10 October 2002
The Minister for Justice and Constitutional Development, Dr Peneull intends to introduce the Constitution of the Republic of South Africa Fourth Amendment Bill, 2002, in the National Assembly. The Particulars of the proposed amendments will be published in the Government Gazette tomorrow, 11 October 2002, for public comment in accordance with section 74 (5) (a) of the Constitution (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister before 8 November 2002, the cut off date for submission.
On 04 October 2002, in the case of the United Democratic Movement v President of the Republic of South Africa and others (Case CCT 23/02), the Constitutional Court held the "floor crossing" legislation for national, provincial and local government is not as such inconsistent with the Constitution. The court observed however, that with regard to the loss or Retention of Membership of National and Provincial Legislatures Act, 2002, Parliament did not have the power to effect the provisions contemplated in that Act by means of ordinary Act of Parliament, as opposed to an Act amending the Constitution. As a result of this procedural defect, the Membership Act was found to be inconsistent with the Constitution and invalid. Other three Acts were however found to be consistent with the Constitution and valid.
The objects of the Bill are among others:
Schedule 6B of the Bill provides that "any person who, during the period from 22 October 2002 until the date of the commencement of the Scheduled, has been removed from membership of a legislature by reason directly or indirectly of anything done by such person in anticipation of the enactment of the provisions substantiality similar in content to this Schedule thereto, and restore to such membership with all rights and privileges attaching thereto, and any person who has replaced such person as a member of the legislature shall cease to be a member of such legislature".
The provision of the Bill are applicable to members of and parties represented in the National Assembly and Provincial Legislatures. The mechanism contained in the Bill provides that a member of a legislature will be allowed to change party membership and allows a party to merge or to subdivide or to be subdivide and merge only during the first 15 days following the commencement of the legislation and thereafter.
The public may submit comments to Mr Johan de Lange, Private Bag x81 Pretoria 0001.
Issued by: Ministry for Justice and Constitutional Development