GOVERNMENT GAZETTE Vol. 398, NO. 19153, 14 AUGUST 1998

GENERAL NOTICES

NOTICE 1610 OF 1998

MINISTRY FOR PROVINCIAL AFFAIRS AND CONSTITUTIONAL DEVELOPMENT

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA FOURTH AMENDMENT BILL, 1998

  1. I Mohammed Valli Moosa, Minister for Provincial Affairs and Constitutional Development, under section 74(5) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), hereby publish the Constitution of the Republic of South Africa Fourth Amendment Bill, 1998 for public comment.

  2. Comments must please be submitted to:

    The Director-General

    Attention: Dr PJ Bouwer

    Department of Constitutional Development

    Private Bag X804

    PRETORIA
    0001

  3. Comments may also be faxed to facsimile number (012) 334-0614 at the above address.
  4. Comments must be received by no later than 11 September 1998.

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

____ Words underlined with a solid line indicate insertions in existing enactments.

BILL

To amend the Constitution of the Republic of South Africa, 1996, so as to provide for a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the expiry of the term of the National Assembly; and to dispense with the requirement of the chairperson and deputy chairperson of the Financial and Fiscal Commission to be full-time members of the Commission; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

Amendment of section 49 of Act 108 of 1996

  1. Section 49 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act), is hereby amended by the substitution for subsection (2) of the following subsection:

"(2) If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued either before or after the expiry of the term of the National Assembly.".

Amendment of section 221 of Act 108 of 1996

  1. Section 221 of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:

"(a) A chairperson and a deputy chairperson [who are full-time members];"

Short title

  1. This Act is called the Constitution of the Republic of South Africa Fourth Amendment Act, 1998

MEMORANDUM ON THE OBJECTS OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA FOURTH AMENDMENT BILL, 1998

1.1 It would appear from the wording section 49(2) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996, hereafter "the Constitution"), that a proclamation by the President calling and setting dates for an election of the National Assembly cannot be formally published before the National Assembly s term has actually expired. In view of the fact that it serves no purpose delaying the publication of such a proclamation until the term of the National Assembly has expired, the Chairperson of the Electoral Commission has requested the Minister for Provincial Affairs and Constitutional Development to consider an amendment to the Constitution that will allow such a proclamation to be published before the term of the National Assembly has expired. Such an arrangement will also avoid necessary pre-electoral procedures being unreasonably telescoped during the 90 days period referred to in section 49(2) of the Constitution.

1.2 Clause 1 of the Bill provides for a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the expiry of the term of the National Assembly.

2.1 The Minister of Finance has requested that section 221(1) of the Constitution be amended to dispense with the requirement that the chairperson and deputy chairperson of the Financial and Fiscal Commission are to be full-time members of the Commission. Such an arrangement will enable the President to determine, at his or her discretion, whether the chairperson or the deputy chairperson or any other member of the Commission is to be appointed in a full-time capacity or not.

2.2 Clause 2 of the Bill dispenses with requirement of the chairperson and deputy chairperson of the Financial and Fiscal Commission to be full-time members of the Commission.

3. None of the above amendments relates to a matter that affects the National Council of Provinces, alters provincial boundaries, powers, functions or institutions, or amends a provision that deals specifically with a provincial matter. Consequently, the Department of Constitutional Development is of the view that the legislative procedure established by section 74(3)(a) of the Constitution has to be followed and that the Bill is required to be passed by the National Assembly only.