Tenth Amendment of the Constitution of South Africa
Encyclopedia
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
(move from one party to another) at certain times without losing their seats. It came into force on 20 March 2003, and was effectively repealed on 17 March 2009 by the Fourteenth
and Fifteenth Amendments
.
and dealing with municipal floor-crossing) to Schedule 6B, and inserted a new Schedule 6A, entitled "Retention of membership of National Assembly or provincial legislature, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties". This schedule allowed MPs and MPLs to cross the floor without losing their seats, but only during certain window periods. Representatives could also only cross the floor if at least one-tenth of the representatives of the party they were leaving did so during the same period.
The permitted floor-crossing periods for were to occur from the first to the fifteenth of September in the second and fourth years after each election of the legislature; such elections occur every five years. One was also to occur in the fifteen days immediately after the amendment came into force. The floor-crossing periods that occurred before repeal were therefore 21 March–4 April 2003
, 1–15 September 2005
, and 1–15 September 2007.
declared it to be unconstitutional. A week later a draft of the Constitution of the Republic of South Africa Fourth Amendment Bill was published.
The bill was passed by the National Assembly on 25 February 2003 with 300 votes in favour, more than the required two-thirds majority. It was then passed by the National Council of Provinces
on 18 March, with all nine provinces voting in favour. It was signed by President
Thabo Mbeki
on 19 March, and came into force on the following day.
The changes made by the Tenth Amendment were repealed on 17 April 2009 by the Fourteenth
and Fifteenth Amendments
.
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...
altered the provisions relating to membership of the National Assembly and the 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...
, to allow members of those bodies 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) at certain times without losing their seats. It came into force on 20 March 2003, and was effectively repealed on 17 March 2009 by the Fourteenth
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...
and Fifteenth Amendments
Fifteenth Amendment of the Constitution of South Africa
The Fifteenth Amendment of the Constitution of South Africa repealed some of the provisions inserted into the Constitution by the Eighth 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 amendment renumbered the constitution's existing Schedule 6A (inserted by 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...
and dealing with municipal floor-crossing) to Schedule 6B, and inserted a new Schedule 6A, entitled "Retention of membership of National Assembly or provincial legislature, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties". This schedule allowed MPs and MPLs to cross the floor without losing their seats, but only during certain window periods. Representatives could also only cross the floor if at least one-tenth of the representatives of the party they were leaving did so during the same period.
The permitted floor-crossing periods for were to occur from the first to the fifteenth of September in the second and fourth years after each election of the legislature; such elections occur every five years. One was also to occur in the fifteen days immediately after the amendment came into force. The floor-crossing periods that occurred before repeal were therefore 21 March–4 April 2003
2003 South African floor-crossing window period
The 2003 floor crossing window period in South Africa was a period of 15 days, from 21 March to 4 April 2003, in which members of the National Assembly and the provincial legislatures were able to cross the floor from one political party to another without giving up their seats. The period was...
, 1–15 September 2005
2005 South African floor-crossing window period
The 2005 floor crossing window period in South Africa was a period of 15 days, from 1 to 15 September 2005, in which members of the National Assembly and the provincial legislatures were able to cross the floor from one political party to another without giving up their seats...
, and 1–15 September 2007.
Legislative history
Parliament had previously attempted to allow floor-crossing by passing the Loss or Retention of Membership of National and Provincial Legislatures Act, 2002, an ordinary act rather than a constitutional amendment. On 4 October 2002, in the case of United Democratic Movement v President of the Republic of South Africa and Others, the Constitutional CourtConstitutional 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 it to be unconstitutional. A week later a draft of the Constitution of the Republic of South Africa Fourth Amendment Bill was published.
The bill was passed by the National Assembly on 25 February 2003 with 300 votes in favour, more than the required two-thirds majority. It was then passed by 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...
on 18 March, with all nine provinces voting in favour. It 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 19 March, and came into force on the following day.
The changes made by the Tenth Amendment were repealed on 17 April 2009 by the Fourteenth
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...
and Fifteenth Amendments
Fifteenth Amendment of the Constitution of South Africa
The Fifteenth Amendment of the Constitution of South Africa repealed some of the provisions inserted into the Constitution by the Eighth 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 Tenth Amendment Act of 2003". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 2003" and numbered as Act No. 2 of 2003, 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)