Constitution & By-Laws

The Constitution and Your Municipality’s By-Laws

What sits in each chapter of the Constitution, the rights in the Bill of Rights, and how local by-laws work — with the official sources so you can read the exact wording yourself.

The Constitution, chapter by chapter

Chapter 1 · Founding Provisions

South Africa is one sovereign, democratic republic founded on human dignity, equality and the supremacy of the Constitution.

Chapter 2 · Bill of Rights

The rights of every person in the country — equality, dignity, freedom and security, privacy, expression, housing, health, education and more.

Chapter 3 · Co-operative Government

How national, provincial and local government must work together and respect each other’s powers.

Chapter 4 · Parliament

The National Assembly and National Council of Provinces: how laws are made and how Parliament is composed.

Chapter 5 · The President and National Executive

Powers and duties of the President, Deputy President, Cabinet and the public administration.

Chapter 6 · Provinces

The nine provinces, their premiers, legislatures and the executive councils.

Chapter 7 · Local Government

Municipalities, their executive mayors, councils and the duty to deliver services to communities.

Chapter 8 · Courts and Administration of Justice

The Constitutional Court, Supreme Court of Appeal, High Courts, magistrates’ courts and the right of access to courts.

Chapter 9 · State Institutions Supporting Democracy

The Public Protector, Auditor-General, Human Rights Commission, Electoral Commission, and the commissions for gender, culture and language.

Chapter 10 · Public Administration

The values and principles that public servants and state departments must follow.

Chapter 11 · Security Services

The defence force, police, intelligence services and correctional services, and the control they are subject to.

Chapter 12 · Traditional Leaders

The recognition and role of traditional leadership and customary law.

Chapter 13 · Finance

The national revenue fund, the Financial and Fiscal Commission, and how public money may be spent.

Chapter 14 · General Provisions

International law, signing and ratifying agreements, and amending the Constitution.

The Bill of Rights — the sections you will use most

s9

Equality — nobody may be discriminated against, and the law must protect those who have been disadvantaged.

s10

Human dignity — everyone has inherent dignity and the right to have it respected and protected.

s12

Freedom and security of the person — freedom from violence, torture, and arbitrary detention.

s14

Privacy — your home, person, communications and possessions may not be searched or seized arbitrarily.

s16

Freedom of expression — including the press and the freedom to receive and share information.

s21

Freedom of movement — to leave and enter the country, and to live and work anywhere in South Africa.

s26

Housing — access to adequate housing, and no eviction without a court order.

s27

Health care, food, water and social security — the state must take reasonable steps within its resources.

s28

Children — protection, care, nutrition, shelter, health care, and the best interests of the child in every matter.

s32

Access to information — including information held by the state that you need to exercise your rights.

s33

Just administrative action — decisions by officials must be lawful, reasonable and explained in writing.

s35

Arrested, detained and accused persons — information, silence, a lawyer, court within 48 hours and fair trial.

By-laws

What a by-law is

By-laws are local rules made by a municipality under the Constitution and the Municipal Systems Act. They apply only inside that municipality and may be enforced with fines, or in serious cases with arrest.

Everyday by-laws

Common ones cover noise, drinking in public, street trading, dumping and waste collection, open fires, water restrictions, animal and pet control, building plans, and fire safety in public buildings.

Fines and notices

A by-law fine must state the by-law you broke, the amount and the date to respond by. You can pay it, or query it in writing with the issuing municipality within the period on the notice. Keep photographs and any payment proof.

Finding your own by-laws

Every municipality must publish its by-laws on its own website and keep copies at its offices for inspection. Ask the municipal legal services or the city’s by-law unit for the exact wording — it is often the decisive point in a dispute.

Landlords, HOAs and bodies corporate

Complex and estate rules, and house rules in a sectional title scheme, are not by-laws — they are private contracts. They may not override your constitutional rights.

Read the law at the source