Third Amendment of the Constitution of South Africa

Last updated
Constitution Third Amendment Act of 1998
Houses of Parliament (Cape Town).jpg
Act to amend the Constitution of the Republic of South Africa, 1996, so as to provide that, where a municipal boundary is determined across a provincial boundary, national legislation must make provision for establishing a municipality of a type agreed to by the provincial governments concerned and for the exercising of executive authority over that municipality; and to provide for matters connected therewith.
Enacted by Parliament of South Africa
Date assented to 20 October 1998
Date commenced 30 October 1998
Legislative history
Bill Constitution of the Republic of South Africa Second Amendment Bill
Bill citation B85—1998
Introduced by Valli Moosa, Minister of Provincial Affairs and Constitutional Development
Amendments
Short title amended by the Citation of Constitutional Laws Act, 2005
Repealing legislation
Effectively repealed by the Constitution Twelfth Amendment Act of 2005

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 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.

Local government in South Africa consists of municipalities of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country is divided into district municipalities, each of which consists of several local municipalities. After the municipal election of 18 May 2011 there were eight metropolitan municipalities, 44 district municipalities and 226 local municipalities. Since the boundary reform at the time of the municipal election of 3 August 2016 there are eight metropolitan municipalities, 44 district municipalities and 205 local municipalities.

Provinces of South Africa first-level administrative divisions of South Africa

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 changed the borders of seven of the provinces.

Contents

Provisions

The amendment added two clauses to the Constitution. The first allowed municipal boundaries to be established across provincial boundaries by the agreement of the national and the relevant provincial governments, and provided for national legislation to regulate the process. The second provided that in such municipalities, the ward boundaries were not allowed to cross provincial boundaries. Both of these clauses were removed by the Twelfth Amendment, at the same time as many provincial boundaries were altered.

Formal title

The official short title of the amendment is "Constitution Third Amendment Act of 1998". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 1998" and numbered as Act No. 87 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.

Related Research Articles

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.

Meech Lake Accord

The Meech Lake Accord was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all 10 Canadian provincial premiers. It was intended to persuade the government of Quebec to symbolically endorse the 1982 constitutional amendments by providing for some decentralization of the Canadian federation.

An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party.

Amendments to the Constitution of Canada are changes to the Constitution of Canada.

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 nine provinces of South Africa are divided into 52 districts, which are either metropolitan or district municipalities. They are the second level of administrative division, below the provinces and above the local municipalities.

Second Amendment of the Constitution of South Africa

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.

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.

Fourth Amendment of the Constitution of South Africa

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.

Fifth Amendment of the Constitution of South Africa

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.

Sixth Amendment of the Constitution of South Africa

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.

Seventh Amendment of the Constitution of South Africa

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.

Eighth Amendment of the Constitution of South Africa

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.

Ninth Amendment of the Constitution of South Africa

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.

Tenth Amendment of the Constitution of South Africa

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.

Eleventh Amendment of the Constitution of South Africa

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.

Twelfth Amendment of the Constitution of South Africa

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.

Thirteenth Amendment of the Constitution of South Africa

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.

This is a timeline of notable events in the history of lesbian, gay, bisexual and transgender people in South Africa.