Seventh Amendment of the Constitution of South Africa
Encyclopedia
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.
(NCOP) on 15 November with eight of nine provinces in favour, KwaZulu-Natal
being the lone dissenter. It was introduced to Parliament simultaneously with the Sixth Amendment
, but was passed separately because it contained matters affecting provincial government which had to be approved by the NCOP.
The act was signed by President
Thabo Mbeki
on 7 December, but it contained a clause specifying that it would only come into force on a date set by presidential proclamation
. A proclamation on 26 April 2006 brought most of the act into force on that same day, except for those related to the Financial and Fiscal Commission, which only came into force on 1 December 2003.
of the amendment is "Constitution Seventh Amendment Act of 2001". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 2001" and numbered as Act No. 61 of 2001, 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 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.
Provisions
The amendment made the following changes to the Constitution:- Modifying the definition of a "money billMoney billIn the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
" for the national ParliamentParliament of South AfricaThe 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 the provincial legislaturesProvincial 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...
. - Providing that, along with money bills, bills determining the division of revenue between national, provincial and local government can only be introduced to Parliament by the Minister of Finance.
- Reducing the size of the Financial and Fiscal Commission from 22 members to nine members, by reducing the number of members chosen by the president from nine to two, and by replacing the nine members chosen by the nine provinces individually with three members chosen by the provinces collectively.
- Modifying the mechanisms whereby the national government can control the financial practises of the provincial governments.
- Various other technical modifications.
Legislative history
The amendment was passed by the National Assembly on 1 November 2001 with the requisite two-thirds majority (274 votes in favour), and by the National Council of ProvincesNational 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...
(NCOP) on 15 November with eight of nine provinces in favour, KwaZulu-Natal
KwaZulu-Natal
KwaZulu-Natal is a province of South Africa. Prior to 1994, the territory now known as KwaZulu-Natal was made up of the province of Natal and the homeland of KwaZulu....
being the lone dissenter. It was introduced to Parliament simultaneously with the Sixth Amendment
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...
, but was passed separately because it contained matters affecting provincial government which had to be approved by the NCOP.
The act 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 7 December, but it contained a clause specifying that it would only come into force on a date set by presidential proclamation
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
. A proclamation on 26 April 2006 brought most of the act into force on that same day, except for those related to the Financial and Fiscal Commission, which only came into force on 1 December 2003.
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 Seventh Amendment Act of 2001". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 2001" and numbered as Act No. 61 of 2001, 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)