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South Africa > Constitutional law

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Country: South Africa - Subject: Constitutional law

  1. South Africa - Constitutional law - Constitution

    Constitution Seventeenth Amendment Act, 2012 [No. 72 of 2013]. - Legislation on-line

    Adoption: 2013-02-01 | ZAF-2013-C-94003

    Amends the Constitution to further define the role of the Chief Justice as the head of the judiciary; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest Court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; and to provide for the appointment of an Acting Deputy Chief Justice.

  2. South Africa - Constitutional law - Law, Act

    Constitutional Matters Amendment Act, 2005 (Act 15 of 2005). - Act on-line

    Adoption: 2005-08-30 | ZAF-2005-L-72801

    Amends the Public Funding of Represented Political Parties Act, 1997 to provide for the reallocation of money from the Fund and to regulate payment of unspent balances. It also amends the Determination of Delegates (National Council of Provinces) Act, 1998.

  3. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Second Amendment Act, 2003 (No. 3 of 2003).

    Adoption: 2003-04-09 | ZAF-2003-C-64012

    Amends Constitution of Republic of South Africa, 1996. Provides for bills regulating certain financial matters to be dealt with in terms of section 76(1) of Constitution. Further regulates provincial intervention in local government as well as process of review by National Council of Provinces where there has been national executive intervention in provincial government and provincial executive intervention in local government. Also provides for some related matters.

  4. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 2003 (No. 2 of 2003).

    Adoption: 2003-03-19 | ZAF-2003-C-64011

    Amends Constitution of Republic of South Africa, 1996. Enables member of National Assembly or provincial legislature to become member of another party whilst remaining member of National Assembly or provincial legislature. Also enables existing party to merge with another party, or to subdivide into more than one party, or to subdivide and to permit any of the subdivisions to merge with another party, whilst allowing member of legislature affected by such changes to retain membership of that legislature.

  5. South Africa - Constitutional law - Law, Act

    Constitution of the Republic of South Africa Amendment Act, 2002 (No. 18).

    Adoption: 2002-06-20 | ZAF-2002-L-62421

    Enables member of Municipal Council to become member of another party whilst retaining membership of that Council. Also enables existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing member of Council affected by such changes to retain membership of Council.

  6. South Africa - Constitutional law - Law, Act

    Constitution of the Republic of South Africa Second Amendment Act, 2002 (No. 21 of 2002).

    Adoption: 2002-06-19 | ZAF-2002-L-62644

    Amendment in order to regulate the allocation of delegates to the National Council of Provinces in the event of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within a provincial legislature.

  7. South Africa - Constitutional law - Law, Act

    Constitution of the Republic of South Africa Second Amendment Act, 2001 (No. 61 of 2001).

    Adoption: 2001-12-14 | ZAF-2001-L-61274

    Amends Constitution of Republic of South Africa with respect to various financial matters. Provides for introduction of certain financial legislation in the National Assembly, extends definition of "money bill", regulates withholding of funds by national treasury if organs of state commit a serious and material breach of legislation prescribing treasury standards, and deals with various related matters.

  8. South Africa - Constitutional law - Law, Act

    Constitution of the Republic of South Africa Amendment Act, 2001 (Act 34 of 2001). - Act on-line

    Adoption: 2001-11-20 | Date of entry into force: 2001-11-21 | ZAF-2001-L-72773

    This Act amends the Constitution of the Republic of South Africa, 1996, so as to change the title of the President of the Constitutional Court to that of Chief Justice, to provide for the offices of Deputy Chief Justice, President of the Supreme Court of Appeal and Deputy President of the Supreme Court of Appeal, to provide for the extension of the term of office of a Constitutional Court judge, to further regulate the appointment of Deputy Ministers, to make provision for municipal borrowing powers and to enable a Municipal Council to bind itself and a future Council in the exercise of its legislative and executive authority to secure loans or investments for the municipality concerned.

  9. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 1999 (No. 3 of 1999).

    Adoption: 1999-03-17 | ZAF-1999-C-53154

    Allows for a proclamation calling for an election of a provincial legislature to be issued either before or after the expiry of the term of that legislature, and provides for the allocation of undistributed delegates in a provincial delegation to the National Council of Provinces in cases where competing surpluses are equal.

  10. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Second Amendment Act, 1999 (No. 2 of 1999).

    Adoption: 1999-03-17 | ZAF-1999-C-53155

    Allows for a proclamation calling for an election of the National Assembly to be issued before or after the term of expiry of a term of the National Assembly, and dispenses with the requirement that the chairperson and deputy chairperson of the Financial and Fiscal Commission be full-time members of the Commission.

  11. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Second Amendment Act, 1998 (No. 87 of 1998).

    Adoption: 1998-10-20 | ZAF-1998-C-51490

    Governs the case where a municipal boundary is determined across a provincial boundary.

  12. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 1998 (No. 65 of 1998).

    Adoption: 1998-09-28 | ZAF-1998-C-51171

    Amends the Constitution to extend the term of Municipal Councils to five years, to provide for the designation of alternates in respect of certain members of the Judicial Service Commission, to adjust the powers of the Public Service Commission, and to change the name of the Human Rights Commission to the South African Human Rights Commission.

  13. South Africa - Constitutional law - Constitution

    Constitutional Court Rules (R. 757).

    Adoption: 1998-05-29 | ZAF-1998-C-50137

    Rules of the Constitutional Court.

  14. South Africa - Constitutional law - Law, Act

    Constitutional Court Complementary Act Amendment Act, 1997 (No. 79 of 1997).

    Adoption: 1997-11-26 | ZAF-1997-L-49059

    Amends the principal Act so as to provide for the referral of orders of constitutional invalidity of Acts of Parliament, provincial Acts, or conduct of the President of the Constitutional Court; the appointment of counsel to argue cases before the Court, and for the prescribing of rules regulating Court proceedings.

  15. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 1997 (No. 35 of 1997).

    Adoption: 1997-08-28 | Date of entry into force: 1997-02-04 | ZAF-1997-C-47987

    Inter alia, amends the cut-off date respecting the granting of amnesty.

  16. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa [No. 108 of 1996]. - Constitution Constitution on-line

    Adoption: 1996-05-08 | Date of entry into force: 1997-02-04 | Date of partial entry into force: 1997-06-30 | ZAF-1996-C-45811

    Chapter 1: Founding Provisions Chapter 2: Bill of Rights. Provides for freedom of equality (there shall be no discrimination on the grounds of, inter alia, race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion), freedom of privacy, assembly, association, expression, as well as the right to housing, social security, education and a clean environment. Prohibits forced labour. Article 23 ensures workers the right to form and join trade unions and to strike, and employers the right to form and join employers' organisations and to participate in activities of such bodies. Art. 25 provides for the restitution of land or property to persons who were disposessed of such through racial discriminatory laws. Art. 37 relates to states of emergency, and provides a table of non-derogable rights. Chapter 3: Co-operative Government Chapter 4: Parliament (National Assembly and National Council of Provinces) Chapter 5: The President and National Executive Chapter 6: Provinces Chapter 7: Local Government Chapter 8: Courts and Administration of Justice. Provides for a Constitutional Court, Supreme Court of Appeal, and High Courts. Chapter 9: State Institutions Supporting Constitutional Democracy. These include a Public Protector (a type of ombudsman), Human Rights Commission, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and a Commission for Gender Equality. Chapter 10: Public Administration Chapter 11: Security Services Chapter 12: Traditional Leaders Chapter 13 : Finance Chapter 14: General Provisions

  17. South Africa - Constitutional law - Constitution

    Constitution of South Africa Third Amendment Act, 1996 (No. 26 of 1996).

    Adoption: 1996-04-16 | ZAF-1996-C-44224

    Amends s. 73 of and inserts a new s. 73A to the Constitution of the Republic of South Africa Act, amending the procedure of adopting the Constitution by the Constitutional Assembly.

  18. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Second Amendment Act, 1995 (No. 44 of 1995).

    Adoption: 1995-09-20 | Date of entry into force: 1995-06-01 | ZAF-1995-C-42602

    Amends the 1993 Constitution to provide for the appointment of a Deputy President of the Constitutional Court and to determine the quorum of the Constitutional Court. Empowers the President to determine the renumeration and allowances of the Premier and members of the Executive Council. Contains numerous provisions relating to traditional leaders and local government, and provides for the appointment of a Secretary for Defence.

  19. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 1995 (No. 20 of 1995).

    Adoption: 1995-07-03 | Date of partial entry into force: 1995-04-26 | ZAF-1995-C-41874

    Makes minor amendments to sections 236 and 237 of Constitution; also substitutes names of three provinces.

  20. South Africa - Constitutional law - Law, Act

    Constitutional Court Complementary Act, 1995 (No. 13 of 1995).

    Adoption: 1995-06-08 | ZAF-1995-L-41873

    Provides complementary regulations for the Constitutional Court. Section 5 establishes a quorum of eight members for the Court. Sections 10 and 11 relate to matters concerning witnesses and evidence. Section 13 provides for the appointment of a Deputy President of the Court.

  21. South Africa - Constitutional law - Regulation, Decree, Ordinance

    Rules of the Constitutional Court (No. R. 5 of 1995)

    Adoption: 1995-01-06 | Date of entry into force: 1995-01-06 | ZAF-1995-R-40060

  22. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Fifth Amendment Act, 1994 (No. 29 of 1994) (No. 2003 of 1994)

    Adoption: 1994-11-17 | Date of entry into force: 1994-09-16 | ZAF-1994-C-39193

    Regulates the pension and pension benefits of the President; extends the periods within which the first Public Protector and the first members of the Human Rights Commission are to be appointed, and provides for related matters.

  23. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Sixth Amendment Act, 1994 (No. 24 of 1994) (No. 2013 of 1994)

    Adoption: 1994-11-17 | Date of entry into force: 1994-06-23 | ZAF-1994-C-39196

    Increases from five to seven the panel of recognized constitutional experts to be appointed for the purpose of the constitution-making process and provides for related matters.

  24. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Fourth Amendment Act, 1994 (No. 14 of 1994) (No. 1600 of 1994)

    Adoption: 1994-09-16 | ZAF-1994-C-38389

    Permits the appointment of persons who are not members of Parliament as Ministers in the Cabinet, and provides for related matters.

  25. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Third Amendment Act, 1994 (No. 13 of 1994) (No. 1324 of 1994)

    Adoption: 1994-07-14 | ZAF-1994-C-38016

    Amendments regulating the remuneration, allowances, pension and pension benefits of certain political office-bearers. Also sets out the courts' jurisdiction in relation to constitutional matters.

  26. South Africa - Constitutional law - Law, Act

    Constitution of the Republic of South Africa Second Amendment Act, 1994 (No. 3 of 1994) (No. 863 of 1994)

    Adoption: 1994-04-25 | Date of entry into force: 1994-04-27 | ZAF-1994-L-37681

    Amendments to provide for the institutions, role, authority and status of traditional monarchs in relation to provincial constitutions.

  27. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa Amendment Act, 1994 (No. 2 of 1994)

    Adoption: 1994-03-02 | Date of entry into force: 1994-01-14 | ZAF-1994-C-36540

    Extends the legislative powers of provincial legislatures and provides that provinces may adopt constitutions in terms of which legislative and executive structures and procedures may differ from those provided for in the Constitution. Establishes a Volkstaat Council and sets out its functions. Authorizes constitutional provision for communities sharing a common cultural and language heritage to exercise a form of self-determination and provides for related matters.

  28. South Africa - Constitutional law - Law, Act

    Constitution Consequential Amendments Act, 1993 (No. 201 of 1993)

    Adoption: 1994-01-25 | Date of entry into force: 1994-04-27 | ZAF-1994-L-36539

    Amends the State Liability Act, 1957, the Interpretation Act, 1957 and the Transitional Executive Council Act, 1993 to provide for certain matters consequential upon the Constitution of the Republic of South Africa, 1993.

  29. South Africa - Constitutional law - Constitution

    Constitution of the Republic of South Africa, 1993 (No. 200 of 1993).

    Adoption: 1994-01-25 | Date of entry into force: 1994-04-27 | ZAF-1994-C-44039

    Also contains texts of the six Constitutional Amendment Acts through 25 November 1994.

  30. South Africa - Constitutional law - Constitution

    Constitution Amendment Act, 1992 (No. 3070 of 1992)

    Adoption: 1992-11-06 | ZAF-1992-L-32344

    Amends the Constitution Act, 1983 to make provisions in relation to the making of the oath of office by an Acting State President and to delete the requirement that a person who is appointed as Minister or Deputy Minister should be or become member of a House of Parliament.

  31. South Africa - Constitutional law -

    Constitution Second Amendment Act, 1992 (No. 3067 of 1992)

    Adoption: 1992-11-06 | ZAF-1992-L-32349

    Amends the Constitution Act, 1983 with a view to further constitutional development, to empower the State President in certain circumstances to determine that certain matters which at present are the affairs of a population group shall be general affairs and to take necessary legislative measures for the smooth administration of such a determination by him.

  32. South Africa - Constitutional law - Constitution

    Promotion of Constitutional Development Act 1988. No. 86.

    Adoption: 1988-07-13 | ZAF-1988-C-6550

    The stated purpose of the Act is to provide for participation by all South African citizens in the planning and preparation of a new constitutional dispensation and to afford Black South African citizens a voice in the processes of government. Provides for establishing a Council and sets forth its composition and methods of operation, as well as the qualifications for membership.

  33. South Africa - Constitutional law - Constitution

    Constitutional Laws Amendment Act 1987. No. 32.

    Adoption: 1987-07-08 | ZAF-1987-C-3953

    This Act amends a variety of Acts, in particular the following: the Black Administration Act 1927 (regulating the legal capacity of Black women in relation to the acquisition of ownership), the Promotion of Black Self-Government Act 1959 (appointment of representatives and other matters; repeal of the power to make regulations), the Black Affairs Act 1959 (abolishing certain Black councils), the National States Constitution Act 1971 (providing that the State President may withhold assent in respect of a bill of a legislative assembly), the Black Local Authorities Act 1982 (extending the power to make regulations), the Black Communities Development Act 1984 (same) and the Local Government Training Act 1985, inter alia.

  34. South Africa - Constitutional law - Constitution

    Constitution Amendment Act 1984 (No. 105).

    Adoption: 1984-07-05 | ZAF-1984-C-544

    Act to amend the Republic of South Africa Constitution Act 1961, so as to remove the restriction on the revision of the remuneration and allowances of members of the President's Council; to amend the Republic of South Africa Constitution Act 1983, so as to make further provision for the chairmanship at a meeting of a House of Parliament under certain circumstances, the administration of certain departments of State and the performance of the functions of a Minister in that connection, the circumstances under which a House of Parliament is deemed to have rejected a bill, the filling of casual vacancies in certain seats in Parliament, the joint rules and orders of the Houses of Parliament, the right to sit and to speak in a House of Parliament, the calling of joint sittings of the Houses of Parliament, the exercise of the powers conferred in any law on the Prime Minister, the joint rules and orders that may be approved by the House of Assembly, the first session of the first Parliament constituted in terms of that Act and the first delimitation of electoral divisions of the House of Representatives and the House of Delegates; to remove certain disqualifications of certain persons in respect of the first election of members of the last-mentioned Houses of Parliament; to authorize the payment of certain moneys to persons who vacate certain offices as a result of the provision of the Republic of South Africa Constitution Act 1983; and to provide for incidental matters. No. 105.

  35. South Africa - Constitutional law - Constitution

    Republic of South Africa Constitution Act 1983. No. 110.

    Adoption: 1983-09-28 | ZAF-1983-C-10026

    Act to introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto.

  36. South Africa - Constitutional law - Law, Act

    Bantu Laws Amendment Act 1973 (No. 7).

    Adoption: 1973-03-14 | ZAF-1973-L-15792

    Act to amend the Bantu Administration Act 1927 so as to further define the circumstances in which a tribe, portion of a tribe, Bantu community or Bantu may be required to withdraw from a place; to amend the Bantu Trust and Land Act 1936 so as to make new provision for the declaration of land as a released area, and the calculation of the extent of the land which may be acquired by the South African Bantu Trust; and to regulate the lease of land by the said Trust to persons other than Bantu; to amend the Bantu (Abolition of Passes and Co-ordination of Documents) Act l952 so as to further regulate the registration of contracts;to amend the South-West Africa Bantu Affairs Administration Act 1954 so as to vest certain land in the sait Trust; to amend the Transkei Constitution Act 1963 so as to extend the powers of the Legislative Assembly of the Transkei; to elucidate the expression "Bantu education" appearing in item 2 of Part B of the First Schedule thereto; and to make new provision for the constitution of a High Court; to amend the Bantu Labour Act 1964 [LS 1964 - SA 1] so as to regulate in certain respects responsibility for the acts or omissions of a Labour agent; to amend the Bantu Homelands Constitution Act 1971 so as to exempt members of legislative assemblies from liability for certain acts; to provide for the reservation of certain land as land which may be occupied or acquired by Bantu persons; to elucidate the expression "Bantu education" appearing in item 2 of Schedule 1 thereto; to make new provision for the constitution of High Courts, and to extend the powers of legislative assemblies; and to amend the Bantu Affairs Administration Act 1971 so as to alter the constitution of Bantu Affairs Administration Boards and the executive committees thereof; and to provide for matters connected therewith.


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