Dispute Resolution Committee: Agreement Between the Republic Niger Government and the ORA

Written by

1995 PEACE AGREEMENT

Section III. Restoration of Peace and National Reconciliation

Clause 12

With a view to the establishment of permanent security, of the restoration and consolidation of peace, the two Parties decide to create and to establish in Niamey, within two weeks following the signing of this present Agreement, a Special Peace Committee composed of the two Parties, with both sides equally represented, and of the mediation. The total number of members of this group cannot exceed 20, whereof 14 for the two Parties. The Presidency of the Special Peace Committee will be entrusted to the High Commissioner at the Restoration of Peace and the Vice-presidency will be entrusted to a representative of the ORA. Necessary means for the activity of the Committee will be taken care of by the State.

The Committee will meet periodically. It could also be convened by its President on demand of one or the other of the Parties. At the meetings of the Committee, minutes will be taken.

The Committee will have as its mission:

1. to supervise the application of the Agreement and the timetable established by it.

2. to ensure that the stipulations of the Agreement are widely spread and that there is a

campaign of explanation of it among the Nigerien population.

3. to supervise the execution of the disarmament operations and the recuperation of all arms, munitions and war material.

4. to determine the number of people before starting the integration work.

Decentralization/Federalism: Agreement Between the Republic Niger Government and the ORA

Written by

1995 PEACE AGREEMENT

Section II. Territorial and Administrative Organisation

B. The Organisation and the Powers of the “Collectivites Territoriales”

Clause 7

The “Collectivités territoriales” will be equipped with Councils or Assemblies, elected by direct universal suffrage and the Presidents elected within them will be the head of regional, departmental and communal executives.

Clause 8

Within the framework of their free administration, the elected Councils or Assemblies will govern their own affairs by deliberation in the fields planned by the law which are for example the budget, the conception, the programming, the carrying out, the follow-up and the evaluation of actions of economic, social and cultural development having a regional or a local interest.

C. Representatives of the State: Their Powers

Clause 9

The representation of the State will be provided by:

– one representative in the Region

– one representative in the Department

– one representative in the Arrondissement

– one Mayor elected in the Municipality.

The denomination of these representatives will be determined by the law.

Clause 10

The representatives of the State will have the following mission:

a. to supervise the application of the laws and regulations of the State within the limits of the territory of the administrative unit.

b. to guarantee the control of the lawfulness a posteriori of decisions and actions taken by the “collectivités territoriales”.

c. to give advice and assistance from technical State services to the “collectivités territoriales”, on their demand.

Cease Fire: Agreement Between the Republic Niger Government and the ORA

Written by

OUAGADOUGOU ACCORD (OCTOBER 9, 1994)

Section V. The Truce

Clause 11

In order to permit the application of this present Agreement in all serenity a truce of three (3) months, renewable by tacit renewal, will be observed by the two Parties. This truce will come into force starting from the date of the signing of the present document at zero hours (Niamey time).

During the truce the units of the “Forces Armées Nigériennes (F. A. N.)” (Nigerien Armed Forces) and the combatants of the CAR must cease all offensive actions and refrain from all activities susceptible of creating incidents of a kind that might compromise peace.

Clause 12

The Government of the Republic of Niger engages to take all the necessary measures to eradicate the residual insecurity in order to provide free circulation of persons and goods.

To be able to do so,

– it engages to put an end to the action of all groups or armed bands (militias, brigades, etc.) susceptible of aggravating the climate of insecurity and of compromising the peace efforts.

– it engages furthermore during the truce, together with the CRA and according to the forms that will be defined, with one accord, with the help of the contact group, to check the action of armed individuals isolated in the zone concerned by the conflict.

1995 PEACE AGREEMENT

Section III. Restoration of Peace and National Reconciliation

Clause 11

A permanent cease-fire will come into force at zero hours (Niamey time) on the day after the signing of the present Agreement.

Verification/Monitoring Mechanism: Interim Constitution Accord

Written by

Record of Understanding (26 September 1992)

Progress will be reported to the Goldstone Commission and the National Peace Secretariat. United Nations observers may witness the progress in co-operation with the Goldstone Commission and the National Peace Secretariat.

(Note: This provision was not mentioned in the interim constitution)

Ratification Mechanism: Interim Constitution Accord

Written by

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 5, Section 68 Constitution-making Body:

(1) The National Assembly and the Senate, sitting jointly for the purposes of this Chapter, shall be the Constitutional Assembly.

(2) The Constitutional Assembly shall draft and adopt a new constitutional text in accordance with this Chapter.

(3) (a) The first sitting of the Constitutional Assembly shall be convened by the President of the Senate not later than seven days as from the first sitting of the Senate under this Constitution.

(b) Any subsequent sittings of the Constitutional Assembly shall be convened by the Chairperson of the Constitutional Assembly after consultation with the Speaker and the President of the Senate.

(4) Subject to the rules and orders contemplated in section 70 and save where clearly inappropriate, sections 55 and 56 and the provisions of this Constitution with regard to joint sittings of the National Assembly and the Senate shall apply mutatis mutandis in respect of the Constitutional Assembly.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 5, Section 69 Chairperson and Deputy Chairperson:

(1) At its first sitting and before proceeding to dispatch any other business, the Constitutional Assembly, with the President of the Senate presiding, shall elect one of the members of the Constitutional Assembly to be the Chairperson and another of its members to be the Deputy Chairperson of the Constitutional Assembly.

(2) The provisions of Schedule 5 shall apply mutatis mutandis in respect of the election of the Chairperson and the Deputy Chairperson of the Constitutional Assembly.

(3) The Chairperson shall be vested with all powers and functions assigned to him or her under this Constitution, an Act of Parliament and the rules and orders.

(4) Section 49 (4) to (10) shall apply mutatis mutandis in respect of the Chairperson and Deputy Chairperson of the Constitutional Assembly, and in any such application references in the said sections to the Senate and a senator shall be construed as references to the Constitutional Assembly and a member of the Constitutional Assembly, respectively.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 5, Section 70 Rules and orders:

(1) The Constitutional Assembly may make rules and orders in connection with the conduct of its business and proceedings.

(2) The provisions of section 58 shall apply mutatis mutandis in respect of the Constitutional Assembly.

Constitution of the Republic of South Africa Act 200 of 1993, Section 71 Constitutional Principles and certification:

(1) A new constitutional text shall-

(a) comply with the Constitutional Principles contained in Schedule 4; and

(b) be passed by the Constitutional Assembly in accordance with this Chapter.

(2) The new constitutional text passed by the Constitutional Assembly, or any provision thereof, shall not be of any force and effect unless the Constitutional Court has certified that all the provisions of such text comply with the Constitutional Principles referred to in subsection (1) (a).

(3) A decision of the Constitutional Court in terms of subsection (2) certifying that the provisions of the new constitutional text comply with the Constitutional Principles, shall be final and binding, and no court of law shall have jurisdiction to enquire into or pronounce upon the validity of such text or any provision thereof.

(4) During the course of the proceedings of the Constitutional Assembly any proposed draft of the constitutional text before the Constitutional Assembly, or any part or provision of such text, shall be referred to the Constitutional Court by the Chairperson if petitioned to do so by at least one fifth of all the members of the Constitutional Assembly, in order to obtain an opinion from the Court as to whether such proposed text, or part or provision thereof, would, if passed by the Constitutional Assembly, comply with the Constitutional Principles.

Constitution of the Republic of South Africa Act 200 of 1993, Section 72 Appointment of commissions, committees and bodies:

(1) The Constitutional Assembly shall, in addition to appointing committees of its members, be competent to appoint any commissions, technical committees and other advisory bodies to assist it in the performance of its functions.

(2) The Constitutional Assembly shall, subject to subsection (3), appoint an independent panel of seven South African citizens being recognised constitutional experts, not being members of Parliament or any other legislature and not holding office in any political party, to advise it, or the Chairperson, on matters pertaining to its functions, and to perform such other tasks as are provided for in this Constitution.

(3) A majority of at least two-thirds of all the members of the Constitutional Assembly shall be required for the appointment of the panel of constitutional experts, and, in the event of such majority not being achieved, a panel of constitutional experts complying with the requirements mentioned in subsection (2) and consisting of a nominee of each party which holds at least 40 seats in the Constitutional Assembly and wishes to make such a nomination, shall be appointed.

Constitution of the Republic of South Africa Act 200 of 1993, Section 73 Adoption of new constitutional text:

(1) The Constitutional Assembly shall pass the new constitutional text within two years as from the date of the first sitting of the National Assembly under this Constitution.

(2) For the passing of the new constitutional text by the Constitutional Assembly, a majority of at least two-thirds of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of two-thirds of all the members of the Senate.

(3) If the Constitutional Assembly fails to pass a proposed draft of the new constitutional text in accordance with subsection (2), but such draft is supported by a majority of all its members, such proposed draft shall be referred by the Chairperson to the panel of constitutional experts referred to in section 72 (2) for its advice, to be given within 30 days of such referral, on amendments to the proposed draft, within the framework of the Constitutional Principles, which might secure the support required in terms of subsection (2).

(4) An amended draft text unanimously recommended by the panel of constitutional experts and submitted to the Constitutional Assembly within the said period of 30 days, shall be considered by the Constitutional Assembly, and if passed in accordance with subsection (2), it shall become the Constitution of the Republic of South Africa.

(5) Should the panel of constitutional experts fail to submit within the said period of 30 days to the Constitutional Assembly an amended draft text which is unanimously recommended by the panel, or should such an amended draft text not be passed by the Constitutional Assembly in accordance with subsection (2), any proposed draft text before the Constitutional Assembly may be approved by it by resolution of a majority of its members for the purposes of subsection (6).

(6) A text approved under subsection (5) shall, after it has been certified by the Constitutional Court in terms of section 71 (2), be referred by the President for a decision by the electorate by way of a national referendum.

(7) The question put before the electorate in the referendum shall be the acceptance or rejection of the text approved under subsection (5).

(8) The text presented to the electorate in the referendum shall, if approved by a majority of at least 60 per cent of the votes cast in the referendum and subject to subsection (13), become the Constitution of the Republic of South Africa.

(9) If the relevant text is not approved in the referendum in accordance with subsection (8), or if a new constitutional text is not passed in terms of this Chapter within the period of two years referred to in subsection (1), the President shall dissolve Parliament by proclamation in the Gazette within 14 days after the referendum or the expiry of the said period, whereupon an election contemplated in section 39 (1) (a) shall be held.

(10) The Constitutional Assembly as constituted after such an election, shall pass the new constitutional text within a period of one year as from the date of its first sitting after such election.

(11) For the passing of the new constitutional text referred to in subsection (10) by the Constitutional Assembly, a majority of at least 60 per cent of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of at least 60 per cent of all the members of the Senate.

(12) The provisions of subsections (3) to (9) of this section and the other sections of this Chapter shall apply mutatis mutandis in respect of the Constitutional Assembly referred to in subsection (10) of this section.

(13) A new constitutional text adopted in terms of this Chapter shall be assented to by the President and shall upon its promulgation be the Constitution of the Republic of South Africa.

Constitution of the Republic of South Africa Act 200 of 1993, Section 74 Amendments relating to this Chapter and Schedule 4:

(1) No amendment or repeal of-

(a) this section or the Constitutional Principles set out in Schedule 4; or

(b) any other provision of this Chapter in so far as it relates to-

(i) the Constitutional Principles; or

(ii) the requirement that the new constitutional text shall comply with the Constitutional Principles, or that such text shall be certified by the Constitutional Court as being in compliance therewith, shall be permissible.

(2) The other provisions of this Chapter may be amended by the Constitutional Assembly by resolution of a majority of at least two-thirds of all its members.

Economic and Social Development: Interim Constitution Accord

Written by

National Peace Accord, Chapter 5 Measures to facilitate socio-economic reconstruction and development:

5.1 Reconstruction and development projects must actively involve the affected communities. Through a process of inclusive negotiations involving recipients, experts and donors, the community must be able to conceive, implement and take responsibility for projects in a co-ordinated way as close to the grassroots as possible. In addition reconstruction and development must facilitate the development of the economic and human resources of the communities concerned.

5.2 Projects at a local level require the co-operation of all members of the community irrespective of their political affiliation. The people within local communities must see local organisations working together on the ground with common purpose. Parties with constituency support in an area must commit themselves to facilitating such an approach to development projects.

5.3 Reconstruction projects must work on the ground at local level. This requires a combined effort by all political organisations and affected parties to raise the required level of capital and human resources for development. Public and private funds will have to be mobilised for this purpose.

5.4 Sustainable development implies that all individuals must be assisted and encouraged to accept responsibility for their socio-economic well-being. Each actor must define and accept his/her role and there must be an acceptance of co-responsibility for and co-determination of socio-economic development.

5.5 This development initiative should in no way abrogate the right and duty of governments to continue their normal development activity, except that in doing so they should be sensitive to the spirit and contents of any agreement that may be reached.

5.6 The parties to this process commit themselves to facilitating the rapid removal of political, legislative and administrative obstacles to development and economic growth.

5.7 The National Peace Committee and the Regional Dispute Resolution Committees will establish permanent subcommittees on socio-economic reconstruction and development.

5.8 Both the national and regional sub-committees defined above could establish advisory and consulting groups to facilitate their work.

5.9 The functions of these sub-committees would be to:

5.9.1 assist the peace structures in regard to socio-economic reconstruction and development;

5.9.2 take initiatives to implement the principles outlined above and to deal with the issues set out hereunder;

5.9.3 the combined inputs of the sub-committees participants would be to facilitate, co-ordinate and expedite reconstruction and development in terms of the principles outlined above.

5.10 The general guideline on issues to be dealt with is to move from immediate issues related to violence and the peace process toward pre-emption of violence and then toward integrating into the overall need for socio-economic development.

5.11 The sub-committees should identify areas at community level where they could begin to facilitate the co-ordination of the following issues:

– reconstruction of damaged property;

– reintegration of displaced persons into the community;

– expansion of infrastructure to assist in consolidating the peace process; and

– community involvement in the maintenance and improvement of existing community facilities and the environment.

5.12 The sub-committees should facilitate crisis assistance that will link to socio-economic development in the following areas:

– dealing with the immediate effects of violence and the resultant social effects, displaced persons problem and homelessness; and

– where infrastructure is itself a spark to violence, eg. water, electricity, transportation, schools, etc.

5.13 In addressing the above issues attention will have to be paid to:

– the equitable allocation of state resources, including state-funded development agencies (physical and financial) for both public and community-based initiatives;

– mobilisation of additional resources – both public and private;

– the cumbersome nature of governmental structures in the provision of resources and services;

– the position of the very poor and marginalised groups;

– land, its accessibility and use;

– basic housing;

– provision of basic services;

– education;

– health and welfare;

– job creation and unemployment; and

– the availability of land for housing and basis services.

5.14 The sub-committees should identify potential flash points and co-ordinate socio-economic development that will defuse tension eg. squatter settlements; squatter settlement-township interfaces; hostels; hostel-township interfaces; provision and maintenance of basis services and rural resource constraints. The sub-committees should identify areas of socio-economic development that would prevent violence.

5.15 The sub-committee would attempt to ensure that overall socio-economic development is cognisant of the need to reinforce the peace process and defuse the potential for violence.

Interim Constitution (1993)

CHAPTER 3: FUNDAMENTAL RIGHTS

26 Economic activity

(1) Every person shall have the right freely to engage in economic activity and to pursue a livelihood anywhere in the national territory.

(2) Subsection (1) shall not preclude measures designed to promote the protection or the improvement of the quality of life, economic growth, human development, social justice, basic conditions of employment, fair labour practices or equal opportunity for all, provided such measures are justifiable in an open and democratic society based on freedom and equality.

CHAPTER 8 The Public Protector, Human Rights Commission, Commission on Gender Equality and Restitution of Land Rights

Commission on Gender Equality

119 Establishment

(1) There shall be a Commission on Gender Equality, which shall consist of a chairperson and such number of members as may be determined by an Act of Parliament.

(2) The Commission shall consist of persons who are fit and proper for appointment, South African citizens and broadly representative of the South African community.

(3) The object of the Commission shall be to promote gender equality and to advise and to make recommendations to Parliament or any other legislature with regard to any laws or proposed legislation which affects gender equality and the status of women.

120 Composition and functioning

The Act of Parliament referred to in section 119 shall provide for the composition, powers, functions and functioning of the Commission on Gender Equality and for all other matters in connection therewith. [S. 120 amended by s. 9 of Act 13 of 1994.]

Restitution of Land Rights

121 Claims

(1) An Act of Parliament shall provide for matters relating to the restitution of land rights, as envisaged in this section and in sections 122 and 123.

(2) A person or a community shall be entitled to claim restitution of a right in land from the state if-

(a)such person or community was dispossessed of such right at any time after a date to be fixed by the Act referred to in subsection (1); and

(b)such dispossession was effected under or for the purpose of furthering the object of a law which would have been inconsistent with the prohibition of racial discrimination contained in section 8(2), had that section been in operation at the time of such dispossession.

(3) The date fixed by virtue of subsection (2) (a) shall not be a date earlier than 19 June 1913.

(4) (a) The provisions of this section shall not apply to any rights in land expropriated under the Expropriation Act, 1975 (Act 63 of 1975), or any other law incorporating by reference that Act, or the provisions of that Act with regard to compensation, if just and equitable compensation as contemplated in section 123 (4) was paid in respect of such expropriation.

(b) In this section `Expropriation Act, 1975′ shall include any expropriation law repealed by that Act.

(5) No claim under this section shall be lodged before the passing of the Act contemplated in subsection (1).

(6) Any claims under subsection (2) shall be subject to such conditions, limitations and exclusions as may be prescribed by such Act, and shall not be justiciable by a court of law unless the claim has been dealt with in terms of section 122 by the Commission established by that section.

122 Commission

(1) The Act contemplated in section 121 (1) shall establish a Commission on Restitution of Land Rights, which shall be competent to-

(a)investigate the merits of any claims;

(b)mediate and settle disputes arising from such claims;

(c)draw up reports on unsettled claims for submission as evidence to a court of law and to present any other relevant evidence to the court; and

(d)exercise and perform any such other powers and functions as may be provided for in the said Act.

(2) The procedures to be followed for dealing with claims in terms of this section shall be as prescribed by or under the said Act.

123 Court Orders

(1) Where a claim contemplated in section 121 (2) is lodged with a court of law and the land in question is-

(a)in the possession of the state and the state certifies that the restoration of the right in question is feasible, the court may, subject to subsection (4), order the state to restore the relevant right to the claimant; or

(b)in the possession of a private owner and the state certifies that the acquisition of such land by the state is feasible, the court may, subject to subsection (4), order the state to purchase or expropriate such land and restore the relevant right to the claimant.

(2) The court shall not issue an order under subsection (1) (b) unless it is just and equitable to do so, taking into account all relevant factors, including the history of the dispossession, the hardship caused, the use to which the property is being put, the history of its acquisition by the owner, the interests of the owner and others affected by any expropriation, and the interests of the dispossessed: Provided that any expropriation under subsection (1) (b) shall be subject to the payment of compensation calculated in the manner provided for in section 28 (3).

(3) If the state certifies that any restoration in terms of subsection (1) (a) or any acquisition in terms of subsection (1) (b) is not feasible, or if the claimant instead of the restoration of the right prefers alternative relief, the court may, subject to subsection (4), order the state, in lieu of the restoration of the said right-

(a)to grant the claimant an appropriate right in available alternative state-owned land designated by the state to the satisfaction of the court, provided that the state certifies that it is feasible to designate alternative state-owned land;

(b)to pay the claimant compensation; or

(c)to grant the claimant any alternative relief.

(4) (a) The compensation referred to in subsection (3) shall be determined by the court as being just and equitable, taking into account the circumstances which prevailed at the time of the dispossession and all such other factors as may be prescribed by the Act referred to in section 121 (1), including any compensation that was paid upon such dispossession.

(b) If the court grants the claimant the relief contemplated in subsection (1) or (3), it shall take into account, and, where appropriate, make an order with regard to, any compensation that was paid to the claimant upon the dispossession of the right in question.

CHAPTER 10: LOCAL GOVERNMENT

175 Powers and functions of local government

(3) A local government shall, to the extent determined in any applicable law, make provision for access by all persons residing within its area of jurisdiction to water, sanitation, transportation facilities, electricity, primary health services, education, housing and security within a safe and healthy environment, provided that such services and amenities can be rendered in a sustainable manner and are financially and physically practicable.

CHAPTER 15: GENERAL AND TRANSITIONAL PROVISIONS

247 Special provisions regarding existing educational institutions

(4) In order to ensure an acceptable quality of education, the responsible government shall provide funds to departmental, community-managed or state-aided primary or secondary schools on an equitable basis.

Schedule 4

CONSTITUTIONAL PRINCIPLES

(b) in respect of aspects of government dealing with specific socio-economic and cultural needs and the general well-being of the inhabitants of the province.

Cultural Protections: Interim Constitution Accord

Written by

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 31 Language and culture:

Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Constitution of the Republic of South Africa Act 200 of 1993, Section 71 Constitutional Principles and certification:

(1) A new constitutional text shall-

(a) comply with the Constitutional Principles contained in Schedule 4; and

(b) be passed by the Constitutional Assembly in accordance with this Chapter.

Constitution of the Republic of South Africa Act 200 of 1993, Section 74 Amendments relating to this Chapter and Schedule 4:

(1) No amendment or repeal of-

(a) this section or the Constitutional Principles set out in Schedule 4; or

(b) any other provision of this Chapter in so far as it relates to-

(i) the Constitutional Principles; or

(ii) the requirement that the new constitutional text shall comply with the Constitutional Principles, or that such text shall be certified by the Constitutional Court as being in compliance therewith, shall be permissible.

(2) The other provisions of this Chapter may be amended by the Constitutional Assembly by resolution of a majority of at least two-thirds of all its members.

Constitution of the Republic of South Africa Act 200 of 1993, Schedule 4, Article XI:

The diversity of language and culture shall be acknowledged and protected, and conditions for their promotion shall be encouraged.

Official Language and Symbol: Interim Constitution Accord

Written by

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 1, Sections 2 National symbols:

(1) The national flag of the Republic shall be the flag the design of which is determined by the President by proclamation in the Gazette.

(2) The national anthem of the Republic shall be as determined by the President by proclamation in the Gazette.

(3) The coat of arms of the Republic and the seal of the Republic under the previous Constitution shall be the national coat of arms of the Republic and the seal of the Republic under this Constitution.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 1, Section 3 Languages:

(1) Afrikaans, English, isiNdebele, Sesotho sa Leboa, Sesotho, siSwati, Xitsonga, Setswana, Tshivenda, isiXhosa and isiZulu shall be the official South African languages at national level, and conditions shall be created for their development and for the promotion of their equal use and enjoyment.

(2) Rights relating to language and the status of languages existing at the commencement of this Constitution shall not be diminished, and provision shall be made by an Act of

Parliament for rights relating to language and the status of languages existing only at regional level, to be extended nationally in accordance with the principles set out in

subsection (9).

(3) Wherever practicable, a person shall have the right to use and to be addressed in his or her dealings with any public administration at the national level of government in any

official South African language of his or her choice.

(4) Regional differentiation in relation to language policy and practice shall be permissible.

(5) A provincial legislature may, by a resolution adopted by a majority of at least two-thirds of all its members, declare any language referred to in subsection (1) to be an official language for the whole or any part of the province and for any or all powers and functions within the competence of that legislature, save that neither the rights relating to language nor the status of an official language as existing in any area or in relation to any function at the time of the commencement of this Constitution, shall be diminished.

(6) Wherever practicable, a person shall have the right to use and to be addressed in his or her dealings with any public administration at the provincial level of government in any one of the official languages of his or her choice as contemplated in subsection (5).

(7) A member of Parliament may address Parliament in the official South African language of his or her choice.

(8) Parliament and any provincial legislature may, subject to this section, make provision by legislation for the use of official languages for the purposes of the functioning of government, taking into account questions of usage, practicality and expense.

(9) Legislation, as well as official policy and practice, in relation to the use of languages at any level of government shall be subject to and based on the provisions of this section and the following principles:

(a) The creation of conditions for the development and for the promotion of the equal use and enjoyment of all official South African languages;

(b) the extension of those rights relating to language and the status of languages which at the commencement of this Constitution are restricted to certain regions;

(c) the prevention of the use of any language for the purposes of exploitation, domination or division;

(d) the promotion of multi-lingualism and the provision of translation facilities;

(e) the fostering of respect for languages spoken in the Republic other than the official languages, and the encouragement of their use in appropriate circumstances; and

(f) the non-diminution of rights relating to language and the status of languages existing at the commencement of this Constitution.

(10)(a) Provision shall be made by an Act of Parliament for the establishment by the Senate of an independent Pan South African Language Board to promote respect for the principles referred to in Subsection (9) and to further the development of the official South African languages.

(b) The Pan South African Language Board shall be consulted, and be given the opportunity to make recommendations, in relation to any proposed legislation contemplated in this section.

(c) The Pan South African Language Board shall be responsible for promoting respect for and the development of German, Greek, Gujerati, Hindi, Portuguese, Tamil, Telegu,

Urdu and other languages used by communities in South Africa, as well as Arabic, Hebrew and Sanskrit and other languages used for religious purposes.

Education Reform: Interim Constitution Accord

Written by

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3 Fundamental Rights, Section 32 Education:

Every person shall have the right-

(a) to basic education and to equal access to educational institutions;

(b) to instruction in the language of his or her choice where this is reasonably practicable; and

(c) to establish, where practicable, educational institutions based on a common culture, language or religion, provided that there shall be no discrimination on the ground of race.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 15 Fundamental Rights, Section 247 Special provisions regarding existing educational institutions:

(1) The national government and the provincial governments as provided for in this Constitution shall not alter the rights, powers and functions of the governing bodies, management councils or similar authorities of departmental, community-managed or state-aided primary or secondary schools under laws existing immediately before the commencement of this Constitution unless an agreement resulting from bona fide negotiation has been reached with such bodies and reasonable notice of any proposed alteration has been given.

(2) The national government shall not alter the rights, powers and functions of the controlling bodies of universities and technikons under laws existing immediately before the commencement of this Constitution, unless agreement resulting from bona fide negotiation has been reached with such bodies, and reasonable notice of any proposed alteration has been given.

(3) Should agreement not be reached in terms of subsection (1) or (2), the national government and the provincial governments shall, subject to the other provisions of this Constitution, not be precluded from altering the rights, powers and functions of the governing bodies, management councils or similar authorities of departmental, community-managed or state-aided primary or secondary schools, as well as the controlling bodies of universities and technikons, provided that interested persons and bodies shall be entitled to challenge the validity of any such alteration in terms of this Constitution.

(4) In order to ensure an acceptable quality of education, the responsible government shall provide funds to departmental, community-managed or state-aided primary or secondary schools on an equitable basis.

Children’s Rights: Interim Constitution Accord

Written by

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 30 Children:

(1) Every child shall have the right:

(a) to a name and nationality as from birth;

(b) to parental care;

(c) to security, basic nutrition and basic health and social services;

(d) not to be subject to neglect or abuse; and

(e) not to be subject to exploitative labor practices nor to be required or permitted to perform work which is hazardous or harmful to his or her education, health or well-being.

(2) Every child who is in detention shall, in addition to the rights which he or she has in terms of Section 25, have the right to be detained under conditions and to be treated in a manner that takes account of his or her age.

(3) For the purpose of this section a child shall mean a person under the age of 18 years and in all matters concerning such child his or her best interest shall be paramount.