First Amendment of the Constitution of South Africa

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Constitution First Amendment Act of 1997
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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.
Enacted by Parliament of South Africa
Date assented to 28 August 1997
Date commenced 4 February 1997 (retroactively)
Legislative history
Bill Constitution of the Republic of South Africa Amendment Bill
Bill citation B49—1997
Introduced by Valli Moosa, Minister of Provincial Affairs and Constitutional Development
Amendments
Short title amended by the Citation of Constitutional Laws Act, 2005

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.

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, 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 South Africa legislature in South Africa

The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces.

President of South Africa South Africas head of state and head of government

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Contents

Provisions

The Act made three technical modifications to the Constitution:

Oath of office an official promise by a person who has been elected to a public office to fulfill the duties of the office according to the law

An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such oaths are often required by the laws of the state, religious body, or other organization before the person may actually exercise the powers of the office or any religious body. It may be administered at an inauguration, coronation, enthronement, or other ceremony connected with the taking up of office itself, or it may be administered privately. In some cases it may be administered privately and then repeated during a public ceremony.

Constitutional Court of South Africa supreme court for constitutional matters in South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa. It was originally the final appellate court for constitutional matters. Since the enactment of the Superior Courts Act in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.

The Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections.

Formal title

The official short title of the amendment is "Constitution First Amendment Act of 1997". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1997" and numbered as Act No. 35 of 1997, but the Citation of Constitutional Laws Act, 2005 renamed it and abolished the practice of giving Act numbers to constitutional amendments.

Citation of Constitutional Laws Act, 2005

The Citation of Constitutional Laws Act, 2005 is an act of the Parliament of South Africa which altered the way in which the Constitution and its amendments are numbered and referred to.

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