REPUBLIC OF SOUTH AFRICA
REGULATION OF CONSTITUTIONAL AMENDMENTS AMENDMENT BILL
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(As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. ….. of ….. 2004) (The English text is the official text of the Bill)
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(MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT)
[B - 2004]
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REPUBLIEK VAN SUID-AFRIKA
WYSIGINGSWETSONTWERP OP DIE REGULERING VAN GRONDWETLIKE WYSIGINGS
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(Soos ingedien by die Nasionale Vergadering as 'n artikel 75-wetsontwerp; verduidelikende opsomming van Wetsontwerp in Staatskoerant No. ….. van ….. 2004 gepubliseer) (Die Afrikaanse teks is die amptelike vertaling van die Wetsontwerp)
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(MINISTER VIR JUSTISIE EN STAATKUNDIGE ONTWIKKELING)
[W - 2004]
hh050204 (Draft 2)
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing enactments.
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BILL
To change the reference to the Constitution of the Republic of South Africa, 1996; to substitute the short titles of the Constitution Amendment Acts; to regulate the short titles of Acts amending the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.
Preamble
WHEREAS section 2 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides that the Constitution is the supreme law of the Republic of South Africa;
AND WHEREAS the Constitution, unlike all other Acts of South Africa, was not passed by Parliament, but was adopted by the Constitutional Assembly;
AND RECOGNISING that the Constitution and amendments to the Constitution should be treated differently from other Acts of Parliament, for example, by not being allocated an Act number like all other ordinary Acts of Parliament,
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:
Change of reference to Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)
1. (1) As from the date of commencement of this Act, no Act number will be allocated to the "Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)".
(2) A reference in any law in force immediately prior to the date of commencement of this Act to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), must be construed as a reference to the Constitution of the Republic of South Africa, 1996.
Amendment of laws
2. The laws specified in the second column of the Schedule are hereby amended to the extent indicated in the third column thereof.
Short titles of Acts amending the Constitution of the Republic of South Africa, 1996
3. The short titles of all Constitution Amendment Acts that are passed by Parliament after the date of commencement of this Act must be numbered consecutively, in line with the short titles indicated in the third column of the Schedule, the first Constitution Amendment Act passed after the adoption of this Act starting with the number that follows on the last number indicated in the third column of the Schedule.
Short title
4. This Act is called the Regulation of Constitutional Amendments Amendment Act, 2004.
SCHEDULE
|
No. and year of law |
Short title |
Extent of amendment |
|
Act No. 35 of 1997 |
Constitution of the Republic of South Africa Amendment Act, 1997 |
The following section is substituted for section 4: "Short title and commencement 4. This Act is called the Constitution [of the Republic of South Africa] First Amendment Act of 1997, and must be regarded as having taken effect on 4 February 1997.". |
|
Act No. 65 of 1998 |
Constitution of the Republic of South Africa Amendment Act, 1998 |
The following section is substituted for section 6: "Short title 6. This Act is called the Constitution [of the Republic of South Africa] Second Amendment Act of 1998.". |
|
Act No. 87 of 1998 |
Constitution of the Republic of South Africa Second Amendment Act, 1998 |
The following section is substituted for section 3: "Short title 3. This Act is called the Constitution [of the Republic of South Africa Second] Third Amendment Act of 1998.". |
|
Act No. 3 of 1999 |
Constitution of the Republic of South Africa Amendment Act, 1999 |
The following section is substituted for section 3: "Short title 3. This Act is called the Constitution [of the Republic of South Africa] Fourth Amendment Act of 1999.". |
|
Act No. 2 of 1999 |
Constitution of the Republic of South Africa Second Amendment Act, 1999 |
The following section is substituted for section 3: "Short title 3. This Act is called the Constitution [of the Republic of South Africa Second] Fifth Amendment Act of 1999.". |
|
Act No. 34 of 2001 |
Constitution of the Republic of South Africa Amendment Act, 2001 |
The following section is substituted for section 21: "Short title and commencement 21. This Act is called the Constitution [of the Republic of South Africa] Sixth Amendment Act of 2001.". |
|
Act No. 61 of 2001 |
Constitution of the Republic of South Africa Second Amendment Act, 2001 |
The following section is substituted for section 11: "Short title 11. This Act is called the Constitution [of the Republic of South Africa Second] Seventh Amendment Act of 2001, and comes into operation on a date fixed by the President by proclamation in the Gazette.". |
|
Act No. 18 of 2002 |
Constitution of the Republic of South Africa Amendment Act, 2002 |
The following section is substituted for section 3: "Short title 3. This Act is called the Constitution [of the Republic of South Africa] Eighth Amendment Act of 2002.". |
|
Act No. 21 of 2002 |
Constitution of the Republic of South Africa Second Amendment Act, 2002 |
The following section is substituted for section 4: "Short title 4. This Act is called the Constitution [of the Republic of South Africa Second] Ninth Amendment Act of 2002.". |
|
Act No. 2 of 2003 |
Constitution of the Republic of South Africa Amendment Act, 2003 |
The following section is substituted for section 10: "Short title 10. This Act is called the Constitution [of the Republic of South Africa] Tenth Amendment Act of 2003, and comes into operation on a date set by the President by proclamation.". |
|
Act No. 3 of 2003 |
Constitution of the Republic of South Africa Second Amendment Act, 2003 |
The following section is substituted for section 5: "Short title and commencement 5. This Act is called the Constitution [of the Republic of South Africa Second] Eleventh Amendment Act of 2003, and takes effect on a date determined by the President by proclamation in the Gazette.". |