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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
ABOUT 101 RESULTS
Legislature
South Africa
- EnglishIn the Republic, the legislative authority—
(a) of the national sphere of government is vested in Parliament, as set out in section 44;
… (Sec. 43)
Legislature
South Africa
- English(1) A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.
… (Sec. 62)
Legislature
South Africa
- English(1) Parliament consists of –
(a) the National Assembly; and
(b) the National Council of Provinces.
(2) The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.
… (Sec. 42)
Legislature
South Africa
- English(1) Parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in Part B of Schedule 3.
… (Sec. 61)
Legislature
South Africa
- English(1) The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates.
(2) The ten delegates are -
(a) four special delegates consisting of-
(i) the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and
(ii) three other special delegates; and
(b) six permanent delegates appointed in terms of section 61(2).
… (Sec. 60)
Religious Law
South Africa
- English...
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)
Customary Law
South Africa
- English
…
- Indigenous law and customary law, subject to Chapter 129 of the Constitution
… (Schedule 4, Functional Areas of Concurrent National and Provincial Legislative Competence, Part A)
Customary Law
South Africa
- English(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
(a) national or provincial legislation may provide for the establishment of houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders. (Sec. 212)
Customary Law
South Africa
- English(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. (Sec. 211)
Customary Law
South Africa
- English...
(2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. (Sec. 39)