Eighth Amendment of the Constitution of South Africa
Encyclopedia
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. It came into force on 20 June 2002, and was effectively repealed on 17 April 2009 by the Fifteenth Amendment
.
The permitted floor-crossing periods were to occur from the first to the fifteenth of September in the second and fourth years after each nationwide municipal election; such elections occur every five years. One was also to occur in the fifteen days immediately after the amendment came into force, but as a result of a court challenge this period was suspended until October. The floor-crossing periods that occurred before repeal were therefore 8–22 October 2002, 1–15 September 2004, and 1–15 September 2007.
, the Loss or Retention of Membership of National and Provincial Legislatures Bill, which purported to allow floor-crossing in the national and provincial legislatures, and the Local Government: Municipal Structures Amendment Bill, which dealt with consequential effects of municipal floor-crossing.
The amendment was passed by the National Assembly on 11 June 2002 with 280 votes in favour, more than the requisite two-thirds majority. As a constitutional amendment not involving provincial matters, it did not have to be passed by the National Council of Provinces
. It was signed by President
Thabo Mbeki
on 19 June and came into force on the following day, at the same time as the Ninth Amendment
.
The provisions inserted by the Eighth Amendment were repealed on 17 April 2009 by the Fifteenth Amendment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...
allowed members of municipal
Municipalities of South Africa
Municipalities in South Africa are a division of local government that lie one level down from provincial government, forming the lowest level of democratically elected government structures in the country. The foundation for this layer of government is set out in Chapter 7 of the Constitution of...
councils 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...
from one political 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 Fifteenth Amendment
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 inserted Schedule 6A, entitled "Loss or retention of membership of Municipal Councils, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties, and filling of vacancies", into the constitution. This schedule allowed municipal councillors to cross the floor without losing their seats, but only during certain window periods. Councillors 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 were to occur from the first to the fifteenth of September in the second and fourth years after each nationwide municipal election; such elections occur every five years. One was also to occur in the fifteen days immediately after the amendment came into force, but as a result of a court challenge this period was suspended until October. The floor-crossing periods that occurred before repeal were therefore 8–22 October 2002, 1–15 September 2004, and 1–15 September 2007.
Legislative history
The amendment was introduced to Parliament as the Constitution of the Republic of South Africa Amendment Bill, part of a package of four bills dealing with floor-crossing. The others were the Constitution of the Republic of South Africa Second Amendment Bill, which became the Ninth AmendmentNinth Amendment of the Constitution of South Africa
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...
, the Loss or Retention of Membership of National and Provincial Legislatures Bill, which purported to allow floor-crossing in the national and provincial legislatures, and the Local Government: Municipal Structures Amendment Bill, which dealt with consequential effects of municipal floor-crossing.
The amendment was passed by the National Assembly on 11 June 2002 with 280 votes in favour, more than the requisite two-thirds majority. As a constitutional amendment not involving provincial matters, it did not have to be 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...
. It was signed by President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
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 June and came into force on the following day, at the same time as the Ninth Amendment
Ninth Amendment of the Constitution of South Africa
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...
.
The provisions inserted by the Eighth Amendment were repealed on 17 April 2009 by the Fifteenth Amendment
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 Eighth Amendment Act of 2002". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 2002" and numbered as Act No. 18 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)