Constitution First Amendment Act of 1997
Encyclopedia
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. However it was deemed to come into effect retroactively, from 4 February 1997, the date when the constitution itself came into force.
This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections
.
of the amendment is "Constitution First Amendment Act of 1997". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1997" and numbered as Act No. 35 of 1997, but the Citation of Constitutional Laws Act, 2005
renamed it and abolished the practice of giving Act numbers to constitutional amendments.
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...
made changes related to the oath of office of the Acting President and to the jurisdiction of the Truth and Reconciliation Commission
Truth and Reconciliation Commission
The Truth and Reconciliation Commission was a court-like restorative justice body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected...
. It was enacted by 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....
, and signed by 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....
Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
on 28 August 1997. However it was deemed to come into effect retroactively, from 4 February 1997, the date when the constitution itself came into force.
Provisions
The Act made three technical modifications to the Constitution:- to provide that a person who serves as Acting President of the Republic more than once during a single presidential term only has to swear the oath of officeOath of officeAn oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
the first time that they become Acting President. - to allow the President of the Constitutional CourtConstitutional Court of South AfricaThe Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
(now known as the Chief JusticeChief Justice of South AfricaThe 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...
) to designate another judge to administer the oath of office to the President or Acting President, rather than administering it personally. - to extend the cut-off date for actions for which amnestyAmnestyAmnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
could be granted by the Truth and Reconciliation Commission, changing it from 6 December 1993 to 11 May 1994.
This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections
South African general election, 1994
The South African general election of 1994 was an election held in South Africa to mark the end of apartheid, therefore also the first held with universal adult suffrage. The election was conducted under the direction of the Independent Electoral Commission .Millions queued in lines over a three...
.
Formal title
The official short titleShort title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
of the amendment is "Constitution First Amendment Act of 1997". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1997" and numbered as Act No. 35 of 1997, but the Citation of Constitutional Laws Act, 2005
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....
renamed it and abolished the practice of giving Act numbers to constitutional amendments.
External links
- Official text (PDF)