Eighth Amendment of the Constitution of South Africa

Last updated
Constitution Eighth Amendment Act of 2002
Parliament of South Africa
Enacted by Parliament of South Africa
Enacted11 June 2002
Assented to19 June 2002
Commenced20 June 2002
Legislative history
Bill Constitution of the Republic of South Africa Amendment Bill
Bill citationB16B—2002
Bill published on19 April 2002
Introduced by Penuel Maduna, Minister of Justice and Constitutional Development
Amends
Constitution of the Republic of South Africa, 1996
Amended by
Citation of Constitutional Laws Act, 2005 (amended short title)
Repealed by
Constitution Fifteenth Amendment Act of 2008 (effectively)

The Eighth Amendment of the Constitution of South Africa allowed members of municipal councils to cross the floor from one political party to another without losing their seats. It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fifteenth Amendment.

Contents

Provisions

The amendment inserted Schedule 6A, entitled "Loss or retention of membership of Municipal Councils, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties, and filling of vacancies", into the constitution. This schedule allowed municipal councillors to cross the floor without losing their seats, but only during certain window periods. Councillors could also only cross the floor if at least one-tenth of the representatives of the party they were leaving did so during the same period.

The permitted floor-crossing periods were to occur from the first to the fifteenth of September in the second and fourth years after each nationwide municipal election; such elections occur every five years. One was also to occur in the fifteen days immediately after the amendment came into force, but as a result of a court challenge this period was suspended until October. The floor-crossing periods that occurred before repeal were therefore 8–22 October 2002, 1–15 September 2004, and 1–15 September 2007.

Legislative history

The amendment was introduced to Parliament as the Constitution of the Republic of South Africa Amendment Bill, part of a package of four bills dealing with floor-crossing. The others were the Constitution of the Republic of South Africa Second Amendment Bill, which became the Ninth Amendment, the Loss or Retention of Membership of National and Provincial Legislatures Bill, which purported to allow floor-crossing in the national and provincial legislatures, and the Local Government: Municipal Structures Amendment Bill, which dealt with consequential effects of municipal floor-crossing.

The amendment was passed by the National Assembly on 11 June 2002 with 280 votes in favour, more than the requisite two-thirds majority. [1] As a constitutional amendment not involving provincial matters, it did not have to be passed by the National Council of Provinces. It was signed by President Thabo Mbeki on 19 June and came into force on the following day, at the same time as the Ninth Amendment.

The provisions inserted by the Eighth Amendment were repealed on 17 April 2009 by the Fifteenth Amendment.

Formal title

The official short title of the amendment is "Constitution Eighth Amendment Act of 2002". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 2002" and numbered as Act No. 18 of 2002, but the Citation of Constitutional Laws Act, 2005 renamed it and abolished the practice of giving Act numbers to constitutional amendments.

Related Research Articles

Politics of South Africa Political system of South Africa

The Republic of South Africa is a parliamentary representative democratic republic. The President of South Africa serves both as head of state and as head of government. The President is elected by the National Assembly and must retain the confidence of the Assembly in order to remain in office. South Africans also elect provincial legislatures which govern each of the country's nine provinces.

The Fifteenth Amendment may refer to the:

Constitution of South Africa supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993.

Parliament of Pakistan Federal legislature of Pakistan

The Parliament of Pakistan is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate as the upper house and the National Assembly as the lower house. According to the constitution of the Islamic Republic of Pakistan, the President of Pakistan is also a component of the Parliament. The National Assembly is elected for a five-year term on the basis of adult franchise and one-man one-vote. The tenure of a Member of the National Assembly is for the duration of the house, or sooner, in case the Member dies or resigns. The tenure of the National Assembly also comes to an end if dissolved on the advice of the Prime Minister or by the president in his discretion under the Constitution.

Floor crossing was a system introduced to the post-apartheid South African political system in 2002, under which members of Parliament, members of provincial legislatures and local government councillors could change political party and take their seats with them when they did so. Floor crossing in South Africa was abolished in January 2009.

The Twenty-fifth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed the threat of suicide as a grounds for legal abortion in the state, as well as introducing new penalties for anyone performing an abortion, by giving constitutional status to legislation proposed to be enacted after the amendment. It was narrowly rejected in a referendum held on 6 March 2002, with 50.4% against.

The 2007 floor crossing window period in South Africa was a period of 15 days, from 1 to 15 September 2007, in which members of the National Assembly and the provincial legislatures, and municipal councils were able to cross the floor from one political party to another without giving up their seats. The period was authorised by the Tenth Amendment of the Constitution of South Africa, which scheduled regular window periods in the second and fourth September after each election. The previous general election had been held on 14 April 2004, and a previous window period had occurred in September 2005.

The 2003 floor crossing window period in South Africa was a period of 15 days, from 21 March to 4 April 2003, in which members of the National Assembly and the provincial legislatures were able to cross the floor from one political party to another without giving up their seats. The period was authorised by the passage of the Tenth Amendment of the Constitution of South Africa. The amendment scheduled regular window periods in the second and fourth September after each election, but the second and fourth Septembers after the 1999 election had already passed, so it included provision for a special window period starting fifteen days after the amendment came into effect.

The 2005 floor crossing window period in South Africa was a period of 15 days, from 1 to 15 September 2005, in which members of the National Assembly and the provincial legislatures were able to cross the floor from one political party to another without giving up their seats. The period was authorised by the Tenth Amendment of the Constitution of South Africa, which scheduled regular window periods in the second and fourth September after each election. The previous general election had been held on 14 April 2004.

The Seventh Amendment of the Constitution of South Africa made various changes involving the financial management of national and provincial government. Most of its provisions came into force on 26 April 2002, and the remainder on 1 December 2003.

The Ninth Amendment of the Constitution of South Africa modified the scheme for the allocation of seats in the National Council of Provinces, to account for the possibility of changes in the party makeup of provincial legislatures. This was necessary because of other legislation which had been introduced to allow members of the provincial legislatures to cross the floor without losing their seats. It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fourteenth Amendment.

The Tenth Amendment of the Constitution of South Africa altered the provisions relating to membership of the National Assembly and the provincial legislatures, to allow members of those bodies to cross the floor at certain times without losing their seats. It came into force on 20 March 2003, and was effectively repealed on 17 March 2009 by the Fourteenth and Fifteenth Amendments.

The Eleventh Amendment of the Constitution of South Africa renamed the Northern Province to Limpopo, altered the procedure for intervention by the national government in a failing provincial government and intervention by a provincial government in a failing municipality, and expanded the powers of the provincial executive when it intervenes in a municipality.

The Twelfth Amendment of the Constitution of South Africa altered the boundaries of seven of South Africa's nine provinces. It also redefined all of the provinces' geographical areas in terms of the areas of district and metropolitan municipalities, and repealed the provisions introduced by the Third Amendment that allowed municipal areas to cross provincial boundaries. A number of the boundary changes were highly controversial and led to popular protest and court challenges.

The Thirteenth Amendment of the Constitution of South Africa re-enacted provisions of the Twelfth Amendment which the Constitutional Court ruled had not been validly enacted. These provisions transferred the Matatiele Local Municipality from KwaZulu-Natal province to the Eastern Cape province.

The Fourteenth Amendment of the Constitution of South Africa repealed some of the provisions inserted into the Constitution by the Ninth and Tenth Amendments which allowed for floor-crossing, that is, allowed members of legislative bodies to move from one political party to another without losing their seats. The remaining floor-crossing provisions were repealed by the Fifteenth Amendment, which was enacted at the same time.

The Fifteenth Amendment of the Constitution of South Africa repealed some of the provisions inserted into the Constitution by the Eighth and Tenth Amendments which allowed for floor-crossing, that is, allowed members of legislative bodies to move from one political party to another without losing their seats. The remaining floor-crossing provisions were repealed by the Fourteenth Amendment, which was enacted at the same time.

The council of the Overstrand Local Municipality in the Western Cape, South Africa is elected every five years by a system of mixed-member proportional representation. Half of the councillors are elected by first-past-the-post voting from individual wards, while the other half are appointed from party lists so that the total number of party representatives is proportional to the number of votes received. By-elections are held to replace the councillors elected by wards if a vacancy occurs.

The council of the City of Cape Town in the Western Cape, South Africa is elected every five years by a system of mixed-member proportional representation. Half of the councillors are elected by first-past-the-post voting from individual wards, while the other half are appointed from party lists so that the total number of party representatives is proportional to the number of votes received. By-elections are held to replace the councillors elected by wards if a vacancy occurs.

References

  1. "Constitution of the Republic of South Africa Amendment Bill; Constitution of the Republic of South Africa Second Amendment Bill; Local Government: Municipal Structures Amendment Bill (Second Reading debate)". Parliamentary Debates (Hansard) . Republic of South Africa: National Assembly. 11 June 2002. p. 129. Retrieved 16 May 2020.