Constitution First Amendment Act of 1997

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Constitution First Amendment Act of 1997
enacted by the Parliament of South Africa
The Constitution First Amendment Act of 1997 is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. It came into effect retroactively to 4 February 1997, the date when the Constitution itself came into effect. It made three technical changes to the Constitution:
  • Allowing a person to serve as Acting President of the Republic multiple times within the same presidential term, without having to retake the oath each time.
  • Allowing the President of the Constitutional Court to delegate another judge to administer the oath of office to the President or Acting President of the Republic. (A later amendment changed the post of President of the Constitutional Court to that of Chief Justice of South Africa.)
  • Extending the cut-off date for acts which may be considered for amnesty by the Truth and Reconciliation Commission.

The act was originally named Constitution of the Republic of South Africa Amendment Act, 1997, but was renamed by the Citation of Constitutional Laws Act, 2005.

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

Act

To amend the Constitution of the Republic of South Africa, 1996, so as to make further provision in relation to the oath sworn or affirmation made by an Acting President; to extend the cut-off date in respect of the granting of amnesty; and to provide for matters connected therewith.



(English text signed by the President.)
(Assented to 28 August 1997.)




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


Amendment of section 90 of Act 108 of 1996

1. Section 90 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act), is hereby amended by the addition of the following subsection:

(4) A person who as Acting President has sworn or affirmed faithfulness to the Republic need not repeat the swearing or affirming procedure for any subsequent term as Acting President during the period ending when the person next elected President assumes office.”.


Amendment of Schedule 2 to Act 108 of 1996

2. Schedule 2 to the principal Act is hereby amended by the substitution in item 1, for the introductory words preceding the oath or solemn affirmation, of the following words:

“The President or Acting President, before the President of the Constitutional Court, or another judge designated by the President of the Constitutional Court, must swear/affirm as follows:”.


Amendment of Schedule 6 to Act 108 of 1996

3. Schedule 6 to the principal Act is hereby amended by the addition to item 22 of the following subitem, the existing item becoming subitem (1):

(2) For the purposes of subitem (1), the date ‘6 December 1993’, where it appears in the provisions of the previous Constitution under the heading ‘National Unity and Reconciliation’, must be read as ‘11 May 1994’.”.

Short title and commencement

4. This Act is called the Constitution First Amendment Act of 1997, and must be regarded as having taken effect on 4 February 1997.

[S. 4 substituted by s. 2 of Act No. 5 of 2005.]
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