The Constitution of the Republic of South Africa

1994 ◽  
Vol 38 (1) ◽  
pp. 70-77 ◽  
Author(s):  
John Hatchard

“We the people of South Africa declare that … there is a need to create a new order in which all South Africans will be entitled to … enjoy and exercise their fundamental rights and freedoms.” (Preamble to the Constitution of the Republic of South Africa)

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms


Author(s):  
Thandekile Phulu

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.


2016 ◽  
Vol 1 ◽  
pp. 36-43
Author(s):  
Ucok Agus Saputra

Post-fall of the New Order regime, the action of Islamic radicalism spreads out fast in Indonesia. Unluckily, actors and the perpetrators are mostly Muslimand claiming graduated from Islamic educational institutions. Radical Islamic movements nowadays are worrying the people and threaten the life of the nation that contains the values of pluralism, tolerance, and acculturative, including in religion. According to way of life on Indonesian, Pancasila, and the 1945 Constitution and the Republic of Indonesia which is the basics of nation and state are also threatened. even their movement tends to do with violence. Proven by the presence of several violent incidents that resulted in deaths were not counted. (National Agency for Counter of Terrorism, 28/8/2002). Therefore, Indonesia  (and even the world) needs strategies to prevent the anti-radicalism and terrorism. Learning the last fact, education that be designed by conforming new model of learning for Moslem Teacher is absolutely needed. The approach to the handle the Islamic radicalism must always be strived, One of models is through character education. Education is partly done by reconstructing the Islamic Religious Education (PAI) that is taught in educational institutions. Reconstruction of PAI should be able to produce learners that possess attitude of tolerant, moderate and inclusive. In short, there is a tendency of systematic efforts made by certain religious groups to teach the doctrine of religious hardliners among students of Elementary School (SD), that often reborn radicalization. Here, the writer will show how Moslem teacher can take anti-radicalims learing by some new models that can be implemented, namely the de-radicalization preventive, de-radicalization preservative against moderate Islam, and  curative deradicalised.


Author(s):  
Nic Olivier ◽  
Carin Van Zyl

This article provides an overview of some developments, internationally, regionally and in the SADC, in relation to development, that may be expected to influence the South African government’s response to the development needs of the people in the country.  An overview is provided of the somewhat haphazard way in which the Constitution of the Republic of South Africa, 1996 refers to the need for and objective of development (including rural development) in the country.  Through their explanatory outline of three distinct phases in South African rural development law and policy: 1994–2000 (the Reconstruction and Development Programme and related documents and their implementation); 2000–April 2009 (the Integrated Sustainable Rural Development Strategy and its implementation) and April 2009+ (the Comprehensive Rural Development Programme and related documents), the authors review some of the historical strengths and future prospects related to rural development in South Africa.  Based on an assessment of historical trends, a number of recommendations are made for government’s way forward in the implementation of the constitutional objectives, law and policy relevant to rural development in the country.


2008 ◽  
Vol 29 (3) ◽  
pp. 708-727
Author(s):  
A G Van Aarde

“The RDP of the Soul”, violence, revenge, tolerance and Paul’s appeal for enduranceThis article links up with both the Fourth Nelson Mandela Commemorative Lecture presented by the previous President of the Republic of South Africa, Thabo Mbeki, in 2006, titled the “RDP of the Soul” and with the book of Dr Richard Burridge (King’s College, University of London), Imitating Jesus, in which he shows how biblical ethics has shaped South Africans’ lives since colonialism, apartheid and post- and neo-colonialism. The article argues that moral leadership by the Christian faith community in South Africa which combats violence by rising up in compassion against injustice can counter-balance the spiralling out of retaliation through revenge. The article describes tolerance in terms of the Pauline concept of endurance and the internalisation of hope for the future. Perseverance despite suffering is seen as the contents of tolerance in the midst of aggressive opposition against the essence of life experienced in terms of an individual’s thinking, willing and feeling. The article is a reworked version of a bilingual commemorative public lecture in English and Afrikaans presented on the occasion of the University of Pretoria’s centenary celebration and is dedicated to Professor Dr P J G Meiring, a member of the Commission of Peace and Reconciliation in South Africa.


2017 ◽  
Vol 13 (7) ◽  
pp. 158
Author(s):  
M. Tauchid Noor ◽  
Kamarudin Kamarudin

The amendment of the 1945 Constitution sets that governors, regents, and local mayors are democratic in their election, originally selected by the legislative assembly and latterly sifted into direct election from the people. Based on the regulation No. 22 of 2007, it states that the election of local leader and co-leader is characterized as the part of general election regime, and thus it brings impact on local election, which should run directly as well. This article examines the arising problems on local election after the amendment of the 1945 Constitution, which reveals various problematic factors in the implementation of direct election for local head has been officially established. Indonesia has run local election many times in different eras, including in Dutch colonialism, Japan colonialism, and post-independence era. In post-independence era, Indonesia also has various political climates and traditions and including Old Order, New Order, and reformation era. The alteration of this general election system aims to provide fair democracy for all people to vote for their local leaders. The implementation, however, encounters several factors and problems derived from the level of participation up to the readiness of local election committee.


1958 ◽  
Vol 14 (4) ◽  
pp. 340-355 ◽  
Author(s):  
Kenneth Scott Latourette

The Great Seal of the United States, designed in the early days of the Republic, has on it symbolism whose significance is often overlooked. On one side is an eagle which grasps with one talon a branch and with the other a sheaf of arrows. Above its head are “E Pluribus Unum” and thirteen stars for the original states bound together in one nation. The other side has on it an unfinished pyramid. The foundation bears the number MDCCLXXVI. Above the pyramid is the eye of God flanked by the words “Annuit Coeptis,” namely, “He smiles on the undertakings.” Underneath is the phrase “Novus Ordo Seculorum,” meaning “New Order of the Ages.” Here succinctly is the vision which inspired the founding fathers of the new nation. The thirteen colonies had become one, prepared to face together the exigencies of the future, whether for preservation in self-defense or for cooperation in the arts of peace. Here was an attempt at building something novel in the history of mankind—a new and ordered structure. That structure, as yet incomplete, was based upon the Declaration of Independence, with its best-remembered phrases: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness—that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” Here is “the American dream.” As “four score and seven years” later Abraham Lincoln even more briefly described it, the new nation was “conceived in liberty and dedicated to the proposition that all men are created equal” and its success or failure was a test whether “government of the people, by the people, for the people” could “long endure.” To that dream faith in God, in His creative activity, and in His sovereignty was basic.


1998 ◽  
Vol 36 (3) ◽  
pp. 381-398 ◽  
Author(s):  
John Hatchard

A constitution enjoys a special place in the life of any nation, for it regulates not only the exercise of political power, but also the relationship between political entities and between the state and persons. Being the supreme law, it helps to shape the organisation and development of society both for the present and for future generations, and sets objective standards upon which the people and the international community can judge government performance, thus providing a measure of accountability and transparency in national and local affairs. Further, a constitution sets out the rights and duties of the citizens, and provides mechanisms to enable them to protect their interests. Overall a constitution can contribute to the development of a politically active civil society as well as promoting good governance, accountability and the rule of law.Prior to the 1990s the history of constitutions and constitutionalism in Commonwealth Africa, as elsewhere on the continent, was bleak. The newly independent states started life with the Westminster export model constitution bestowed upon them by the British. There was little or no opportunity for public debate on the document, and the nationalist leaders themselves had no genuine choice as to its structure and contents. The futility of forcing the model on the newly independent states, in the words of Karugire ‘a triumph of hope over experience’, inevitably led to constitutional instability and a round of constitution-making and amendment wholly designed to enhance executive power, remove checks and balances, and undermine the enjoyment of fundamental rights and freedoms.


Itinerario ◽  
2001 ◽  
Vol 25 (3-4) ◽  
pp. 143-153
Author(s):  
Robert Ross

What is, and was, South Africa? This is clearly not a question which has a single answer, nor has it ever had one. On the one hand, there is a constitutional answer. In these terms, South Africa did not exist before the creation of the Union in 1910 and since then has been the state created then, transformed into the Republic of South Africa in 1961 and transformed once again with the ending of white minority rule in 1994. On the other hand, there are innumerable answers, effectively those to be found in the minds of all South Africans, and indeed all those foreigners who have an opinion about the country. Nevertheless, these opinions are not random. Clearly, there are regularities to be found within them, such that it is possible, in principle, to describe at the very least the range of answers to this question which were held within particular groups of the population, either within the country or outside it, and also to use specific sources, emanating from a single person, or group of individuals, as exemplary of the visions held by a far wider group.


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