Constitution Ninth Amendment Act of 2002

From Wikisource
 
Jump to: navigation, search
Constitution Ninth Amendment Act of 2002
enacted by the Parliament of South Africa
The Constitution Ninth Amendment Act of 2002 is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. It came into effect on 20 June 2002, simultaneously with the Constitution Eighth Amendment Act of 2002.

This act was enacted along with the Loss or Retention of Membership of National and Provincial Legislatures Act, 2002, an act which purported to allow members of the National Assembly and the provincial legislatures to cross the floor — to move from one political party to another without losing their seats — at certain times between general elections. This constitutional amendment act regulated the reallocation of seats that would occur in the National Council of Provinces as a result of floor-crossing in the provincial legislatures. However, the Loss or Retention of Membership of National and Provincial Legislatures Act was held to be unconstitutional by the Constitutional Court in the case entitled United Democratic Movement v. President of the Republic of South Africa and Others. In 2003 Parliament passed the Constitution Tenth Amendment Act of 2003, which amended the constitution to allow floor-crossing, and this act then came into effect to regulate its effects on the NCOP. The changes made by this act were later reversed by the Constitution Fourteenth Amendment Act of 2008 when floor-crossing was ended.

The act was originally known as the Constitution of the Republic of South Africa Second Amendment Act, 2002, 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 President.)
(Assented to 19 June 2002.)



Act


To amend the Constitution of the Republic of South Africa, 1996, in order to regulate the allocation of delegates to the National Council Provinces in the event of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within a provincial legislature; and to provide for matters connected therewith.


as amended by
the Citation of Constitutional Laws Act, No. 5 of 2005


Preamble

Whereas the National Council of Provinces is composed of a single delegation from each province consisting of six permanent and four special delegates;

and whereas parties represented in a provincial legislature are entitled to delegates in the province's delegation, and national legislation must determine how many of each party's delegates are to be permanent delegates and how many are to be special delegates;

and whereas national legislation has been passed in accordance with item 23A of Schedule 2 to the Constitution of the Republic of South Africa, 1993, providing for—

  • the manner in which it will be possible for a member of a national or a provincial legislature who ceases to be a member of the party which nominated that member, to retain membership of such legislature; and
  • any existing party to merge with another party, or any party to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing a member of a legislature affected by such changes, to retain membership of such legislature;

and whereas in terms of the national legislation in question, changes of party membership, mergers between parties or subdivision of parties or subdivision and merger of parties within a provincial legislature, may necessitate changes in respect of that legislature's delegation to the National Council of Provinces,


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


Amendment of section 61 of Act 108 of 1996

1. Section 61 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) (a) A provincial legislature must, within 30 days after the result of an election of [a provincial] that legislature is declared [the legislature must]

[(a)](i) determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and

[(b)](ii) appoint the permanent delegates in accordance with the nominations of the parties.

(b) If the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature, it must within 30 days after such change—

(i) determine, in accordance with the national legislation referred to in paragraph (a), how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and

(ii) appoint the permanent delegates in accordance with the nominations of the parties.”.


Amendment of section 62 of Act 108 of 1996

2. Section 62 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) Permanent delegates are appointed for a term that expires

(a) immediately before the first sitting of a provincial legislature after its next election; or

(b) on the day before the appointment of permanent delegates in accordance with section 61(2)(b)(ii) takes effect.”.


Amendment of Schedule 3 to Act 108 of 1996, as amended by section 2 of Act 3 of 1999 and section 19 of Act 34 of 2001

3. Schedule 3 to the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for item 3 of Part B of the following item:

3. If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties, including any merged party as contemplated in section 61(2)(b), with the same surplus in sequence of votes recorded, starting with the party or merged party which recorded the highest number of votes, including combined votes in the case of a merged party, during the last election for the provincial legislature concerned, but if any of the parties with the same surplus—

(a) came into existence on account of changes of party membership or subdivision of parties within that legislature as contemplated in section 61(2)(b); and

(b) did not participate in the last election for the provincial legislature concerned,

the legislature must allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy.”.


Short title

4. This Act is called the Constitution Ninth Amendment Act of 2002.

[S. 4 substituted by s. 2 of Act No. 5 of 2005.]
This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.

According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."