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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
Participation in Public Life and Institutions
South Africa
- English(1) The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police service, to control and manage the police service.
…
(3) The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties.
… (Sec. 207)
Participation in Public Life and Institutions
South Africa
- English(1) There is a single Public Service Commission for the Republic.
…
(10) A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is –
(a) a South African citizen; and
(b) a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.
… (Sec. 196)
Participation in Public Life and Institutions
South Africa
- English(1) The Public Protector and the members of any Commission established by this Chapter must be women or men who -
(a) are South African citizens;
(b) are fit and proper persons to hold the particular office; and
(c) comply with any other requirements prescribed by national legislation.
(2) The need for a Commission established by this Chapter7 to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.
(3) The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.
(4) The President, on the recommendation of the National Assembly, must appoint the Public Protector, the Auditor-General and the members of -
(a) the South African Human Rights Commission;
(b) the Commission for Gender Equality; and
(c) the Electoral Commission.
… (Sec. 193)
Participation in Public Life and Institutions
South Africa
- English(1) The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.
(2) The composition of the Commission must –
(a) be broadly representative of the main cultural, religious and linguistic communities in South Africa; and
(b) broadly reflect the gender composition of South Africa. (Sec. 186)
Property, Inheritance and Land Tenure
South Africa
- English...
(4) For the purposes of this section—
(a) the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and
(b) property is not limited to land.
(5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
(6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
(7) A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
(8) No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
(9) Parliament must enact the legislation referred to in subsection (6). (Sec. 25)
Protection from Violence
South Africa
- English(1) Every child has the right—
…
(d) to be protected from maltreatment, neglect, abuse or degradation;
(e) to be protected from exploitative labour practices;
…
(i) not to be used directly in armed conflict, and to be protected in times of armed conflict.
… (Sec. 28)
Protection from Violence
South Africa
- English(1) Everyone has the right to freedom of expression, …
(2) The right in subsection (1) does not extend to –
(a) propaganda for war;
(b) incitement of imminent violence; or
(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. (Sec. 16)
Protection from Violence
South Africa
- EnglishNo one may be subjected to slavery, servitude or forced labour. (Sec. 13)
Protection from Violence
South Africa
- English(1) Everyone has the right to freedom and security of the person, which includes the right -
…
(c) to be free from all forms of violence from either public or private sources;
(d) not to be tortured in any way; and
(e) not to be treated or punished in a cruel, inhuman or degrading way.
(2) Everyone has the right to bodily and psychological integrity, which includes the right –
(a) to make decisions concerning reproduction;
(b) to security in and control over their body;
(c) not to be subjected to medical or scientific experiments without their informed consent. (Sec. 12)
Public Institutions and Services
South Africa
- English(1) When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.
(2) Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for –
(a) categories of preference in the allocation of contracts; and
(b) the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.
(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented. (Sec. 217)