Citation of Constitutional Laws Act, 2005
Encyclopedia
The Citation of Constitutional Laws Act, 2005 (Act No. 5 of 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.
An ordinary act of Parliament is referred to by the year in which it is passed and an identifying number within that year; the identifying number is allocated by the Presidency when the act is signed by the President
. The Constitution was originally numbered as "Act No. 108 of 1996". Various jurists, including Chief Justice
Arthur Chaskalson
, expressed the opinion that the Constitution should not be treated as an ordinary act of Parliament, because it was enacted by the Constitutional Assembly rather than by Parliament and because it was supreme over all other law. The Citation of Constitutional Laws Act put this suggestion into effect, removing the Constitution's act number and determining that it was to be referred to only by its title, "Constitution of the Republic of South Africa, 1996".
The act also dealt similarly with the eleven (at the time) acts amending the constitution. They had originally been given titles of the form "Constitution of the Republic of South Africa [Second] Amendment Act, [year]" and act numbers in the ordinary sequence. The Citation Act removed their act numbers, and retitled them in a single chronological sequence. The following table makes it clear:
It also decreed that subsequent constitutional amendment acts should be named similarly.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
which altered the way in which the Constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country 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...
and its amendments are numbered and referred to.
An ordinary act of Parliament is referred to by the year in which it is passed and an identifying number within that year; the identifying number is allocated by the Presidency when the act is signed by the President
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
. The Constitution was originally numbered as "Act No. 108 of 1996". Various jurists, including Chief Justice
Chief Justice of South Africa
The Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...
Arthur Chaskalson
Arthur Chaskalson
Arthur Chaskalson, is a former President of the Constitutional Court of South Africa and Chief Justice of South Africa...
, expressed the opinion that the Constitution should not be treated as an ordinary act of Parliament, because it was enacted by the Constitutional Assembly rather than by Parliament and because it was supreme over all other law. The Citation of Constitutional Laws Act put this suggestion into effect, removing the Constitution's act number and determining that it was to be referred to only by its title, "Constitution of the Republic of South Africa, 1996".
The act also dealt similarly with the eleven (at the time) acts amending the constitution. They had originally been given titles of the form "Constitution of the Republic of South Africa [Second] Amendment Act, [year]" and act numbers in the ordinary sequence. The Citation Act removed their act numbers, and retitled them in a single chronological sequence. The following table makes it clear:
| Old act no. | Old title | New title |
|---|---|---|
| 35 of 1997 | Constitution of the Republic of South Africa Amendment Act, 1997 | Constitution First Amendment Act of 1997 Constitution First Amendment Act of 1997 The First Amendment of the Constitution of South Africa made changes related to the oath of office of the Acting President and to the jurisdiction of the Truth and Reconciliation Commission. It was enacted by the Parliament of South Africa, and signed by President Mandela on 28 August 1997... |
| 65 of 1998 | Constitution of the Republic of South Africa Amendment Act, 1998 | Constitution Second Amendment Act of 1998 Constitution Second Amendment Act of 1998 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... |
| 87 of 1998 | Constitution of the Republic of South Africa Second Amendment Act, 1998 | Constitution Third Amendment Act of 1998 |
| 3 of 1999 | Constitution of the Republic of South Africa Amendment Act, 1999 | Constitution Fourth Amendment Act of 1999 |
| 2 of 1999 | Constitution of the Republic of South Africa Second Amendment Act, 1999 | Constitution Fifth Amendment Act of 1999 |
| 34 of 2001 | Constitution of the Republic of South Africa Amendment Act, 2001 | Constitution Sixth Amendment Act of 2001 |
| 61 of 2001 | Constitution of the Republic of South Africa Second Amendment Act, 2001 | Constitution Seventh Amendment Act of 2001 |
| 18 of 2002 | Constitution of the Republic of South Africa Amendment Act, 2002 | Constitution Eighth Amendment Act of 2002 |
| 21 of 2002 | Constitution of the Republic of South Africa Second Amendment Act, 2002 | Constitution Ninth Amendment Act of 2002 |
| 2 of 2003 | Constitution of the Republic of South Africa Amendment Act, 2003 | Constitution Tenth Amendment Act of 2003 |
| 3 of 2003 | Constitution of the Republic of South Africa Second Amendment Act, 2003 | Constitution Eleventh Amendment Act of 2003 |
It also decreed that subsequent constitutional amendment acts should be named similarly.