It is vital to first have an understanding as to where the Acts stem from, before undertaking the task of examining the Acts, as all of the various Acts erected and legislated by government even though having different reasons as why it was erected all have a common denominator, which all dates back to the country’s oppressive past, Apartheid. The importance of these Acts cannot be stressed anymore simply, due to the history of South Africa, and with this, the Constitution was drafted, which was seen as the supreme law, In term the Constitution therefore represents the collective wisdom of the South African people and has been arrived at by general agreement. The Acts with result were drawn up, and with the following in mind: Preamble
“We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. May God protect our people. Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso. God seën Suid-Afrika. God bless South Africa. Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
In the following report, I will begin to examine and analyse the significance of certain Acts , and in the process assess how the Acts govern central and provincial government.
THE CONSTITUTIONAL ACT 108 OF 1996
Importance of the constitutional Act
The Constitution is the supreme law of the republic of South Africa, and laws erected that is inconsistent with it is invalid, and therefore the obligations imposed by it must be fulfilled. Why is this so important to South Africa? When taking a look at the Preamble and reminisces on the past, one begins to understand the importance of this Act, as South Africa is a democratic state, founded on the values of human dignity; the achievements of equality and the advancement of human rights and freedoms, to provide a non-sexist and non-racist nation, free from the segregation of the past, to promote universal adult suffrage, a national common voters roll, regular elections, to avoid the dictatorship we were enslaved by, and to provide a multi-party system of democratic government, as to ensure that there is accountability, responsiveness and openness. How the Act governs central and provincial government.
The core duty of provincial government is to ensure that the province ‘upholds’ it’s duty in ensuring that it’s people comply with the laws stipulated in the constitution, therefore seeing to it that no individual experiences the injustices endured during the Apartheid regime, which includes the most basic fundamental right; human rights and equality. The provincial or local governments tasks include facilitating public involvement in legislative and other processes of the legislature and it’s committees and 1.Conduct it’s business in an open manner and hold it’s sittings and those of the committees in public, but reasonable measures may be taken, this includes regulating public access, included in this is access of the media to the legislature and it’s committees 2.To provide for the searching of any person and where appropriate the refusal of entry to or removal of any...