Section 231 International agreements
(1) The negotiating and signing of all international agreements is
the responsibility of the national executive.
(2) An international agreement binds the Republic only after it has
been approved by resolution in both the National Assembly and
the National Council of Provinces, unless it is an agreement
referred to in subsection (3).
(3) An international agreement of a technical, administrative or
executive nature, or an agreement which does not require either
ratification or accession, entered into by the national executive,
binds the Republic without approval by the National Assembly and
the National Council of Provinces, but must be tabled in the
Assembly and the Council within a reasonable time.
(4) Any international agreement becomes law in the Republic
when it is enacted into law by national legislation; but a self-
executing provision of an agreement that has been approved by
Parliament is law in the Republic unless it is inconsistent with the
Constitution or an Act of Parliament.
(5) The Republic is bound by international agreements which were
binding on the Republic when this Constitution took effect.
Section 232 Customary international law
Customary international law is law in the Republic unless it is
inconsistent with the Constitution or an Act of Parliament.
Section 233 Application of international law
When interpreting any legislation, every court must prefer any
reasonable interpretation of the legislation that is consistent with
international law over any alternative interpretation that is
inconsistent with international law.
Section 234 Charters of Rights
In order to deepen the culture of democracy established by the
Constitution, Parliament may adopt Charters of Rights consistent
with the provisions of the Constitution.
Section 235 Self-determination
The right of the South African people as a whole to self-
determination, as manifested in this Constitution, does not
preclude, within the framework of this right, recognition of the
notion of the right of self-determination of any community sharing
a common cultural and language heritage, within a territorial
entity in the Republic or in any other way, determined by national
legislation.
Section 236 Funding for political parties
To enhance multi-party democracy, national legislation must
provide for the funding of political parties participating in national
and provincial legislatures on an equitable and proportional basis.
Section 237 Diligent performance of obligations
All constitutional obligations must be performed diligently and
without delay.
Section 238 Agency and delegation
An executive organ of state in any sphere of government may -
(a) delegate any power or function that is to be exercised or
performed in terms of legislation to any other executive organ of
state, provided the delegation is consistent with the legislation in
terms of which the power is exercised or the function is
performed; or
(b) exercise any power or perform any function for any other
executive organ of state on an agency or delegation basis.
Section 239 Definitions
In the Constitution, unless the context indicates otherwise -
"national legislation" includes -
(a) subordinate legislation made in terms of an Act of Parliament;
and
(b) legislation that was in force when the Constitution took effect
and that is administered by the national government;
"organ of state" means -
(a) any department of state or administration in the national,
provincial or local sphere of government; or
(b) any other functionary or institution -
(i) exercising a power or performing a function in terms of the
Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in
terms of any legislation, but does not include a court or a judicial
officer;
"provincial legislation" includes -
(a) subordinate legislation made in terms of a provincial Act; and
(b) legislation that was in force when the Constitution took effect
and that is administered by a provincial government.
Section 240 Inconsistencies between different texts
In the event of an inconsistency between different texts of the
Constitution, the English text prevails.
Section 241 Transitional arrangements
Schedule 6 applies to the transition to the new constitutional order
established by this Constitution, and any matter incidental to that
transition.
Section 242 Repeal of laws
The laws mentioned in Schedule 7 are repealed, subject to section
243 and Schedule 6.
Section 243 Short title and commencement
(1) This Act is called the Constitution of the Republic of South
Africa, 1996, and comes into effect as soon as possible on a date
set by the President by proclamation, which may not be a date
later than 1 July 1997.
(2) The President may set different dates before the date
mentioned in subsection (1) in respect of different provisions of
the Constitution.
(3) Unless the context otherwise indicates, a reference in a
provision of the Constitution to a time when the Constitution
took effect must be construed as a reference to the time when
that provision took effect.
(4) If a different date is set for any particular provision of the
Constitution in terms of subsection (2), any corresponding
provision of the Constitution of the Republic of South Africa,
1993 (Act 200 of 1993), mentioned in the proclamation, is
repealed with effect from the same date.
(5)Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and
230 come into effect on 1 January 1998, but this does not
preclude the enactment in terms of this Constitution of
legislation envisaged in any of these provisions before that date.
Until that date any corresponding and incidental provisions of
the Constitution of the Republic of South Africa, 1993, remain
in force.