Fifth Amendment of the Constitution of South Africa

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Constitution Fifth Amendment Act of 1999
Coat of arms of South Africa (heraldic).svg
Parliament of South Africa
  • Act to amend the Constitution of the Republic of South Africa, 1996, so as to allow a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the expiry of the term of the National Assembly; and to dispense with the requirement that the chairperson and deputy chairperson of the Financial and Fiscal Commission must be full-time members of the Commission; and to provide for matters connected therewith.
Enacted by Parliament of South Africa
Assented to17 March 1999
Commenced19 March 1999
Legislative history
Bill titleConstitution of the Republic of South Africa Fourth Amendment Bill
Bill citationB124—1998
Introduced by Valli Moosa, Minister of Provincial Affairs and Constitutional Development
Amends
Constitution of the Republic of South Africa, 1996
Amended by
Citation of Constitutional Laws Act, 2005 (amended short title)

The Fifth Amendment of the Constitution of South Africa made two technical changes, one relating to national election procedures and the other to the membership of the Financial and Fiscal Commission. It was enacted by the Parliament of South Africa, signed by Acting President Thabo Mbeki on 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fourth Amendment; the two amendments were separated because the Fourth involved provincial matters and had to be passed by the National Council of Provinces while the Fifth did not.

Contents

Provisions

The Act made two technical modifications to the Constitution. The first was to clarify that, when the term of the National Assembly is due to expire, the President may issue the proclamation calling an election either before or after the term actually expires. The Fourth Amendment made the same change for elections to provincial legislatures. The second was to allow that the chairperson and deputy chairperson of the Financial and Fiscal Commission need not necessarily be permanent members of the commission.

Formal title

The official short title of the amendment is "Constitution Fifth Amendment Act of 1999". It was originally titled "Constitution of the Republic of South Africa Fifth Amendment Act, 1999" and numbered as Act No. 2 of 1999, but the Citation of Constitutional Laws Act, 2005 renamed it and abolished the practice of giving Act numbers to constitutional amendments.

Related Research Articles

The Republic of South Africa is a unitary parliamentary 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.

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.

Fifth Amendment may refer to:

<span class="mw-page-title-main">Constitution of South Africa</span> 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. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.

<span class="mw-page-title-main">National Council of Provinces</span> Upper house of the Parliament of South Africa

The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people.

The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. The current constitution was ratified in 1874 following the Brooks–Baxter War.

A term of office is the length of time a person serves in a particular elected office. In many jurisdictions there is a defined limit on how long terms of office may be before the officeholder must be subject to re-election. Some jurisdictions exercise term limits, setting a maximum number of terms an individual may hold in a particular office.

<span class="mw-page-title-main">Electoral Commission of South Africa</span>

The Electoral Commission of South Africa is South Africa's election management body, an independent organisation established under chapter nine of the Constitution. It conducts elections to the National Assembly, provincial legislatures and municipal councils.

<span class="mw-page-title-main">First Amendment of the Constitution of South Africa</span>

The First Amendment of the Constitution of South Africa made changes related to the oath of office of the Acting President and to the jurisdiction of the Truth and Reconciliation Commission. It was enacted by the Parliament of South Africa, and signed by President Mandela on 28 August 1997. However it was deemed to come into effect retroactively, from 4 February 1997, the date when the constitution itself came into force.

<span class="mw-page-title-main">Second Amendment of the Constitution of South Africa</span>

The Second Amendment of the Constitution of South Africa extended the terms of municipal councils and made various changes relating to certain independent commissions. It was enacted by the Parliament of South Africa, and signed by President Mandela on 28 September 1998. It came into force on 7 October of the same year.

The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from 8 June 1962 until martial law was declared in 25 March 1969. It was abrogated on 25 March 1969 by President Yahya Khan.

<span class="mw-page-title-main">Third Amendment of the Constitution of South Africa</span>

The Third Amendment of the Constitution of South Africa made changes to allow the creation of municipalities that cross provincial boundaries. It was enacted by the Parliament of South Africa, signed by President Mandela on 20 October 1998, and came into force on the 30th of the same month. The changes it made were reversed in 2005 by the Twelfth Amendment.

<span class="mw-page-title-main">Fourth Amendment of the Constitution of South Africa</span>

The Fourth Amendment of the Constitution of South Africa made two technical changes relating to the calling of provincial elections and the choice of delegates to the National Council of Provinces. It was enacted by the Parliament of South Africa, signed by Acting President Thabo Mbeki on 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fifth Amendment; the two amendments were separated because the Fourth involved provincial matters and had to be passed by the National Council of Provinces while the Fifth did not.

<span class="mw-page-title-main">Sixth Amendment of the Constitution of South Africa</span>

The Sixth Amendment of the Constitution of South Africa made a number of changes, most importantly giving the title of "Chief Justice" to the head of the Constitutional Court instead of the head of the Supreme Court of Appeal. It was passed by the National Assembly with the requisite two-thirds majority on 1 November 2001, and signed by President Thabo Mbeki on 20 November; it was published and came into force on the following day.

<span class="mw-page-title-main">Seventh Amendment of the Constitution of South Africa</span> Amendment regarding financial management of various levels of South Africas government

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.

<span class="mw-page-title-main">Eighth Amendment of the Constitution of South Africa</span>

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.

<span class="mw-page-title-main">Ninth Amendment of the Constitution of South Africa</span> Modified apportionment

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.

<span class="mw-page-title-main">Tenth Amendment of the Constitution of South Africa</span>

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.

<span class="mw-page-title-main">Eleventh Amendment of the Constitution of South Africa</span>

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.

<span class="mw-page-title-main">Thirteenth Amendment of the Constitution of South Africa</span>

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.