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The Constitution of the Republic of South Africa, 1996. Photo By PHParsons –

10 Facts About The adoption of the Constitution in South Africa

Prior to the Constitution, African countries were governed by legal traditions, customary laws, and religious rules. The British, Dutch, and French governments influenced the need for a statutory law when they took over African countries. Legal systems from the West ruled the colonies until they gained independence and became republics.

Although South Africa (SA) became an independent state in 1961, its first Constitution was enacted in 1910, when it was still under British rule. The Constitution mainly touched on internal affairs matters and maintained the British Crown as the ceremonial head of State. The Union of South Africa’s governor-general acted as a Monarch representative.

In 1931, the Statute of Westminister altered several governing limitations in the 1910 constitution. It was proceeded by the 1934 Status of the Union Act, which declared South Africa a sovereign independent state. 

After gaining independence in 1961, the Union of SA seized to exist, and the Republic of SA was born. The Status of Union Act was replaced by the Republic of South Africa Constitution Act which was later made the Constitution. Its constitutional conventions and government structure were somewhat similar to the British system, where the parliamentary-elected State President took over the role of the Queen and Governor-General.

In 1991, talks were underway to formulate what is now the current Constitution of South Africa. In 1993, an interim constitution was put in place to allow the restructuring of the old government to a newly elected one.

After the elections of 1994, the Constitution of South Africa was officially approved by the Constitutional Court in 1996 but took full effect In February 1997. As it stands now, the Constitution of SA has had 17 amendments since its final draft in 1996.

1. The Constitution In South Africa Became The Supreme Rule

The courtroom of the Constitutional Court of South Africa. Photo By Stefan Schäfer, Lich –

The Constitution overpowers all government bodies and officials, including the president of the State, meaning any violation is punishable by law. Additionally, no statutes against it can be passed by the legislature.

Before having a common constitution, the republic of SA was segregated into four British dependencies: Cape Colony, Orange Free State, Natal, and Transvaal. It became a constitutional democratic republic in 1994 and adopted its current Constitution.

2. South Africa Has Adopted Five Constitutions Into Law

The first Constitution of SA was endorsed in 1910 by the South Africa Act under the British government. At the time, SA was known as the Union of South Africa after merging the individual colonies of Orange Free State and the South African Republic.

The 1934 Status of Union Act empowered SA to apply its acts without the influence of the British Parliament. In 1961, SA was banned from the Commonwealth. It gained independence and adopted a new constitution that lasted for 32 years.

In 1993, an interim constitution was put in place to enable all citizens to participate in choosing a government that would enact a just constitution. The Final Constitution came into effect in 1997 after its promulgation by the then-president of South Africa, Nelson Mandela.

3. The Adoption Of The Constitution In South Africa Transformed The Country’s Governance System

In August 1960, white South Africans voted on whether or not SA would become a republic. More than half of the total votes were in agreement, and after 51 years of being a British protectorate, SA became a republic. This change replaced the 1934 Status of Union Act with the Republic of South Africa Constitution enacted in May 1961.

The 1993 constitution adopted the Westminster system of governance whereby the Head of State played similar roles to the Governor General and the British Crown. The Head of State, however, was independent and was not under the supervision of the monarch.

4. The Lack of Political Inclusion Led To The Adoption of An Interim Constitution

The first democratic elections in South Africa were held in 1994 after 46 years of apartheid. To ensure a fair election, an interim constitution had to be created. The 1961 constitution did not cater to the political rights of the non-whites making less than half the population eligible for voting.

Thanks to the interim Constitution, the first multi-racial elections of 1994 placed the government of the people by the people in power. This government then drew up and approved the Final Constitution in 1996.  

Read more on the political consequences of apartheid in South Africa here.

5. It Brought An End To The Apartheid Policies

The interim Constitution of 1993 was the first Constitution that was enacted post-apartheid. It focused on the civil and political rights of the citizens of South Africa by providing fundamental rights, freedoms, and liberties. It represented the interest of both the National Party (white minority government) and the African National Congress (political party representing the people of color).

 Today, the rights and freedom of persons and the press within South Africa are highlighted in Chapter 2 of the current Constitution.

6. The Constitution Altered And Redefined The Initial Boundaries of South Africa’s Provinces

Areas and boundaries affected by the Twelfth Amendment. Photo By Htonl –

The Constitution’s 12th (2005) and 16th Amendments (2009) made significant changes in the boundaries of seven out of nine provinces. It sought to redefine the provinces in terms of municipalities. The interim Constitution had defined the country’s provincial boundaries regarding magisterial districts and former Bantustans.

The changes were met with opposition through protests, boycotts, and stayaways. Some provinces, such as Gauteng, retained their municipalities while others, such as KwaZulu Natala, took their complaints to court. Eventually, the changes in Chapter 6 of the Constitution were enacted in all seven provinces except Western Cape and Free State.

7. The Adoption of The Constitution In South Africa Led To The Creation Of Human Right Institutions

The Constitutional Court of South Africa at Constitution Hill, Braamfontein, Johannesburg. Photo By André-Pierre –

The interim Constitution led to the establishment of the human rights institutions such as the Human Rights Commission, the Commission on Gender Equality, and the Constitutional Court.

The main objective of these commissions is to promote unity on the basis of equality and protect the human rights of all South Africans and their cultural practices. These commissions are still protected by Chapter 9 of the constitution.

8. It Sought To Safeguard South Africa and Its People

Unlike other laws in the country, the Constitution of South Africa is difficult to amend.  Chapter 1, which describes the symbols of national unity such as the national anthem and the power of the Constitution itself, and Chapter 2, which is the bill of rights are the most delicate parts of the constitution.  

For a crucial amendment to be approved, ¾ of the members of the National Assembly have to concur with the changes. Moreover, 6 out of the nine state provinces must also reach the same consensus. This ensures that changes made are out of majority rule, protecting the country and its citizens from tyrants.

Read more on the facts about the national anthem of South Africa here.

9. The Constitutional Influenced The Location Of South Africa’s Capital

Image of Pretoria CBD. Photo By Clayton Majona –

After the merger of the British dependencies in 1910, the Union of South Africa had to pick a city as its capital. Numerous discussions were held, but unfortunately, no unanimous decision was made. It was then agreed upon that the functions of the capital city would be distributed amongst every province.

The Union’s parliament was in Cape Town (Cape Province), the Appellate Division in Bloemfontein (Orange Free State), State archives in Pietermaritzburg (Natal), and finally, the administration offices in Pretoria (Transvaal). When the Union eventually became a republic, Pretoria maintained its administrative function and became the only capital city of the Republic of South Africa.

 10. The Constitution In South Africa Officiated More Than Ten Languages

Before the existing Constitution, Dutch/Afrikaans and English were the only languages that had been recognized as official. The current Constitution names 11 languages, namely Afrikaans, English, and nine sub-languages under Southern Bantu Makua as the country’s official languages.

According to Chapter 1, all the official and unofficial languages are protected, promoted and developed by the Pan South African Language Board.

Read more on the languages of South Africa here.