n Tydskrif vir Geesteswetenskappe - Demokrasie en die openbare administrasie

Volume 45, Issue 1
  • ISSN : 0041-4751


The Constitution of the Republic of South Africa Act 108 of 1996 brought about a turning point in the constitutional history of South Africa. In the preamble of the Constitution South Africa is described as an open and democratic society. According to section 1 of the Constitution South Africa is one, sovereign, democratic state founded on certain values. An open and transparent public administration is typical of a real democracy, as a closed administration may lead to corruption. Therefore, section 195 of the Constitution clearly states that the public administration is governed by the democratic values and principles enshrined in the Constitution. Some of the principles in section 195 can be directly linked to the constitutional value of democracy. These principles can be promoted by means of legislation, by state institutions such as the Public Protector and the Human Rights Commission and by the application of statutory codes of conduct. Failure to promote the principles and values in section 195 will inevitably result in the undermining of constitutional democracy.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error