South Africa is a constitutional democracy. The Constitution of the Republic of South Africa, Act 108 of 1996, is the supreme law in the country. It sets out the values that should be upheld by all government institutions and provides for fundamental rights and freedoms. It sets out the values and principles of our democracy and provides a framework for government.
The Constitution provides for a three-tiered system of governance at the national, provincial and local levels.
The Constitution also provides for cooperative governance as an alternative to government by one individual or group.
Legislation passed by Parliament, government regulations and decisions of the courts supplemented the Constitution. Legislation is made by Parliament, which has the power to make laws for the whole country. Laws are made after Parliament has carefully considered public opinion and debate on a particular issue or area of life. Governmental regulations are made by Ministers, who take decisions on behalf of government departments in accordance with legislation.
Governmental regulations are created by government departments and agencies to regulate certain aspects of society such as health care or environmental protection. Jurisprudence comprises all case law – decisions made by courts on individual cases – as well as legal theory which includes academic writings on various aspects of the law.
