikaans text signed by the State President.) (Assented to 25 January 1994.)
Now therefore the following provisions are adopted as the Constitution of the Republic of South Africa:
This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.
According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."
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