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Constitution
Contents

Chapter 1
1-6 Founding Provisions

Chapter 2
7-39 Bill of Rights

Chapter 3
40-41 Co-operative Government

Chapter 4
42-82 Parliament

Chapter 5
83-102 The President and National Executive

Chapter 6
103-150 Provinces

Chapter 7
151-164 Local Government

Chapter 8
165-180 Courts and Administration of Justice

Chapter 9
181-194 State Institutions Supporting Constitutional Democracy

Chapter 10
195-197 Public Administration

Chapter 11
198-210 Security Services

Chapter 12
211-212 Traditional Leaders

Chapter 13
213-230 Finance

Chapter 14
231-243 General Provisions

Schedule 1
National Flag

Schedule 2
Oaths and Solemn Affirmations

Schedule 3
Election Procedures

Schedule 4
Functional Areas of Concurrent National and Provincial Legislative Competence

Schedule 5
Functional Areas of Exclusive Provincial Legislative Competence

Schedule 6
Transitional Arrangements

Schedule 7
Laws Repealed

Amendments
Constitution of the Republic of South Africa Amendment Act 35 of 1997
Constitution of the Republic of South Africa Amendment Act 65 of 1998
Constitution of the Republic of South Africa Second Amendment Act 87 of 1998
Constitution of the Republic of South Africa Second Amendment Act 2 of 1999
Constitution of the Republic of South Africa Amendment Act 3 of 1999

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Chapter 12
Traditional Leaders

Recognition

211. (1) The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.

(2) A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.

(3) The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.

Role of traditional leaders

212. (1) National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.

(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law

national or provincial legislation may provide for the establishment of houses of traditional leaders; and
national legislation may establish a council of traditional leaders.

Index | Chapter 13