Constitution of the Republic of South Africa Second Amendment Act, 1998
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Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. It came into effect on 30 October 1998. It authorised the creation of municipalities crossing provincial boundaries, and laid down conditions under which such municipalities could be created; these changes were later reversed by the Constitution Twelfth Amendment Act of 2005.
The Constitution of the Republic of South Africa Second Amendment Act, 1998 (Act No. 87 of 1998) is an Act of the |
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 20 October 1998.)
To amend the Constitution of the Republic of South Africa, 1996, so as to provide that, where a municipal boundary is determined across a provincial boundary, national legislation must make provision for establishing a municipality of a type agreed to by the provincial governments concerned and for the exercising of executive authority over that municipality; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 155 of Act 108 of 1996
1. Section 155 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (6) of the following subsection:
“(6A) If the criteria envisaged in subsection (3) (b) cannot be fulfilled without a municipal boundary extending across a provincial boundary—
Amendment of section 157 of Act 108 of 1996
2. Section 157 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) (a) If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation.
(b) Where a municipal boundary has been determined in terms of section 155 (6A), a ward delimited within that municipal boundary may not extend across the provincial boundary concerned.”.
3. This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 1998.
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