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—
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—
(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: