STAATSKOERANT, 11 MAART 2002 No.
Constitution of the Republic of South Africa Second Amendment Bill, 2002, in the National Assembly.
Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A de Lange, Private Bag X 81, Pretoria 0001, by not later than 12April 2002.
(Electronic mail address: DelangeJQjustice.gov.
To amend the Constitution of the Republicof South Africa, 1996, in order to enable a memberof a Municipal Council to become a memberof another party whilst retaining membership an of that Council; to enable existing party to merge with another party, orto subdivide into more than one party, orto subdivide and any oneof the subdivisions to merge with another party, whilst allowing a member of a Council affected by such changes to retain membership of that Council; and to provide for matters connected therewith.
Amendment of section 157 of Act 108 of 1996, as amended by section 2 of Act 87 of 1998 1.
by the substitution for subsection (3) of the following subsection: "(3) An electoral system in terms of subsection (2)must [ensure that the total numberof members elected from each party reflects the total proportionof the votes recorded for those parties]result, in general, in proportional representation.".
Insertion of section 158A in Act 108 of 1996 2.
158A. (1) A councillor who, other than in accordance with subsection(2),(3) or (4),ceases to be a memberof the partywhch nominated that councillor as a member of theMunicipalCouncilconcerned, ceases to be a member of that Municiual Council.
The seat held to the other party by a councillor referredto in paragraph (a) must be regarded as having been allocated of whch that councillor has become a member.
did not use on the partof the ballot paper for wards theSame distinguishing mark or symbolas a party which contested the election and, after the expiry of 12 months from the date of the previous election of all Municipal Councils, becomes a member of such a party.
that councillor if such councillor has not joined another party.
subdivide into more than one party or subdivide and any one subdivision may merge with another party, if the members leaving the original party represents not less than 10 per cent of the total number of seats held by the original party in respect of that Council.
If a party merges with another party or subdivides into more than one party or subdivides and merges with another partyin terms of paragraph (a), the councillors concerned remain members seats held by them must of that Municipal Council and the be regarded as having been allocated to the other party whch they represent.
in the years there after,^ it shall only apply for the periods of the first to the fifteenth day of February and the first to the fifteenth day of September of each year, but it shall not apply if such a period falls within 12 months of the date when the next election of all municipal councils must be held.
During a period referred to in paragraph (a), no party represented in a Municipal Council may suspend or terminate the party membership of a councillor representing that party or perform any act whatsoever which may cause such a councillor to be disqualified from holding office as such a councillor or change such councillor's positionon a party list relating to the said Municipal Council, without the written consent of the councillor concerned.
the composition of a Municipal Council reflected in a notice referred to in paragraph (b)(i) and (ii) shall be maintained until the next election of all Municipal Councils or until the composition of that Municipal Council is again reconstituted in accordance with subsection (2), (3) or (4) or until a by-election is held in that Municipal Council.
Vacancies in a Municipal Council must be filled in terms of national legislation.
This Act is called the Constitution of the Republic of South Africa Amendment Act,2002.
1.1 On 13 November 2001 the National Assembly gave permission to the Assembly's Portfolio Committee on Justice and Constitutional Development to proceed with the consideration of the Loss or Retention of Membership of National and Provincial Legislatures Bill, 2001 (the Membership Bill).
an existing party may merge with another party; and a party may subdivide into more than one party.
1.3 This mechanism is sought to be created by way of amendments to items 23 and 23A of Schedule 2 to the (interim) Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
1.4 However, at present the Constitution does not provide for similar changes of party membership, mergers between parties or subdivision of parties in the context of local government.
The provisions of the Bill are largely based on the principles contained in the Membership Bill.
Changes of party membership will only be allowed after the expiry of 12 months after the date of the previous election of all Municipal Councils.
Similarly, such changes will not be allowed during the 12 months preceding the date of the next election of all Municipal Councils.
A further requirementis added, namely that a change of party membership will only be allowed if the members wishing to leave a party represent not less than 10 per cent of the seats held by the party concerned. (New section 158A(2).
Similarly, mergers between or subdivisions of political parties will only be allowed after the expiry of 12 months after the date of the previous election of all Municipal Councils, and will not be allowed during the 12 months precedingthe date of the next election of all Municipal Councils..
In respect of subdivisions the further requirement is also added that the members leaving the original party must represent not less than 10 per cent of the seats held by the party concerned. (New section 158A(4).
All of the above steps may only take place during limited periodsas determined by the Bill.
In the year 2002, such periods will be during the first fifteen days following thecommencement of section 158A, and again from the first to the fifteenth day of September.
In the years thereafter, such periods will last from the first to the fifteenth day of February, and from the first to the fifteenth day of September, of each year. (New section 158A(5).
suspend or terminate the party membership of a councillor representing that party; or perform any act whatsoever which may cause such a councillor to be disqualified from holding office as such a councillor or change such councillor's position on a party list relating to the said Municipal Council.
a party may mergehubdivide only once.
STAATSKOERANT, 11 MAART 2002 No. 23218 7 3.
Republic of South Africa, 1996, in order to further regulate the allocation of delegates to the National Council of Provinces; and to provide for matters connected therewith.
Amendment of section 61 of Act 108 of 1996 1.
(a)] determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegatesand how many are to be special delegates[;], and [(b)] appoint the permanent delegates in accordance with the nominations of the parties.
This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 2002.
1.1 On 13 November 2001 the National Assembly gave permission to the Assembly's Portfolio Committee on Justice and Constitutional Development to proceed with the consideration of the Loss or Retention of Membership of Narional and Provincial Legislatures Bill, 2001 (the Membership Bill). The draft Membership Billwas published by the Portfolio Committee -in Government Gazette No 22835 of 16 November 2001 for public comment.
an existing party may merge with another party; and a party may subdivide into more than one party. This mechanism is sought to be created by way of amendments to items 23 and 23A of Schedule 2 to the (interim) Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). The said item 23A specifically authorises Parliament to amend items 23 and 23A by an Act of Parliament, passed in accordance with the provisions of section 76(1) of the (new) Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) (the Constitution), in order to achieve the above objectives.
2.2 The provisions of the Membership Bill may lead to significant changes of party representation in a provincial legislature, which may, in turn, necessitate the redetermination of the composition of that legislature's delegation in the National Council of Provinces. As such changes would not result from an election, there is no mechanism in terms of which such a redetermination can take place. The Constitution of the Republic of South Africa Second Amendment Bill, 200 1, aims to amend the Constitution in order to provide that, after the composition of a provincial legislature had been changed in accordance with national legislation (the Membership Bill), that legislature must determine the number of delegates of each party to the National Council of Provinces.
determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegatesand how many are to be special delegates; and appoint the permanent delegates in accordance with the nominations of the parties.
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the proposed amendments fall within the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.