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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.
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 (codicils), thus changing the frame of government without altering the existing text of the document.
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 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 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 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.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
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 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.
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 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.
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 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 Sixteenth Amendment of the Constitution of South Africa transferred Merafong City Local Municipality from North West to Gauteng, altering the boundary between the two provinces. It alters the sections of Schedule 1A to the Constitution that define the geographical areas of the two provinces. The amendment came about in response to the ongoing, and sometimes violent, protests by the people of Khutsong, which had previously been transferred from Gauteng to the North West by the Twelfth Amendment.
References
- ↑ "General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill; Constitution Fourteenth Amendment Bill; Constitution Fifteenth Amendment Bill (Second Reading debate)". Parliamentary Debates (Hansard) . Republic of South Africa: National Assembly. 20 August 2008. p. 41. Retrieved 16 May 2020.
- ↑ "Constitution Fourteenth Amendment Bill; General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill (Consideration of Bills and of Reports thereon)". Parliamentary Debates (Hansard) . Republic of South Africa: National Council of Provinces. 19 November 2008. p. 154. Retrieved 16 May 2020.
