Constitution of the Republic of South Africa Second Amendment Act, 1994

From Wikisource
Jump to: navigation, search
Constitution of the Republic of South Africa Second Amendment Act, 1994
enacted by the Parliament of South Africa
The Constitution of the Republic of South Africa Second Amendment Act, 1994 (Act No. 3 of 1994) is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1993. It was promulgated on 26 April 1994 and came into effect on the following day, simultaneously with the Constitution itself. It modified the constitution to ensure a special status for the Zulu Monarch in KwaZulu-Natal province; it was part of the deal arranged at the last minute to ensure the participation of the Inkatha Freedom Party in the first non-racial elections.

This act was repealed, along with the 1993 Constitution, when the Constitution of the Republic of South Africa, 1996 came into force on 4 February 1997.

Note that words underlined with a solid line indicate insertions in existing enactments.

Act

To amend the Constitution of the Republic of South Africa, 1993, so as to provide for the institution, role, authority and status of traditional monarchs in provincial constitutions; and to provide for matters in connection therewith.



(English text signed by the State President.)
(Assented to 25 April 1994.)



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


Amendment of section 160 of Act 200 of 1993, as amended by section 8 of Act 2 of 1994

1. Section 160 of the Constitution of the Republic of South Africa, 1993, is hereby amended by the substitution for the proviso to subsection (3) of the following proviso:

“Provided that a provincial constitution may—

(a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province; and

(b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal.”.


Amendment of Schedule 4 to Act 200 of 1993, as amended by section 13 of Act 2 of 1994

2. Schedule 4 to the Constitution of the Republic of South Africa, 1993, is hereby amended by the substitution for Constitutional Principle XIII of the following Principle:

1. The institution, status and role of traditional leadership, according to indigenous law, shall be recognised and protected in the Constitution. Indigenous law, like common law, shall be recognised and applied by the courts, subject to the fundamental rights contained in the Constitution and to legislation dealing specifically therewith.

2. Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution.”.


Short title and commencement

3. This Act shall be called the Constitution of the Republic of South Africa Second Amendment Act, 1994, and shall come into operation on 27 April 1994.

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."