| Act No. 26, 1996 | Constitution of the Republic of South Africa Third Amendment Act, 1996 |
Insertion of section 73A in Act 200 of 1993
2. The following section is hereby inserted after section 73 of the Constitution of the Republic of South Africa, 1993:
“Procedure in event of non-certification
73A. If the Constitutional Court finds that a draft of the new constitutional text passed by the Constitutional Assembly in accordance with section 73(2) or approved by it in accordance with section 73(5), does not comply with the Constitutional Principles, the Constitutional Court shall refer the draft text back to the Constitutional Assembly together with the reasons for its finding.
(2) The Constitutional Assembly shall within three months of the date of such referral pass an amended text in accordance with section 73(2) or approve an amended text in accordance with section 73(5), as the case may be, taking into account the reasons of the Constitutional Court.
(3) The amended text shall be referred to the Constitutional Court for certification in terms of section 71, whereupon the provisions of subsections (1) and (2) of this section again apply, except that the period of three months mentioned in subsection (2) is reduced to a period of one month.
(4) If, in the case of a draft text where section 73(2) applies, the Constitutional Assembly fails to pass an amended text in accordance with section 73(2) within the period prescribed in subsection (2) of this section, the provisions of section 73(3) to (9) shall apply mutatis mutandis.”.
Short title
3. This Act shall be called the Constitution of the Republic of South Africa Third Amendment Act, 1996.
