Constitution Eighth Amendment Act Of 2002
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Constitution Eighth Amendment Act Of 2002
The Eighth Amendment of the Constitution of South Africa allowed members of municipal councils to cross the floor from one political party to another without losing their seats. It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fifteenth Amendment. Provisions The amendment inserted Schedule 6A, entitled "Loss or retention of membership of Municipal Councils, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties, and filling of vacancies", into the constitution. This schedule allowed municipal councillors to cross the floor without losing their seats, but only during certain window periods. Councillors could also only cross the floor if at least one-tenth of the representatives of the party they were leaving did so during the same period. The permitted floor-crossing periods were to occur from the first to the fifteenth of September in the second and fourth years after each na ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Penuel Maduna
Penuel (or ''Pniel'', ''Pnuel''; Hebrew: ''Pənūʾēl'') is a place described in the Hebrew Bible as being not far from Succoth, on the east of the Jordan River and south of the river Jabbok in present-day Jordan. Penuel is mentioned in the Book of Genesis as the site of Jacob's struggle with the angel. In 1 Kings, it is mentioned as a capital for Jeroboam, first king of the northern Kingdom of Israel, which he fortified. Biblical narrative According to the Biblical narrative, the site was named ''Peniel'' ("Face of God") by Jacob: Here Jacob wrestled (Gen. 32:24–32) "with a man" ("the angel", Hos. 12:4) "till the break of day." This episode resulted in God (or the angel) changing Jacob's name to "Israel" (Gen. 32:28) which literally means, "he who strives with God" or "God strives". Penuel is later mentioned in the Book of Judges. The men of this place refused to give bread to Gideon and his three hundred men when they were in pursuit of the Midianites (). On his retu ...
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Minister Of Justice And Constitutional Development
The Minister of Justice and Correctional Services is the justice minister in the government of South Africa. He is the political head of the Department of Justice and Constitutional Development (DoJCD), the Department of Correctional Services (DCS), and the Office of the Chief Justice. DoJCD is responsible for administrative support to the courts, oversight of the National Prosecuting Authority, the provision of legal services to departments of state, and law reform; and DSC is responsible for prisons and community corrections programmes. , the incumbent is Ronald Lamola, who was appointed to the position by President Cyril Ramaphosa in June 2019. His deputies are John Jeffery, who is responsible for the Justice portfolio, and Inkosi Patekile Holomisa, who is responsible for Correctional Services. History of the portfolio Correctional services was a part of the Justice portfolio until 1990, when extensive prison reforms were announced and a separate department and ministe ...
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Citation Of Constitutional Laws Act, 2005
The Citation of Constitutional Laws Act, 2005 (Act No. 5 of 2005) is an act of the Parliament of South Africa which altered the way in which the Constitution and its amendments are numbered and referred to. An ordinary act of Parliament is referred to by the year in which it is passed and an identifying number within that year; the identifying number is allocated by the Presidency when the act is signed by the President. The Constitution was originally numbered as "Act No. 108 of 1996". Various jurists, including Chief Justice Arthur Chaskalson, expressed the opinion that the Constitution should not be treated as an ordinary act of Parliament, because it was enacted by the Constitutional Assembly rather than by Parliament and because it was supreme over all other law. The Citation of Constitutional Laws Act put this suggestion into effect, removing the Constitution's act number and determining that it was to be referred to only by its title, "Constitution of the Republic of Sout ...
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Constitution Of The Republic Of South Africa, 1996
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since t ...
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Fifteenth Amendment Of The Constitution Of South Africa
The Fifteenth Amendment of the Constitution of South Africa (formally the Constitution Fifteenth Amendment Act of 2008) repealed some of the provisions inserted into the Constitution by the Eighth and Tenth Amendments which allowed for floor-crossing, that is, allowed members of legislative bodies to move from one political party to another without losing their seats. The remaining floor-crossing provisions were repealed by the Fourteenth Amendment, which was enacted at the same time. The Fourteenth Amendment contained the repeal provisions which affected the provincial legislatures and the National Council of Provinces (NCOP), and therefore had to be approved by six of nine provinces in the NCOP as well as by two-thirds of the National Assembly, while the Fifteenth Amendment contained the remaining provisions which only had to be approved by the Assembly. The bills for both amendments were passed by the National Assembly on 20 August 2008, with the Fifteenth Amendment receiving ...
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Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ...
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Municipalities Of South Africa
Local government in South Africa consists of municipalities ( tn, bommasepala; st, bomasepala; nso, bommasepala; af, munisipaliteite; zu, ngomasipala; Southern Ndebele: ''bomasipala''; xh, ngoomasipala; ss, bomasipala; ve, vhomasipala; ts, vamasipala) of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country is divided into counties called district municipalities, each of which consists of several boroughs called local municipalities. Since the boundary reform at the time of the municipal election of 3 August 2016 there are eight metropolitan municipalities, 44 district municipalities and 205 local municipalities. Categories Municipalities can belong to one of three categories: metropolitan, district and local (referred to in the constitution as categories A, C and B). Metropolitan municipalities Metropolitan (or category A) municipalities govern large densely urbanised regions that encompass multip ...
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Floor Crossing (South Africa)
Floor crossing was a system introduced to the post-apartheid South African political system in 2002, under which members of Parliament, members of provincial legislatures and local government councillors could change political party (or form a new party) and take their seats with them when they did so. Floor crossing in South Africa was abolished in January 2009. History Floor crossing was controversial because since 1994, elections in South Africa generally use party-list proportional representation, with voters voting for a political party rather than an individual candidate. Floor crossing allowed politicians elected in that way to change parties, with the possible result that the post-crossing composition of the elected bodies no longer represented the preferences of voters. Floor crossing legislation was initially requested by the Democratic Party and the New National Party in November 2001 as a means of formalising their unification into the Democratic Alliance. The African ...
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Ninth Amendment Of The Constitution Of South Africa
The Ninth Amendment of the Constitution of South Africa modified the scheme for the allocation of seats in the National Council of Provinces, to account for the possibility of changes in the party makeup of provincial legislatures. This was necessary because of other legislation which had been introduced to allow members of the provincial legislatures to cross the floor (move from one party to another) without losing their seats. It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fourteenth Amendment. Provisions The National Council of Provinces (NCOP) consists of ninety members, ten from each province. Seats in each province's delegation are allocated to parties in proportion to the seats held by the parties in the provincial legislature. Before the passage of the Ninth Amendment, seats in a provincial delegation were only re-allocated when a new provincial legislature was elected, and permanent delegates were appointed for a term that last ...
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National Assembly (South Africa)
The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from nine provincial lists and the remaining half from national lists so as to restore proportionality. The National Assembly is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Nosiviwe Mapisa-Nqakula who previously served as the Minister of Defence and Military Veterans. She was elected on 19 August 2021. The Deputy Speaker is Solomon Lechesa Tsenoli who has served in the post since his election on 21 May 2014. The National Assembly chamber was destroyed in a fire in January 2022. National Assembly sittings will now be held in the old Good Hope Chamber, which is within the precincts of parliament. Allocation The National Assembly seats are allocated ...
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National Council Of Provinces
The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people. Composition The NCOP consists of ninety delegates, ten delegates for each of the nine provinces regardless of the population of the province. Each province is equally represented in the NCOP. A provincial delegation is composed of six permanent delegates and four special delegates. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature, based on a formula included in the Constitution. The permanent delegates are selected by the nine provincial legislatures. The four special delegates include t ...
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