South Africa's Constitution comes into force
On 4 February 1997 the Constitution of the Republic of South Africa, 1996 took effect as the country's supreme law, the final step after its adoption, certification by the Constitutional Court and signing.
Photo: Constitution enacted by the Constitutional Assembly of South Africa; text scanned by User:Htonl · Public domain
The Constitution of the Republic of South Africa, 1996 came into force on 4 February 1997. It was the last of several steps. The Constitutional Assembly, made up of both houses of Parliament, adopted the text in Cape Town on 8 May 1996. The Constitutional Court then had to certify that it met the constitutional principles agreed during the negotiations. On 6 September 1996 the Court declined to certify some clauses, the Assembly passed an amended text on 11 October, and on 4 December 1996 the Court approved it unanimously.
President Nelson Mandela signed it at Sharpeville on 10 December 1996, which is a separate moment on this site. It was published in the Government Gazette on 18 December 1996 as Act 108 of 1996. Its commencement on 4 February 1997 was a legal step that applied across the country, not a ceremony at one venue.
Why it matters
The 1996 Constitution, with its Bill of Rights, replaced the interim arrangements of the transition and remains the supreme law against which every other law and every exercise of public power in South Africa is measured.
- Source: Constitutional Court of South Africa, "The certification process" · South African History Online, "New SA Constitution takes effect" · SAFLII, Certification of the Amended Text of the Constitution of the Republic of South Africa, 1996 [1996] ZACC 24 (4 December 1996) · Constitution Hill, "8 May 1996: the story of the day that the Constitution was adopted"
Where it happened
South Africa (national commencement)
Commencement was a legal event that took effect nationwide on 4 February 1997. There was no single venue, so the map shows the whole country.
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Where it happened National
South Africa (national commencement)
Commencement was a legal event that took effect nationwide on 4 February 1997. There was no single venue, so the map shows the whole country.
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Institution Exact site
Parliament, Cape Town (Constitutional Assembly)
The Constitutional Assembly sat in Parliament in Cape Town and adopted the final text here on 8 May 1996, nine months before commencement. This marks the institution that wrote the text, not a commencement ceremony. Coordinates from OpenStreetMap (Old Assembly Chamber).
