South Africa is an African country located on the shores of the Atlantic and Indian Ocean, sharing a border with Namibia, Botswana, Zimbabwe, Mozambique, Eswatini. In addition, there is an independent sovereign state called Lesotho within South Africa. South Africa has a population of 6,30,15,000 approximately, and an area of 12,21,037 square kilometers.
Nelson Mandela's name is well-known around the world, and the history of South Africa is known to almost everyone. In South Africa, the ethnic composition is 81% black, 8% mixed, 7% white, 3% Indian, 1% other. There are more than 10 official languages, although in reality Zulu is the most widely used, at about 24%; and the popularity of English is increasing day by day in private offices. In terms of religion, 85% are Christian, 8% believe in traditional religions, 3% do not believe in any religion, 1% are Muslim and 1% are Hindu, and 2% are other.
The South African constitution is well-written. Whoever wrote it were very hardworking and intelligent. The constitution sets out the basic principles of how the administration of the country will be conducted at all levels, including the national, provincial and local levels, the responsibilities of parliament, and the functioning of the courts.
Freedom of speech is free, but propaganda for war; incitement to imminent violence; or propaganda of hatred is prohibited. No one may be denied emergency treatment in a hospital. Provincial and local governments shall receive a portion of the revenue collected by the national government, so that they are able to provide basic services and perform the functions assigned to them. In addition, the national government may make other allocations from the revenue collected, either conditionally or unconditionally.
These are positive aspects. Now let's discuss the negative aspects.
World has an extreme population. Not having children, or having only one, is dangerous, while having more than two children is responsible for excess population. Therefore, the number of children per person should be controlled. It was effective in China for a long time, and the Assam government in India has taken various effective steps against excessive births. But Article 12 of the South African Constitution gives unlimited freedom in having children.
And through Articles 211 and 212, the constitutional government has been given a thumbs-down and the goon culture has been empowered. Those who have no qualification or public support to work for the common people after winning the elections, they favor Articles 211 and 212.
Admirable Articles of South Africa's Constitution
1. Republic of South Africa
The Republic of South Africa is one, sovereign, democratic state founded on the following values:
● Human dignity, the achievement of equality and the advancement of human rights and freedoms.
● Non-racialism and non-sexism.
● Supremacy of the constitution and the rule of law.
● Universal adult suffrage, a national common voters roll, regular elections and a multiparty system of democratic government, to ensure accountability, responsiveness and openness.
3. Citizenship (Part of it)
● There is a common South African citizenship.
● All citizens are-
● equally entitled to the rights, privileges and benefits of citizenship; and
● equally subject to the duties and responsibilities of citizenship.
12. Freedom and security of the person (Part of it)
● Everyone has the right to freedom and security of the person, which includes the right-
● not to be deprived of freedom arbitrarily or without just cause;
● not to be detained without trial;
● to be free from all forms of violence from either public or private sources;
● not to be tortured in any way; and
● not to be treated or punished in a cruel, inhuman or degrading way.
13. Slavery, servitude and forced labour
No one may be subjected to slavery, servitude or forced labour.
15. Freedom of religion, belief and opinion (Part of it)
● Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
● Religious observances may be conducted at state or state-aided institutions, provided that-
● those observances follow rules made by the appropriate public authorities;
● they are conducted on an equitable basis; and
● attendance at them is free and voluntary.
16. Freedom of expression
1. Everyone has the right to freedom of expression, which includes-
a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.
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.
19. Political rights
1. Every citizen is free to make political choices, which includes the right-
a. to form a political party;
b. to participate in the activities of, or recruit members for, a political party; and
c. to campaign for a political party or cause.
2. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.
3. Every adult citizen has the right-
a. to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and
b. to stand for public office and, if elected, to hold office.
22. Freedom of trade, occupation and profession
Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
23. Labour relations (Part of it)
● Everyone has the right to fair labour practices.
● Every worker has the right-
● to form and join a trade union;
● to participate in the activities and programmes of a trade union; and
● to strike.
● Every employer has the right-
● to form and join an employers’ organisation; and
● to participate in the activities and programmes of an employers’ organisation.
● Every trade union and every employers’ organisation has the right-
● to determine its own administration, programmes and activities;
● to organise; and
● to form and join a federation.
24. Environment
Everyone has the right-
1. to an environment that is not harmful to their health or well-being; and
2. to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that-
a. prevent pollution and ecological degradation;
b. promote conservation; and
c. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
26. Housing
1. Everyone has the right to have access to adequate housing.
2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
3. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
27. Health care, food, water and social security
● Everyone has the right to have access to-
● health care services, including reproductive health care;
● sufficient food and water; and
● social security, including, if they are unable to support themselves and their dependents, appropriate social assistance.
● The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
● No one may be refused emergency medical treatment.
28. Children
1. Every child has the right-
a. to a name and a nationality from birth;
b. to family care or parental care, or to appropriate alternative care when removed from the family environment;
c. to basic nutrition, shelter, basic health care services and social services;
d. to be protected from maltreatment, neglect, abuse or degradation;
e. to be protected from exploitative labour practices;
f. not to be required or permitted to perform work or provide services that-
i. are inappropriate for a person of that child’s age; or
ii. place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;
g. not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be-
i. kept separately from detained persons over the age of 18 years; and
ii. treated in a manner, and kept in conditions, that take account of the child’s age;
h. to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and
i. not to be used directly in armed conflict, and to be protected in times of armed conflict.
2. A child’s best interests are of paramount importance in every matter concerning the child.
3. In this section ‘child’ means a person under the age of 18 years.
227. National sources of provincial and local government funding (Part of it)
● Local government and each province-
● is entitled to an equitable share of revenue raised nationally to enable it to provide basic services and perform the functions allocated to it; and
● may receive other allocations from national government revenue, either conditionally or unconditionally.
● Additional revenue raised by provinces or municipalities may not be deducted from their share of revenue raised nationally, or from other allocations made to them out of national government revenue. Equally, there is no obligation on the national government to compensate provinces or municipalities that do not raise revenue commensurate with their fiscal capacity and tax base.
Facts of South Africa's Constitution
12. Freedom and security of the person (Part of it)
● Everyone has the right to bodily and psychological integrity, which includes the right-
● to make decisions concerning reproduction;
● to security in and control over their body; and
● not to be subjected to medical or scientific experiments without their informed consent.
211. Recognition
● The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
● 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.
● The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.
212. Role of traditional leaders
● National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
● 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-
● national or provincial legislation may provide for the establishment of houses of traditional leaders; and
● national legislation may establish a council of traditional leaders.
