# Article 75 of the Constitution of South Africa

- Jurisdiction: South Africa (ZA)
- Article: 75
- Chapter (as indexed): Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy
- Source document: The South Africa Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/5c1e83c9-1a14-4550-b307-17bffd55f26e
- This document: https://www.portablelaw.com/provision/5c1e83c9-1a14-4550-b307-17bffd55f26e/md
- Constitution: https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856

## Verbatim text

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152Enactment of legislation required by new Constitution
21. (1)  Where the new Constitution requires the enactment of national or provincial
legislation, that legislation must be enacted by the relevant authority within a
reasonable period of the date the new Constitution took effect.
(2) Section 198(b) of the new Constitution may not be enforced until the legislation
envisaged in that section has been enacted.
(3) Section 199(3)(a) of the new Constitution may not be enforced before the expiry of
three months after the legislation envisaged in that section has been enacted.
(4) National legislation envisaged in section 217(3) of the new Constitution must
be enacted within three years of the date on which the new Constitution took
effect, but the absence of this legislation during this period does not prevent the
implementation of the policy referred to in section 217(2).
(5) Until the Act of Parliament referred to in section 65(2) of the new Constitution
is enacted each provincial legislature may determine its own procedure in terms
of which authority is conferred on its delegation to cast votes on its behalf in the
National Council of Provinces.
(6) Until the legislation envisaged in section 229(1)(b) of the new Constitution is
enacted, a municipality remains competent to  impose any tax, levy or duty which
it was authorised to impose when the Constitution took effect.
National unity and reconciliation
22. (1)  Notwithstanding the other provisions of the new Constitution and despite the
repeal of the previous Constitution, all the provisions relating to amnesty contained
in the previous Constitution under the heading “National Unity and Reconciliation”
are deemed to be part of the new Constitution for the purposes of the Promotion of
National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including
for the purposes of its validity.
(2)  For the purposes of subitem (1), the date “6 December 1993” , where it appears in
the provisions of the previous Constitution under the heading “National Unity and
Reconciliation” , must be read as “11 May 1994” .
[Subitem (2) added by s. 3 of the Constitution First Amendment Act of 1997.]Schedule 6: Transitional Arrangements
153
Bill of Rights
23. (1)  National legislation envisaged in sections 9(4), 32(2) and 33(3) of the new
Constitution must be enacted within three years of the date on which the new
Constitution took effect.
(2) Until the legislation envisaged in sections 32(2) and 33(3) of the new Constitution is
enacted—
(a)  section 32 (1) must be regarded to read as follows:
“(1)  Every person has the right of access to all information held by the state or
any of its organs in any sphere of government in so far as that information is
required for the exercise or protection of any of their  rights. ”; and
(b)  section 33(1) and (2) must be regarded to read as follows:
“Every person has the right to—
(a)  lawful administrative action where any of their rights or interests is
affected or threatened;
(b) procedurally fair administrative action where any of their rights or
legitimate expectations is affected or threatened;
(c) be furnished with reasons in writing for administrative action which
affects any of their rights or interests unless the reasons for that action
have been made public; and
(d) administrative action which is justifiable in relation to the reasons given
for it where any of their rights is affected or threatened. ” .
(3) Sections 32(2) and 33(3) of the new Constitution lapse if the legislation envisaged
in those sections, respectively, is not enacted within three years of the date the new
Constitution took effect.
Public administration and security services
24. (1)  Sections 82(4)(b), 215, 218(1), 219(1), 224 to 228, 236(1), (2), (3), (6), (7)(b) and
(8), 237(1) and (2) (a) and 239(4) and (5) of the previous Constitution continue in
force as if the previous Constitution had not been repealed, subject to—
(a)  the amendments to those sections as set out in Annexure D;
(b)  any further amendment or any repeal of those sections by an Act of Parliament
passed in terms of section 75 of the new Constitution; and
(c)  consistency with the new Constitution. Schedule 6: Transitional Arrangements
154 (2) The Public Service Commission and the provincial service commissions referred to in
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 75 of the Constitution of South Africa.
- The index files it under the chapter heading “Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy”.
- The passage runs to about 706 words.
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of the new Constitution. Schedule 6: Transitional Arrangements”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** No rights vocabulary from our fixed word list appears in this passage, so no plain-language reading is offered for it.
- **Caveat:** This index row contains 4 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of South Africa, article 75, Portable Lawyer, https://www.portablelaw.com/provision/5c1e83c9-1a14-4550-b307-17bffd55f26e (accessed 27 September 2026).

## Related

- [Constitution of South Africa](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [South Africa on Portable Lawyer](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [HTML version of this provision](https://www.portablelaw.com/provision/5c1e83c9-1a14-4550-b307-17bffd55f26e)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 75 of the Constitution of South Africa (chapter: “Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy”). 152Enactment of legislation required by new Constitution 21. (1) Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be…
