Law and Courts III

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Celebrating 25 years of Human Dignity, Equality and Freedom

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Company Law Today

Preamble to the Constitution No 108 of 1996, South Africa -

    We, the people of South Africa,
    Recognise the injustices of our past;
    Honour those who suffered for justice and freedom in our land;
    Respect those who have worked to build and develop our country; and
    Believe that South Africa belongs to all who live in it, united in our diversity.
    We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to heal
    the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
    Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
    Improve the quality of life of all citizens and free the potential of each person; and
    Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
    May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seŽn Suid-Afrika. God bless South Africa.

Company Law Todayís Celebration - of 25 years guided by the Constitution of 1996 No. 108 (RSA) - the history of the Constitution found its roots in the African National Congress (ďANCĒ) who subscribed to an ANC document from the early 1920s and the Freedom Charter of 1955 and put forward a special protector, the Constitutional Court [one untainted from the past] that would entrench the Bill of Rights. In this sense, the decision to create such a Court was a political one and the process of appointment to the Court - clearly laid down in the interim constitution - was the product of compromise.
One of the Constitutionís Founding Provisions - Supremacy of the Constitution - embodied the same respectful status as - i) identity of the Republic itself; ii) a united Citizenship;
iii) the National Anthem, our Flag; iv) respect for the many diverse languages plus languages used for religious services. The Bill of Rights made a bold statement locally and internationally for our country, heralded as the chief cornerstone in its cementing affirmation of the democratic values of human dignity, equality and freedom.