Page:Constitution of the Republic of South Africa Amendment Act 2001 from Government Gazette.djvu/5

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Act No. 34, 2001

Constitution of the Republic of South Africa Amendment Act, 2001

Amendment of section 175 of Act 108 of 1996

14. Section 175 of the Constitution is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The President may appoint a woman or a man to be an acting judge of the Constitutional Court if there is a vacancy or if a judge is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the [President of the Constitutional Court and the] Chief Justice.”.

Amendment of section 176 of Act 108 of 1996

15. Section 176 of the Constitution is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) A Constitutional Court judge [is appointed] holds office for a non-renewable term of 12 years, [but must retire at] or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.”.

Amendment of section 178 of Act 108 of 1996, as amended by section 2 of Act 65 of 1998

16. Section 178 of the Constitution is hereby amended by the substitution—

(a)

for paragraph (b) of subsection (1) of the following paragraph:

“(b)

the President of the [Constitutional Court] Supreme Court of Appeal;”;

(b)

for paragraph (k) of subsection (1) of the following paragraph:

“(k)

when considering matters [specifically] relating to a [provincial or local division of the] specific High Court, the Judge President of that [division] Court and the Premier of the province concerned, or an alternate designated by each of them.”; and

(c)

for subsection (7) of the following subsection:

“(7) If the Chief Justice or the President of the [Constitutional Court] Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the [Constitutional Court] Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.”.

Insertion of section 230A in Act 108 of 1996

17. The following section is hereby inserted in the Constitution after section 230:

“Municipal loans

230A. (1) A Municipal Council may, in accordance with national legislation—

(a)

raise loans for capital or current expenditure for the municipality, but loans for current expenditure may be raised only when necessary for bridging purposes during a fiscal year; and

(b)

bind itself and a future Council in the exercise of its legislative and executive authority to secure loans or investments for the municipality.

(2) National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.”.

Substitution of Schedule 2 to Act 108 of 1996, as amended by section 2 of Act 35 of 1997

18. The following Schedule is hereby substituted for Schedule 2 to the Constitution: