# Constitution of the Republic of South Africa Second Amendment Act, 2003

The Constitution of the Republic of South Africa Second Amendment Act, 2003 (Act No. 3 of 2003) is an Act of the Parliament of South Africa amending the Constitution of the Republic of South Africa, 1996. A presidential proclamation brought it into force on 11 July 2003. It made various changes to the constitution:
* Changing the procedure for passing certain acts involving provincial finances.
* Renaming the Northern Province to Limpopo.
* Modifying the regulation of provincial executive intervention in local government and national executive intervention in provincial government, and the oversight of these interventions by the National Council of Provinces.
The act was renamed to the Constitution Eleventh Amendment Act of 2003 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.
(English text signed by the President.) (Assented to 9 April 2003.)
Act
To amend the Constitution of the Republic of South Africa, 1996, so as to provide for Bills regulating certain financial matters to be dealt with in terms of section 76 (1) of the Constitution; to change the name of the Northern Province to Limpopo; to further regulate provincial intervention in local government; and to further regulate the process of review by the National Council of Provinces where there has been national executive intervention in provincial government and provincial executive intervention in local government; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 76 of Act 108 of 1996
1. Section 76 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), is hereby amended by the substitution for paragraph (b) of subsection (4) of the following paragraph:
“(b)
Amendment of section 100 of Act 108 of 1996
2. Section 100 of the Constitution is hereby amended—
(a)
“National [supervision of] intervention in provincial administration”;
(b)
“When a province cannot or does not fulfil an executive obligation in terms of [legislation or] the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including—”; and
(c)
“(2) If the national executive intervenes in a province in terms of subsection (1) (b)—
(a)
(b)
(c)
Amendment of section 103 of Act 108 of 1996
3. Section 103 of the Constitution is hereby amended by the substitution for paragraph (g) of subsection (1) of the following paragraph:
“(g)
Substitution of section 139 of Act 108 of 1996
4. The following section is hereby substituted for section 139 of the Constitution:
“Provincial [supervision of] intervention in local government
139. (1) When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation. including—
(a)
(b)
(i)
(ii)
(iii)
(c)
(2) If a provincial executive intervenes in a municipality in terms of subsection (1) (b)—
[(a)
(b)](a)
(i)
(ii)
within 14 days [of their respective first sittings] after the intervention began;
[(c)
(b)
(i)
(ii)
[(d)](c)
(3) If a Municipal Council is dissolved in terms of subsection (1) (c)—
(a)
(i)
(ii)
(b)
(4) If a municipality cannot or does not fulfil an obligation in terms of the Constitution or legislation to approve a budget or any revenue-raising measures necessary to give effect to the budget, the relevant provincial executive must intervene by taking any appropriate steps to ensure that the budget or those revenue-raising measures are approved, including dissolving the Municipal Council and—
(a)
(b)
(5) If a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments, the relevant provincial executive must—
(a)
(i)
(ii)
(b)
(i)
(ii)
(c)
(6) If a provincial executive intervenes in a municipality in terms of subsection (4) or (5), it must submit a written notice of the intervention to—
(a)
(b)
within seven days after the intervention began.
(7) If a provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or ​(5), the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive.
[(3)](8) National legislation may regulate the [process] implementation of this section, including the processes established by this section.”.
Short title and commencement
5. This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 2003, and takes effect on a date determined by the President by proclamation in the Gazette.
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."
Public domainPublic domainfalsefalse