Constitutional Review and Reform

The Constitution as South Africa's legal framework

The Constitution is the framework within which all law is made and all public power is exercised. Reviewing and, where necessary, amending it is done through procedures set out in the Constitution itself.

Parliament's constitutional-review process

Section 45(1)(c) requires a joint committee of the National Assembly and the National Council of Provinces to review the Constitution at least annually.
The Constitutional Review Committee (CRC) calls for public submissions each cycle.
Members of the public and organisations may propose amendments and give reasons.

Public submissions

Anyone may make a written submission to the CRC during the annual cycle.
Submissions should identify the section, the proposed change and a clear rationale.
The Committee considers submissions and reports to Parliament.

How Bills are considered — sections 59, 72 and 118

Section 59 — the National Assembly must facilitate public involvement in its legislative and other processes.
Section 72 — the National Council of Provinces must do the same.
Section 118 — provincial legislatures must facilitate public involvement.
These sections are the constitutional basis for public hearings and written submissions.

The amendment procedure — section 74

Section 74 sets special majorities for amending the Constitution: amendments to section 1 and its founding values need 75% of the National Assembly; amendments to the Bill of Rights need two-thirds; and certain amendments also require the support of provinces in the NCOP.

What makes a good public submission

Be specific: cite the section and the exact wording you propose.
Give clear reasons and, where possible, evidence.
Explain the public interest and how the change is constitutionally justifiable.
Keep it concise, structured and respectful.

How SACR helps

Monitors the annual constitutional-review cycle and alerts the public.
Provides plain-language explanations of proposed changes.
Consolidates public input and lodges submissions to the Committee.

Official resources

Parliament of South Africa (parliament.gov.za).
The Constitutional Review Committee (via Parliament).
Constitution of the Republic of South Africa, 1996.

Related SACR submissions & articles

This information is provided for public education and general guidance. It does not constitute legal advice. Legal requirements and public-participation processes may change, and users should consult the relevant official institution or obtain professional advice where necessary.

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