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, thus changing the frame of government without altering the existing text of the document.
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019.
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.
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 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 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.
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 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 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.
The 2024 South African general election will be held in 2024 to elect a new National Assembly as well as the provincial legislature in each province. These will be the seventh elections held under the conditions of universal adult suffrage since the end of the apartheid era in 1994. The new National Council of Provinces will be elected at the first sitting of each provincial legislature. Ever since the first post-apartheid election in 1994, the African National Congress has held a majority of seats in the National Assembly and thus governed alone, with the exceptions of the Government of National Unity from 1994 to 1999 and from 1999 through to 2004 with the Inkatha Freedom Party.
Dikgang Mathews Stock is a South African politician from the Northern Cape serving as a Member of the National Assembly of South Africa since 2019. Prior to his election to the National Assembly, he served as a permanent delegate to the National Council of Provinces from 2014 to 2019. Stock is a member of the African National Congress.
Masefako Clarah Dikgale is a South African politician who has been a Member of the National Assembly of South Africa since 2019. Prior to serving in the National Assembly, she served as a permanent delegate to the National Council of Provinces from Limpopo from 2009 to 2019. Dikgale is a member of the African National Congress.
