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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Interim Constitution
Record 413

Country :

South Africa

Agreement Title/Name:
Interim Constitution
Year :
1993
Date Signed :

6 December 1993

Summary :


Parties :
Third Parties :
Statehood/Identity :
Section 1. rep of SA as one sovereign state; section 2. national symbols; 3. languages (series of language for equal use and protection, allowing regional differentiation in language policy, provision for Pan South African Language Board to protect these principles; Chapter 6 National Exec, 76. Head of State, 77. election of president, 81-82, responsibilities, powers, and functions of President; s. 88 party holding at least 20 seats in the National Assembly entitled to one or more cabinet portfolios; 89. cabinet procedure; 95. cabinet members declining to serve to be disregarded in terms of s. 88. Chapter 7. Judicial Authority and Admin of Justice, 98. constitutional court and its jurisdiction; Chapter 11. Transitional Authorities, s. 181 traditional authority of indigenous law to continue, subject to regulation by law, s. 183 Provincial House of Traditional Leaders (in each province)
Governance/Democratic Inst :
Section 4. Constitution supreme law of the republic; Chapter 4. Parliament (ss. 36-47. national assembly; ss. 48-54 senate; Chapter 9. Provincial Govt (s.163 established Commission on Provincial Govt); Chapter 10. local govt, Chapter 11. Traditional Authorities; Section 234. Transitional Arrangements: Legislative authorities, 235. exec authorities, 241. transitional arrangements: judiciary;
Women :
s. 119 Commission on Gender and Equality
Amnesty :
Chapter 13. National Unity and Reconciliation: In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offenses associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining a firm cut-off date, which shall be a date after 8 Oct 1990 and before 6 Dec 1993, and providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with at any time after the law has been passed.
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Chapter 8. Public Protector, Human Rights Commissions, ss.115-16 establishment, appointments, powers and functions of HRC; s. 119 Commission on Gender and Equality
Human Rights Framework :
Chapter 3. Fundamental Rights - section 7. to bind all levels of govt; section 8. equality; 9. life, 10. human dignity, 11. freedom and security of the person, 12. servitude and forced labour, 13. privacy, 14. religion, belief and opinion, 15. freedom of expression, 16. Assembly, demonstration, petition, 17. association, 18. movement, 19. residence, 20. citizens rights, 21. political rights, 22. access to court, 23. access to info, 24. administrative justice, 25. detained, arrested and accused persons, 26. economic activity, 27. labour relations, 28. property, 29. environment, 30. children, 31. right to use own language and participate in own culture, 32. education, 33. limitations; Section 62. Bills amending Constitution require sitting of both Houses with 2/3 majority supporting the proposed change
Judicial Reform :
Not Applicable
Policing :
Chapter 14. Police and Defence - section 124. SA Police Force to be established and regulated by act of parliament, with national Commissioner and Provincial commissioner. Section 221. local policing, with establishment of community-policy forums in respect of police stations, Section 222. independent complaints mechanism
Refugees/Land :
section 121. provision for restitution of land to those (groups or communities) dispossessed of it, 121. establishing commission on Restitution of Land Rights
Civil Society :
Section 21. Political Rights - right to form, participate in and recruit members for a political party, to campaign for party or cause, freely to make political choices; Section 67 Public access to Parliament Sittings of the National Assembly or the Senate and joint sittings of the National Assembly and the Senate shall be held in public, and the public, including the media, shall have access to such sittings: Provided that reasonable measures may be taken to regulate such access and to provide for the search and, where appropriate, the refusal of entry or the removal of any person; Section 73(2) provides for 5 South African recognized constitutional experts to be appointed to advise the Constitutional Assembly;
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Section 62. Bills amending Constitution require sitting of both Houses with 2/3 majority supporting the proposed change; Section 71. Constitutional Principles and Certification - new constitutional text to comply with Constitutional principles (schedule 4), be passed by 2/3 of the Constitutional Assembly and Senate, and certified by the Constitutional Court; (section 73) all this to be done within two years;
International Community :
UN Involvement :
Source :
http://www.servat.unibe.ch/law/icl/sf10000_.html


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