Chapter 14: General Provisions
CHAPTER 14
GeneRAl pRoViSionS
international law
International agreements
231. � (1)
(2) �
(3) �
(4) �
(5) �
The negotiating and signing of all international agreements is the responsibility of
the national executive.
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).
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.
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.
The Republic is bound by international agreements which were binding on the
Republic when this Constitution took effect.
Customary international law
232. � Customary international law is law in the Republic unless it is inconsistent with the
Constitution or an Act of Parliament.
Application of international law
233. � 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.
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