Constitution of the Republic of South Africa Amendment Act, 1994
To amend the Constitution of the Republic of South Africa, 1993, so as to change the name of the province of Natal to “KwaZulu/Natal”; to extend the legislative powers of provincial legislatures; to further regulate the financial and fiscal affairs of the provinces to ensure greater provincial powers; to provide that provinces may adopt constitutions in terms of which legislative and executive structures and procedures may differ from those provided for in the Constitution; to provide for the establishment of a Volkstaat Council and to set out its functions; to make provision for separate ballot papers in respect of the election for the National Assembly and for the provincial legislatures; to provide for the entrenchment of the boundaries and the powers and functions of the provinces; and to authorise constitutional provision for communities sharing a common cultural and language heritage to exercise a form of self-determination; and to provide for matters in connection therewith.
(English text signed by the State President.)
(Assented to 2 March 1994.)
Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:—
Amendment of section 124 of Act 200 of 1993
1. Section 124 of the Constitution of the Republic of South Africa, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the name “Natal”, wherever it occurs, of the name “KwaZulu/Natal”.
Amendment of section 126 of Act 200 of 1993
2. Section 126 of the principal Act is hereby amended—
Amendment of section 155 of Act 200 of 1993
3. Section 155 of the principal Act is hereby amended—
Amendment of section 156 of Act 200 of 1993
4. Section 156 of the principal Act is hereby amended—
Amendment of section 157 of Act 200 of 1993
5. Section 157 of the principal Act is hereby amended—
Substitution of section 158 of Act 200 of 1993
6. The following section is hereby substituted for section 158 of the principal Act:
“Financial allocations by national government
158. [Revenue] Financial allocations [made] by the national government—
Amendment of section 159 of Act 200 of 1993
7. Section 159 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) There is hereby established in the administration of each province a Provincial Revenue Fund, into which shall be paid all revenue [raised] collected by or accruing to the provincial government, and all financial allocations referred to in section 158 made by the national government to such a provincial government and to local governments within the province of such a provincial government.”.
Amendment of section 160 of Act 200 of 1993
8. Section 160 of the principal Act is hereby amended—
Insertion of Chapter 11A in Act 200 of 1993
9. The following Chapter is hereby inserted in the principal Act after section 184:
Provision for establishment of Volkstaat Council
184A. (1) The establishment of a Volkstaat Council is hereby authorised.
(2) The Council shall consist of 20 members elected by members of Parliament who support the establishment of a Volkstaat for those who want it.
(3) The Council shall conduct its affairs according to rules made by the Council.
Functions of Council
184B. (1) The Council shall serve as a constitutional mechanism to enable proponents of the idea of a Volkstaat to constitutionally pursue the establishment of such a Volkstaat, and shall for this purpose be competent—
(2) The procedures to be followed by the Council in the performance of its functions under subsection (1), shall be prescribed by an Act of Parliament.
(3) The procedures provided for in this Constitution with regard to the finalisation of provincial boundaries, shall not be construed as precluding the establishment of such a Volkstaat, and in the event of the acceptance of the concept of a Volkstaat, alternative provision shall be made by an Act of Parliament for the finalisation of the boundaries of any affected province or provinces.”.
Amendment of section 249 of Act 200 of 1993
10. (1) Section 249 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively:
“(1) Notwithstanding the fact that Chapter 4 may not yet be in force, the State President may, by proclamation in the Gazette, call an election in terms of the Electoral Act, 1993, for the election of the members of the National Assembly and the provincial legislatures.
(2) Such election shall be conducted in accordance with Schedule 2 and the Electoral Act, 1993, as amended by the Constitution of the Republic of South Africa Amendment Act, 1994, and the Electoral Amendment Act, 1994, respectively.”.
(2) Subsection (1) shall be deemed to have come into operation on the date of commencement of section 249 of the principal Act.
Amendment of Schedule 1 to Act 200 of 1993
11. Schedule 1 to the principal Act is hereby amended—
Amendment of Schedule 2 to Act 200 of 1993
12. Schedule 2 to the principal Act is hereby amended—
Amendment of Schedule 4 to Act 200 of 1993
13. Schedule 4 to the principal Act is hereby amended—
Substitution of Schedule 6 to Act 200 of 1993
14. The following Schedule is hereby substituted for Schedule 6 to the principal Act:
Airports, other than international and national airports
Animal control and diseases
Casinos, racing, gambling and wagering
Education at all levels, excluding university and technikon education
Indigenous law and customary law
Language policy and the regulation of the use of official languages within a province, subject to section 3
Local government, subject to the provisions of Chapter 10
Markets and pounds
Nature conservation, excluding national parks, national botanical gardens and marine resources
Police, subject to the provisions of Chapter 14
Provincial public media
Provincial sport and recreation
Regional planning and development
Road traffic regulation
Trade and industrial promotion
Urban and rural development
Prevalence of English text of Constitution
15. Notwithstanding the fact that the Afrikaans text of the principal Act is the signed text, the English text of that Act shall, for the purposes of its interpretation, prevail as if it were the signed text.
Short title and commencement
16. (1) This Act shall be called the Constitution of the Republic of South Africa Amendment Act, 1994, and shall, subject to subsection (2), come into operation on 27 April 1994.
(2) Section 251(2) and (3) of the principal Act shall apply mutatis mutandis to a provision of this Act.