# Constitution Second Amendment Act of 1998

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The Constitution Second Amendment Act of 1998 is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. It came into effect on 7 October 1998. It made various technical changes to the constitution:
* Changing the term of Municipal Councils from four years to five; and modifying the arrangements for the transition to the new municipal system.
* Allowing for the designation of alternates for unavailable members of the Judicial Service Commission.
* Allowing Parliament to grant additional powers to the Public Service Commission.
* Renaming the Human Rights Commission to the South African Human Rights Commission.
The act was originally known as the Constitution of the Republic of South Africa Amendment Act, 1998, but was renamed by the Citation of Constitutional Laws Act, 2005.
Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments.
Act
To amend the Constitution of the Republic of South Africa, 1996, so as to extend the term of Municipal Councils; to provide for the designation of alternates in respect of certain members of the Judicial Service Commission; to amend the name of the Human Rights Commission; to adjust the powers of the Public Service Commission; and to extend and modify the application of transitional arrangements in respect of local government; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 28 September 1998.)
as amended by
Citation of Constitutional Laws Act, No. 5 of 2005
Be it enacted by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 159 of Act 108 of 1996
1. The following section is hereby substituted for section 159 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act):
“Terms of Municipal Councils
159. (1) The term of a Municipal Council may be no more than [four] five years, as determined by national legislation.
(2) If a Municipal Council is dissolved in terms of national legislation, or when its term expires, an election must be held within 90 days of the date that Council was dissolved or its term expired.
(3) A Municipal Council, other than a Council that has been dissolved following an intervention in terms of section 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected Council has been declared elected.”.
Amendment of section 178 of Act 108 of 1996
2. Section 178 of the principal Act is hereby amended—
(a)
“(k)
and the Premier of the province concerned, or an alternate designated by [the Premier, of the province concerned] each of them.”;
(b)
“(7) If the Chief Justice or the President of the Constitutional Court is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the Constitutional Court, as the case may be, acts as his or her alternate on the Commission.
(8) The President and the persons who appoint, nominate or designate the members of the Commission in terms of subsection (1) (c), (e), (f) and (g), may, in the same manner appoint, nominate or designate an alternate for each of those members, to serve on the Commission whenever the member concerned is temporarily unable to do so by reason of his or her incapacity or absence from the Republic or for any other sufficient reason.”.
Amendment of section 196 of Act 108 of 1996
3. Section 196 of the principal Act is hereby amended by the addition to subsection (4) of the following paragraph:
“(g)
Substitution of expression in Act 108 of 1996
4. The principal Act is hereby amended by the substitution for the expression “Human Rights Commission”, wherever it occurs, of the expression “South African Human Rights Commission”.
Amendment of item 26 of Schedule 6 to Act 108 of 1996
5. Item 26 of Schedule 6 to the principal Act is hereby amended—
(a)
“(a)
(b)
(b)
Short title
6. This Act is called the Constitution Second Amendment Act of 1998.
This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.
According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."
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