Fourteenth Amendment of the Constitution of South Africa
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The Fourteenth Amendment of the
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 Gover ...
(formally the Constitution Fourteenth Amendment Act of 2008) repealed some of the provisions inserted into the Constitution by the Ninth and Tenth Amendments which allowed for
floor-crossing In parliamentary systems, politicians are said to cross the floor if they formally change their political affiliation to a different political party than which they were initially elected under (as is the case in Canada and the United Kingdom). ...
, 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 The remaining floor-crossing provisions were repealed by the Fifteenth Amendment, which was enacted at the same time.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 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 ...
(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 In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
, 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 Fourteenth Amendment receiving 310 votes in favour and none opposed. The bill for the Fourteenth Amendment was passed by the NCOP on 19 November 2008 with all nine provinces voting in favour. Both amendments were signed by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Kgalema Motlanthe on 6 January 2009, and came into force on 17 April 2009, days before the 2009 general election.


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Official text
(PDF) {{Constitution of South Africa Amendments of the Constitution of South Africa 2008 in South African law 2008 legislation