South African Constitution: Founding Provisions

• This chapter explores the South African Constitution.
• After completing this chapter, students should understand rights and values in the Constitution.
• Also, they should be able to apply them to contemporary South African education and enhance security in education.
• The Republic of South Africa Constitution Act, 108 of 1996, came into effect on February 4, 1997.

Founding Provisions of the South African Constitution

• The two main groups of founding provisions are the fundamental principles and the Bill of Rights.
• Section 1 of the Constitution outlines the core values on which the Constitution and South African dispensation are based.
• Experts consider these values the most significant part of the Constitution.
• Examples of these key values include human dignity, equality, non-racialism, non-sexism, the Constitution's supreme authority, and the rule of law.
• Section 1 states that South Africa is one, sovereign, and a democratic state founded on specific values.
• These values are human dignity, the achievement of equality, the advancement of human rights and freedoms.
• Furthermore these values include non-racialism, non-sexism, supremacy of the constitution, the rule of law, universal adult suffrage, a national common voters roll, regular elections, and a multiparty system of democratic government to ensure accountability, responsiveness.

Section 2 of the Constitution

• This establishes the Constitution as the highest authority in the country.
• Any conflicting law or regulation is invalid, including any action that conflicts with a constitutional provision.
• The Constitutional Court was established to test statutory provisions and actions against the Constitution.
• Section 6 determines the official languages
• There are 12 official languages in South Africa, all are equal in status.
• The official languages of the Republic are Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa, sign language and isiZulu
• Taking into account of the diminished use and status of the indigenous languages, the state must take practical and positive measures to elevate the status and advance the use of these languages.
• National and provincial governments may use any particular official language, accounting for usage, practicality, expense, regional circumstances, and the balance of needs/preferences.
• The national government and each provincial government must use at least two official languages.
• Municipalities should consider the language usage and preferences of their residents.

Bill of Rights

• Key aspects of the Bill of Rights include juristic person, equality, right to privacy, freedom of association, human dignity, freedom of religion, freedom of expression, children, education, language, culture and religion, just administrative action, limitation clause, and its interpretation.
• Upon completion of this section of the chapter, students should gain insight into the basic meaning of the Bill of Rights, and be able to apply the the rights and values from the Bill of Rights in education. This includes ethical applications and applying it to case studies.
• A juristic person is bound by the Constitution to the same extent as the state and a natural person.
• Section 9 deals with equality and unfair discrimination in the Constitution.
• Everyone is equal before the law and has the right to equal protection and benefit of the law, full and equal enjoyment of rights and freedoms.
• To promote equality, measures designed to protect or advance disadvantaged persons/groups may be taken.
• The state may not unfairly discriminate on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
• No one may unfairly discriminate against another and national legislation must be enacted to prevent unfair discrimination.
• Discrimination on the grounds listed is unfair unless it is established as fair.
• Right to privacy has always been a principle but was elevated as a fundamental right.
• Section 14 contains the right to privacy, including the right not to be searched.
• Freedom of association is outlined by section 18 of the South African Constitution.
• Everyone has the right to freedom of association.
• Section 10 states everyone has the right to human dignity.
• Everyone has inherent dignity and the right to have their dignity respected and protected
• Human dignity is specified as one of the rights; it is also in sections 1 and 7 of the Constitution.
• De Waal explains that human dignity is acknowledgement by others which gives a person intrinsic worth.
• Furthermore, human dignity is the source of many other rights, it forms the basis of equality.

Regarding Freedom of Religion Based on Section 15

• Everyone has the right to freedom of conscience, religion, thought, belief, and opinion.
• Religious observances may be conducted at state or state-aided institutions, provided that the observances follow rules made by the appropriate public authorities, are conducted on an equitable basis, and attendance at them is free and voluntary.
• Section 15 doesn't prevent legislation recognizing marriages under any tradition, religious, personal, or family law as long as it's consistent with other constitutional provisions.
• Everyone has the right to freedom of thought, conscience, and religion, to change religion or belief, manifest religion/belief in teaching, and practice.
• Section 16 protects freedom of expression, which includes freedom of the press, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom, and freedom of scientific research.
• This right does not extend to propaganda for war, enticement to imminent violence or advocacy of hatred based on race, ethnicity, gender, or religion that constitutes incitement to cause harm.