Ninth Amendment of the Constitution of South Africa
Encyclopedia
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
(move from one 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 It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fourteenth Amendment
.
. Seats in each province's delegation are allocated to parties in proportion to the seats held by the parties in the provincial legislature
. Before the passage of the Ninth Amendment, seats in a provincial delegation were only re-allocated when a new provincial legislature was elected, and permanent delegates were appointed for a term that lasted until the next election of the provincial legislature.
The Loss or Retention of Membership of National and Provincial Legislatures Act, 2002, which was enacted at the same time as the Ninth Amendment, purported to allow members of the provincial legislatures to cross the floor at certain times without losing their seats. The Ninth Amendment consequentally modified the constitution to provide that, if such floor-crossing occurs in a provincial legislature, then the seats in that province's NCOP delegation must be reallocated according to the new makeup of the legislature, and also that permanent delegates' terms of office expire when such a reallocation happens.
, the Loss or Retention of Membership of National and Provincial Legislatures Bill, mentioned above, and the Local Government: Municipal Structures Amendment Bill, which dealt with consequential effects of floor-crossing in municipal councils.
The bill was initally passed by the National Assembly on 11 June 2002 with 280 votes in favour, more than the requisite two-thirds majority. It was then passed with amendments by the NCOP on 18 June, with all nine provinces voting in favour. The amendments were approved by the National Assembly on 19 June, and the bill was signed by President
Thabo Mbeki
on the same day. It came into force on the following day, at the same time as the other three floor-crossing acts.
On 4 October 2002, in the case of United Democratic Movement v President of the Republic of South Africa and Others, the Constitutional Court
declared the Loss or Retention of Membership Act to be unconstitutional. This judgment had no effect on the Ninth Amendment, which remained in place notwithstanding that there could be no floor-crossing in the provincial legislatures. On 20 March 2003 the Tenth Amendment
came into force, constitutionally enabling floor-crossing in national and provincial legislatures.
The changes made by the Ninth Amendment were repealed on 17 April 2009 by the Fourteenth Amendment
.
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...
modified the scheme for the allocation of seats in the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
, to account for the possibility of changes in the party makeup of provincial legislatures
Provincial legislature (South Africa)
In South Africa, a provincial legislature is the legislative branch of the government of a province. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province...
. This was necessary because of other legislation which had been introduced to allow members of the provincial legislatures to cross the floor
Floor crossing (South Africa)
Floor crossing in South Africa was a controversial system 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...
(move from one 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 Fourteenth Amendment
Fourteenth Amendment of the Constitution of South Africa
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...
.
Provisions
The National Council of Provinces (NCOP) consists of ninety members, ten from each provinceProvinces of South Africa
South Africa is currently 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...
. Seats in each province's delegation are allocated to parties in proportion to the seats held by the parties in the provincial legislature
Provincial legislature (South Africa)
In South Africa, a provincial legislature is the legislative branch of the government of a province. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province...
. Before the passage of the Ninth Amendment, seats in a provincial delegation were only re-allocated when a new provincial legislature was elected, and permanent delegates were appointed for a term that lasted until the next election of the provincial legislature.
The Loss or Retention of Membership of National and Provincial Legislatures Act, 2002, which was enacted at the same time as the Ninth Amendment, purported to allow members of the provincial legislatures to cross the floor at certain times without losing their seats. The Ninth Amendment consequentally modified the constitution to provide that, if such floor-crossing occurs in a provincial legislature, then the seats in that province's NCOP delegation must be reallocated according to the new makeup of the legislature, and also that permanent delegates' terms of office expire when such a reallocation happens.
Legislative history
The amendment was introduced to Parliament as the Constitution of the Republic of South Africa Second Amendment Bill, part of a package of four bills dealing with floor-crossing. The others were the Constitution of the Republic of South Africa Amendment Bill, which became the Eighth AmendmentEighth 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...
, the Loss or Retention of Membership of National and Provincial Legislatures Bill, mentioned above, and the Local Government: Municipal Structures Amendment Bill, which dealt with consequential effects of floor-crossing in municipal councils.
The bill was initally passed by the National Assembly on 11 June 2002 with 280 votes in favour, more than the requisite two-thirds majority. It was then passed with amendments by the NCOP on 18 June, with all nine provinces voting in favour. The amendments were approved by the National Assembly on 19 June, and the bill was 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....
Thabo Mbeki
Thabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...
on the same day. It came into force on the following day, at the same time as the other three floor-crossing acts.
On 4 October 2002, in the case of United Democratic Movement v President of the Republic of South Africa and Others, the Constitutional Court
Constitutional Court of South Africa
The 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...
declared the Loss or Retention of Membership Act to be unconstitutional. This judgment had no effect on the Ninth Amendment, which remained in place notwithstanding that there could be no floor-crossing in the provincial legislatures. On 20 March 2003 the Tenth 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...
came into force, constitutionally enabling floor-crossing in national and provincial legislatures.
The changes made by the Ninth Amendment were repealed on 17 April 2009 by the Fourteenth Amendment
Fourteenth Amendment of the Constitution of South Africa
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...
.
Formal title
The official short title of the amendment is "Constitution Ninth Amendment Act of 2002". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 2002" and numbered as Act No. 21 of 2002, but the Citation of Constitutional Laws Act, 2005Citation 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)