Sixth Amendment of the Constitution of South Africa
Encyclopedia
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 (279 votes in favour) on 1 November 2001, and signed by President
Thabo Mbeki
on 20 November; it was published and came into force on the following day.
. Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presiding over the election of the President at that session, while the Chief Justice was responsible for judicial administration, including for example chairing the Judicial Service Commission. These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court.
Other changes made by the amendment were:
of the amendment is "Constitution Sixth Amendment Act of 2001". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 2001" and numbered as Act No. 34 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 a number of changes, most importantly giving the title of "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...
" to the head of 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...
instead of the head of the Supreme Court of Appeal
Supreme Court of Appeal of South Africa
The Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...
. It was passed by the National Assembly with the requisite two-thirds majority (279 votes in favour) on 1 November 2001, 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....
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 20 November; it was published and came into force on the following day.
Provisions
The amendment renamed the post of "Chief Justice" to "President of the Supreme Court of Appeal", and the post of "President of the Constitutional Court" to "Chief Justice of South Africa"; the deputy heads of each court were also renamed similarly. These changes were intended to clarify the structure of the South African judiciaryJudiciary of South Africa
The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country...
. Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presiding over the election of the President at that session, while the Chief Justice was responsible for judicial administration, including for example chairing the Judicial Service Commission. These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court.
Other changes made by the amendment were:
- to allow the term of office of a Constitutional Court judgeusually twelve years or until the judge reaches the age of seventy, whichever is shorterto be extended by an Act of Parliament.
- to allow the President to appoint two Deputy Ministers from outside the National Assembly, where previously Deputy Ministers had to be members of the Assembly.
- to allow municipal councilMunicipal councilA municipal council is the local government of a municipality. Specifically the term can refer to the institutions of various countries that can be translated by this term...
s to bind the authority of future successor councils, as security for a loan.
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 Sixth Amendment Act of 2001". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 2001" and numbered as Act No. 34 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)