Second Amendment of the Constitution of South Africa

Last updated
Constitution Second Amendment Act of 1998
Parliament of South Africa
Enacted by Parliament of South Africa
Assented to28 September 1998
Commenced7 October 1998
Legislative history
Bill Constitution of the Republic of South Africa Amendment Bill
Bill citationB84—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 (amends short title)

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.

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 South Africa legislature in South Africa

The Parliament 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.

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

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Contents

Provisions

The Act made various changes to the Constitution:

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.

A municipal council is the legislative body of a municipality such as a city council or a town council.

Judicial Service Commission (South Africa)

The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa.

Formal title

The official short title of the amendment is "Constitution Second Amendment Act of 1998". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1998" and numbered as Act No. 65 of 1998, but the Citation of Constitutional Laws Act, 2005 renamed it and abolished the practice of giving Act numbers to constitutional amendments.

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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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.

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 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.

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.

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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.