Constitution Fifth Amendment Act of 1999

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Constitution Fifth Amendment Act of 1999
enacted by the Parliament of South Africa
The Constitution Fifth Amendment Act of 1999 is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. It came into effect on 19 March 1999 and made two technical changes to the constitution:
  • Allowing elections to the National Assembly to be called before or after the expiry of the term of the assembly.
  • Allowing the chairperson and deputy chairperson of the Financial and Fiscal Commission to be part-time members.

The act was originally known as the Constitution of the Republic of South Africa Second Amendment Act, 1999, but was renamed by the Citation of Constitutional Laws Act, 2005.

Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments.


(English text signed by the Acting President.)
(Assented to 17 March 1999.)



Act

To amend the Constitution of the Republic of South Africa, 1996, so as to allow a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the expiry of the term of the National Assembly; and to dispense with the requirement that the chairperson and deputy chairperson of the Financial and Fiscal Commission must be full-time members of the Commission; and to provide for matters connected therewith.



Be it enacted by the Parliament of the Republic of South Africa, as follows:—


Amendment of section 49 of Act 108 of 1996

1. Section 49 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act), is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the National Assembly.”.


Amendment of section 221 of Act 108 of 1996

2. Section 221 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph:

(a) A chairperson and a deputy chairperson [who are full-time members];”.


Short title

3. This Act is called the Constitution Fifth Amendment Act of 1999.

[S. 3 substituted by s. 2 of Act No. 5 of 2005.]
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