Citation Of Constitutional Laws Act, 2005
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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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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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Constitution Fourth Amendment Act Of 1999
The Fourth Amendment of the Constitution of South Africa made two technical changes relating to the calling of provincial elections and the choice of delegates to the National Council of Provinces. It was enacted by the Parliament of South Africa, signed by Acting President Thabo Mbeki on 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fifth Amendment; the two amendments were separated because the Fourth involved provincial matters and had to be passed by the National Council of Provinces while the Fifth did not. Provisions The Act made two technical modifications to the Constitution. The first was to clarify that, when the term of a provincial legislature is due to expire, the Premier may issue the proclamation calling an election either before or after the term actually expires. The Fifth Amendment made the same change for elections to the National Assembly. The second was to modify the formula for the allocation of ...
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Constitution Eleventh Amendment Act Of 2003
The Eleventh Amendment of the Constitution of South Africa renamed the Northern Province to Limpopo, altered the procedure for intervention by the national government in a failing provincial government and intervention by a provincial government in a failing municipality, and expanded the powers of the provincial executive when it intervenes in a municipality. The bill was passed by the National Assembly on 25 February 2003 with 305 votes in favour, more than the required two-thirds majority, and by the National Council of Provinces on 25 March with all nine provinces in favour. It was signed by President Thabo Mbeki on 9 April, and came into force on 11 July. Formal title The official short title of the amendment is "Constitution Eleventh Amendment Act of 2003". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 2003" and numbered as Act No. 3 of 2003, but the Citation of Constitutional Laws Act, 2005 The Citation of Constitutional Laws ...
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Constitution Tenth Amendment Act Of 2003
The Tenth Amendment of the Constitution of South Africa altered the provisions relating to membership of the National Assembly and the provincial legislatures, to allow members of those bodies to cross the floor (move from one party to another) at certain times without losing their seats. It came into force on 20 March 2003, and was effectively repealed on 17 March 2009 by the Fourteenth and Fifteenth Amendments. Provisions The amendment renumbered the constitution's existing Schedule 6A (inserted by the Eighth Amendment and dealing with municipal floor-crossing) to Schedule 6B, and inserted a new Schedule 6A, entitled "Retention of membership of National Assembly or provincial legislature, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties". This schedule allowed MPs and MPLs to cross the floor without losing their seats, but only during certain window periods. Representatives could also only cross the flo ...
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Constitution Ninth Amendment Act Of 2002
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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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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Constitution Seventh Amendment Act Of 2001
The Seventh Amendment of the Constitution of South Africa made various changes involving the financial management of national and provincial government. Most of its provisions came into force on 26 April 2002, and the remainder on 1 December 2003. Provisions The amendment made the following changes to the Constitution: * Modifying the definition of a "money bill" for the national Parliament and the provincial legislatures. * Providing that, along with money bills, bills determining the division of revenue between national, provincial and local government can only be introduced to Parliament by the Minister of Finance. * Reducing the size of the Financial and Fiscal Commission from 22 members to nine members, by reducing the number of members chosen by the president from nine to two, and by replacing the nine members chosen by the nine provinces individually with three members chosen by the provinces collectively. * Modifying the mechanisms whereby the national government can con ...
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Constitution Sixth Amendment Act Of 2001
The Sixth Amendment of the Constitution of South Africa made a number of changes, most importantly giving the title of " Chief Justice" to the head of the Constitutional Court instead of the head of the Supreme Court of Appeal. It was passed by the National Assembly with the requisite two-thirds majority (279 votes in favour) on 1 November 2001, and signed by President Thabo Mbeki on 20 November; it was published and came into force on the following day. Provisions The amendment renamed the post of "Chief Justice" to "President of the Supreme Court of Appeal", and the post of "President of the Constitutional Court" to "Chief Justice of South Africa"; the deputy heads of each court were also renamed similarly. These changes were intended to clarify the structure of the South African judiciary. Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presid ...
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Constitution Fifth Amendment Act Of 1999
The Fifth Amendment of the Constitution of South Africa made two technical changes, one relating to national election procedures and the other to the membership of the Financial and Fiscal Commission. It was enacted by the Parliament of South Africa, signed by Acting President Thabo Mbeki on 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fourth Amendment; the two amendments were separated because the Fourth involved provincial matters and had to be passed by the National Council of Provinces while the Fifth did not. Provisions The Act made two technical modifications to the Constitution. The first was to clarify that, when the term of the National Assembly is due to expire, the President may issue the proclamation calling an election either before or after the term actually expires. The Fourth Amendment made the same change for elections to provincial legislatures. The second was to allow that the chairperson and dep ...
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Constitution Third Amendment Act Of 1998
The Third Amendment of the Constitution of South Africa made changes to allow the creation of municipalities that cross provincial boundaries. It was enacted by the Parliament of South Africa, signed by President Mandela on 20 October 1998, and came into force on the 30th of the same month. The changes it made were reversed in 2005 by the Twelfth Amendment. Provisions The amendment added two clauses to the Constitution. The first allowed municipal boundaries to be established across provincial boundaries by the agreement of the national and the relevant provincial governments, and provided for national legislation to regulate the process. The second provided that in such municipalities, the ward boundaries were not allowed to cross provincial boundaries. Both of these clauses were removed by the Twelfth Amendment, at the same time as many provincial boundaries were altered. Formal title The official short title of the amendment is "Constitution Third Amendment Act of 1998". I ...
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Brigitte Mabandla
Brigitte Sylvia Mabandla (born 23 November 1948) is the South African Ambassador to Sweden (she presented her credentials on 16 January 2020) and was a member of the African National Congress' National Executive Council, she was formerly the South African minister of public enterprises The Minister of Public Enterprises is a minister in the cabinet of the national government of South Africa. He is appointed by the President of South Africa and is the political head of the Department of Public Enterprises, which was establishe ...;S.Africa's new president reappoints Manuel
Reuters. 2008-09-25 minister of justice and constitutional development (29 April 2004 – 25 September 2008). In 1979, she graduated with an LLB degree in law from the
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Constitution Second Amendment Act Of 1998
The Second Amendment of the Constitution of South Africa extended the terms of municipal councils and made various changes relating to certain independent commissions. It was enacted by the Parliament of South Africa, and signed by President Mandela on 28 September 1998. It came into force on 7 October of the same year. Provisions The Act made various changes to the Constitution: * to extend the term of office of municipal councils from four years to five years, and modify the schedule for the process of transition to the post-apartheid municipal system. * to allow for the designation of alternates to replace members of the Judicial Service Commission in the event of the members' unavailability. * to give Parliament the ability to assign additional powers or functions to the Public Service Commission. * to rename the Human Rights Commission to the South African Human Rights Commission. Formal title The official short title of the amendment is "Constitution Second Amendment Act of ...
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