Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/105



Chapter 14—General Provisions

International agreements

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

Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

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.