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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Laws Repealed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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Schedule 2
Oaths and Solemn Affirmations

Index of Sections

Oath or solemn affirmation of President and Acting President
Oath or solemn affirmation of Deputy President
Oath or solemn affirmation of Ministers and Deputy Ministers
Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures
Oath or solemn affirmation of Premiers, Acting Premiers and members of provincial Executive Councils
Oath or solemn affirmation of Judicial Officers

Oath or solemn affirmation of President and Acting President

1. The President or Acting President, before the President of the Constitutional Court, or another judge designated by the President of the Constitutional Court, must swear/affirm as follows:

In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B., swear/ solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always-

promote all that will advance the Republic, and oppose all that may harm it;
promote all that will advance the Republic, and oppose all that may harm it;
protect and promote the rights of all South Africans;
discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
do justice to all; and
devote myself to the well-being of the Republic and all of its people

(In the case of an oath: So help me God.)

[Item 1 amended by s. 2 of Act 35 of 1997.]

Oath or solemn affirmation of Deputy President

2. The Deputy President, before the President of the Constitutional Court, must swear/affirm as follows:

In the presence of everyone assembled here, and in full realisation of the high calling I assume as Deputy President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always

promote all that will advance the Republic, and oppose all that may harm it;
be a true and faithful counsellor;
discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
do justice to all; and
devote myself to the well-being of the Republic and all of its people.

(In the case of an oath: So help me God.)

Oath or solemn affirmation of Ministers and Deputy Ministers

3. Each Minister and Deputy Minister, before the President of the Constitutional Court or another judge designated by the President of the Constitutional Court, must swear/affirm as follows:

I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Minister/Deputy Minister with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.

(In the case of an oath: So help me God.)

Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures

4. (1) Members of the National Assembly, permanent delegates to the National Council of Provinces and members of provincial legislatures, before the President of the Constitutional Court or a judge designated by the President of the Constitutional Court, must swear or affirm as follows:

I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic, and I solemnly promise to perform my functions as a member of the National Assembly/ permanent delegate to the National Council of Provinces/member of the legislature of the province of C.D. to the best of my ability.

(In the case of an oath: So help me God.)

(2) Persons filling a vacancy in the National Assembly, a permanent delegation to the National Council of Provinces or a provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the Assembly, Council or legislature, as the case may be.

Oath or solemn affirmation of Premiers, Acting Premiers and members of provincial Executive Councils

5. The Premier or Acting Premier of a province, and each member of the Executive Council of a province, before the President of the Constitutional Court or a judge designated by the President of the Constitutional Court, must swear/affirm as follows:

I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Premier/Acting Premier/member of the Executive Council of the province of C.D. with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.

(In the case of an oath: So help me God.)

Oath or solemn affirmation of Judicial Officers

6. (1) Each judge or acting judge, before the Chief Justice of the Supreme Court of Appeal or another judge designated by the Chief Justice, must swear or affirm as follows:

I, A.B., swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme Court of Appeal/High Court/ E.F. Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.

(In the case of an oath: So help me God.)

(2) A person appointed to the office of Chief Justice of the Supreme Court of Appeal who is not already a judge at the time of that appointment must swear or affirm before the President of the Constitutional Court.

(3) Judicial officers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation.

Index | Schedule 3