The relationship between international law and South African legal order has been much examined. However, that of the African Charter on Human and Peoples’ Rights and the South African legal system has not been seriously explored. Therefore, this article examines the status of the African Charter under the South African legal system. It adopts a doctrinal approach and analyses ss 231(4), 231(5) and 232 of the Constitution of the Republic of South Africa, 1996 within the context of South African law and international human rights norms in Africa; and how South African courts have treated the African Charter. It finds that the African Charter has not been enacted into law under s 231(4), implying that it does not operate in South Africa and that South African courts have not seriously regarded the African Charter. Nonetheless, it argues that the Charter directly operates in South Africa under s 231(5) as a deemed Act and as customary international law under s 232. It further argues that the Charter as a deemed Act is inferior to the Constitution, maintains a co-ordinate status with other Acts implementing human rights treaties, higher in status than other Acts implementing other treaties and ordinary Acts. As customary international law, the Charter is inferior to the Constitution and statutes but higher than common law. Both the Charter as a deemed Act and as customary international law operate at the same time in South Africa. It concludes that the African Charter is a statute in South Africa and that South African courts have no choice but to apply it when required.