A working page, open for review
This page is published while it is still being checked, so that people who know this law, and people it affects, can correct it. It explains the law in plain language, and it does not give legal advice or speak for the Forum, the municipality, or any other body. The official text, linked under At a glance, is what counts. Before you act on anything here, read the official text or ask the body named under Who to ask. To correct or add to this page, see How to Submit.
Questions for reviewers:
- For anyone with legal training: are these the sections residents of the valley most need, and are any important ones missing?
The Constitution of the Republic of South Africa is the country’s highest law [IC]. Any law or conduct that conflicts with it is invalid [IC]. It was adopted in 1996 and came into force on 4 February 1997 [IC]. Every other page in The Rules the Valley Lives By describes a law, by-law, or plan that must fit within it. This page picks out the sections that bear most on life in the valley.
What the letters in square brackets mean
Facts on this page are followed by a tag that shows where they come from.
- [IC] Independently Corroborated. Confirmed by the official text of the law, or by at least two sources that do not depend on each other.
- [MS] Mission-Sourced. Comes from one party’s own documents or statements. It has not been checked against other sources.
- [TBV] To Be Verified. Seems likely, but nobody has confirmed it yet.
Sentences without a tag under What it means in the valley are the Forum’s reading of how the rule could apply here. They are not legal advice.
At a glance
| Full name | Constitution of the Republic of South Africa, 1996 |
| Citation | Constitution of the Republic of South Africa, 1996 |
| Made by | The Constitutional Assembly, certified by the Constitutional Court |
| Administered by | Every organ of state; the courts, above all the Constitutional Court, decide disputes |
| In force since | 4 February 1997 |
| Official text | Government of South Africa |
What it does
The sections below are the ones that come up most in the valley [IC]:
| Section | What it says, in short |
|---|---|
| 2 | The Constitution is the supreme law. Law or conduct inconsistent with it is invalid. |
| 24 | Everyone has the right to an environment that is not harmful to their health or wellbeing, and to have it protected for present and future generations. |
| 25(5) | The state must take reasonable steps to help people gain access to land on an equitable basis. |
| 25(6) | A person or community whose tenure of land is legally insecure because of past racially discriminatory laws or practices is entitled, as an Act of Parliament provides, to tenure that is legally secure or to comparable redress. |
| 26 | Everyone has the right to have access to adequate housing. No one may be evicted from their home without a court order made after considering all the relevant circumstances. |
| 27 | Everyone has the right to have access to sufficient food and water. |
| 32 | Everyone has the right of access to information held by the state. |
| 33 | Everyone has the right to administrative action that is lawful, reasonable, and procedurally fair, and to written reasons when their rights are adversely affected. |
| 152 | The objects of local government include democratic and accountable government, services provided sustainably, social and economic development, a safe and healthy environment, and the involvement of communities in local government. |
| 156 | A municipality may make and administer by-laws on the matters it is responsible for. |
What it means in the valley
On Farm 39. Section 25(6) is the constitutional root of the laws that deal with the mission land. The land of Farm 39 was held under laws made for “coloured rural areas”, and TRANCRAA is one of the Acts of Parliament through which the promise of secure tenure is meant to be kept. The Interim Protection of Informal Land Rights Act protects rights while that promise is still being kept.
In Madiba Park. Sections 26 and 27 give everyone a right of access to housing and water, and the state must take reasonable steps within its available resources to realise them [IC]. Section 26(3) means that no one may be evicted from their home without a court order [IC]. These rights apply whoever owns the land. How they apply where the municipality says it cannot serve land it does not own is the kind of question the courts decide; this site does not.
For the environment. Section 24 protects the environment “for the benefit of present and future generations” [IC]. It sits behind the river, catchment, and invasive-clearing work listed on this site, and behind the environmental laws that regulate it.
For dealing with the municipality. Section 152 says local government must encourage the involvement of communities [IC]. The Municipal Systems Act and the Municipal Structures Act turn that into duties: the IDP, ward committees, and public comment on by-laws and land use applications. Section 33 means a resident affected by a municipal decision can ask for written reasons [IC]. Section 32 lets residents request records held by the state, through the Promotion of Access to Information Act 2 of 2000 [IC].
Where it touches this site
- Madiba Park: Land Status and Basic Services: housing, water, and services.
- TRANCRAA and Farm 39: The Land Transfer Process: secure tenure under section 25(6).
- From Water Access to Water Agency and Restoring the River: section 24.
- The Laws That Shaped the Valley: the Constitution’s place in the history of the valley’s laws.
Who to ask
- The South African Human Rights Commission, Western Cape office, for complaints about rights.
- The Public Protector, for complaints about maladministration by organs of state.
What is still open
- Whether any court has applied sections 25(6), 26, or 27 to land in the valley.
Have your say
If you can confirm or correct anything on this page, contact the moderators through How to Submit.
Related
- The Rules the Valley Lives By
- Transformation of Certain Rural Areas Act
- Municipal Systems Act
- Municipal Structures Act
- The Laws That Shaped the Valley
References
- Constitutional Assembly. Constitution of the Republic of South Africa, 1996. Government of South Africa. Sections 2, 24 to 27, 32, 33, 152, and 156.
- Parliament of South Africa. Promotion of Access to Information Act 2 of 2000. LawLibrary. The law that gives effect to section 32.