Constitution Thirteenth Amendment Act of 2007 | |
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Parliament of South Africa | |
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Enacted by | Parliament of South Africa |
Enacted | 22 November 2007 |
Assented to | 13 December 2007 |
Commenced | 14 December 2007 |
Legislative history | |
Bill title | Constitution Thirteenth Amendment Bill |
Bill citation | B24—2007 |
Bill published on | 29 June 2007 |
Introduced by | Brigitte Mabandla, Minister of Justice and Constitutional Development |
Amends | |
Constitution of the Republic of South Africa, 1996 | |
Related legislation | |
Twelfth Amendment |
The Thirteenth Amendment of the Constitution of South Africa (formally the Constitution Thirteenth Amendment Act of 2007) 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 Twelfth Amendment had redefined all provincial boundaries and consequently transferred many areas from one province to another. The community of Matatiele, who were strongly opposed to their inclusion in the Eastern Cape, challenged the validity of the amendment before the Constitutional Court. Some residents also founded the African Independent Congress as a political party. On 18 August 2006, the court handed down its decision in the case of Matatiele Municipality and Others v President of the Republic of South Africa and Others , ruling that the transfer of Matatiele had not been validly enacted because the KwaZulu-Natal Legislature had not allowed for public participation, as required by the constitution, before approving the amendment. [1] [2] The court, recognising that Parliament might well re-enact the transfer with the necessary public participation and wishing to avoid the disruption that would be caused if the municipal elections of 1 March 2006 were invalidated in the affected area, suspended its order for eighteen months.
Parliament did indeed re-enact the provisions transferring Matatiele to the Eastern Cape, as the Thirteenth Amendment. In form, the amendment substitutes the sections of Schedule 1A to the Constitution that define the areas of the Eastern Cape and KwaZulu-Natal. The National Assembly passed the bill for the amendment on 20 September 2007 with 269 votes in favour. [3] After the provincial consultation process the National Council of Provinces passed it on 22 November with all nine provinces voting in favour. [4] The act was signed by President Thabo Mbeki on 13 December, and was published and came into force on the following day.
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.
South Africa is divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated, and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the Constitution of South Africa changed the borders of seven of the provinces.
KwaZulu-Natal is a province of South Africa that was created in 1994 when the Zulu bantustan of KwaZulu and Natal Province were merged. It is located in the southeast of the country, with a long shoreline on the Indian Ocean and sharing borders with three other provinces and the countries of Mozambique, Eswatini and Lesotho. Its capital is Pietermaritzburg, and its largest city is Durban. It is the second-most populous province in South Africa, with slightly fewer residents than Gauteng.
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 Separate Representation of Voters Act No. 46 was introduced in South Africa on 18 June 1951. Part of the legislation during the apartheid era, the National Party introduced it to enforce racial segregation, and was part of a deliberate process to remove all non-white people from the voters' roll and revoke the Cape Qualified Franchise system.
Matatiele is a town located in the northern part of the Eastern Cape Province of South Africa. According to the South African National Census of 2011, its 12,466 residents and 4,107 households make Matatiele the largest populated town in the Matatiele Local Municipality.
The African Independent Congress (AIC) is a minor political party in South Africa.
The KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007 was a provincial law dealing with land tenure and evictions in the province of KwaZulu-Natal in South Africa.
The Constitution of the Western Cape is, subject to the Constitution of South Africa, the highest law regulating the structure and powers of the government of the Western Cape province of South Africa. It was enacted by the Western Cape Provincial Legislature in terms of Chapter 6 of the national constitution, and came into force on 16 January 1998. The Western Cape is the only South African province to have adopted a constitution.
Matatiele Local Municipality is a Category B municipality located in the Alfred Nzo District of Eastern Cape in South Africa. It adjoins Lesotho to the north, Elundini to the south-west, and Greater Kokstad to the east and its 4,352 km² makes the Matatiele Local Municipality largest of four municipalities in the district at almost half of its geographical area. [1]
Umzimkhulu Local Municipality is an administrative area in the Harry Gwala District of KwaZulu-Natal in South Africa. Umzimkhulu is a Xhosa and Zulu name meaning “Big/Great house”. Prior to the Twelfth Amendment of the Constitution of South Africa in 2005, confirmed by the Thirteenth in 2007, it was part of the Eastern Cape.
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 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 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.
Umzimkhulu is a town in Harry Gwala District Municipality in the KwaZulu-Natal province of South Africa.
A provincial heritage resources authority (PHRA) is a government agency established at provincial level in South Africa and is responsible for the management of immovable heritage. In some instances, they are also responsible for moveable heritage, interpretation centres and museums.
The Civil Union Amendment Act, 2020 is an act of the Parliament of South Africa which repealed section 6 of the Civil Union Act, 2006, a section which had allowed civil marriage officers to opt out of solemnising same-sex marriages on the grounds of conscience, religion or belief.