Fourth Amendment of the Constitution of South Africa
Encyclopedia
The Fourth Amendment of the Constitution of South Africa
made two technical changes relating to the calling of provincial elections and the choice of delegates to the National Council of Provinces
. It was enacted by the Parliament of South Africa
, signed by Acting President
Thabo Mbeki
on 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fifth Amendment
; the two amendments were separated because the Fourth involved provincial matters and had to be passed by the National Council of Provinces
while the Fifth did not.
is due to expire, the Premier
may issue the proclamation calling an election either before or after the term actually expires. The Fifth Amendment made the same change for elections to the National Assembly
. The second was to modify the formula for the allocation of delegates' seats in the National Council of Provinces to parties.
of the amendment is "Constitution Fourth Amendment Act of 1999". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1999" and numbered as Act No. 3 of 1999, 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 two technical changes relating to the calling of provincial elections and the choice of delegates to 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 enacted by the Parliament of South Africa
Parliament of South Africa
The 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....
, signed by Acting 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 17 March 1999, and came into force two days later. It was signed and came into force simultaneously with the Fifth Amendment
Fifth Amendment of the Constitution of South Africa
The Fifth Amendment of the Constitution of South Africa made two technical changes, one relating to national election procedures and the other to the membership of the Financial and Fiscal Commission. It was enacted by the Parliament of South Africa, signed by Acting President Thabo Mbeki on 17...
; the two amendments were separated because the Fourth involved provincial matters and had 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...
while the Fifth did not.
Provisions
The Act made two technical modifications to the Constitution. The first was to clarify that, when the term of a provincial legislatureProvincial 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...
is due to expire, the Premier
Premier (South Africa)
In South Africa, a Premier is the head of government of one of South Africa's nine provinces. The Premier of a province plays for that province a role similar to that played by the President for the country as a whole.-Election:...
may issue the proclamation calling an election either before or after the term actually expires. The Fifth Amendment made the same change for elections to the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
. The second was to modify the formula for the allocation of delegates' seats in the National Council of Provinces to parties.
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 Fourth Amendment Act of 1999". It was originally titled "Constitution of the Republic of South Africa Amendment Act, 1999" and numbered as Act No. 3 of 1999, 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)