Constitution of the Republic of South Africa Second Amendment Act
This provision is a notice that the Constitution of the Republic of South Africa Second Amendment Act, 2001 was assented to and published.
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- South Africa
- Instrument
- Constitution
- Citation
- Act 61 of 2001
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- en
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About this statute
This provision is a notice that the Constitution of the Republic of South Africa Second Amendment Act, 2001 was assented to and published. This amendment limits who may introduce certain Bills in the Assembly and allows other Bills to be introduced in the National Council of Provinces. This section defines when a Bill is a money Bill and limits what it may cover. This section defines when a Bill is a money Bill, limits what a money Bill may cover, and requires a provincial Act to set out the procedure for amending a money Bill. This section amends section 163 of the Constitution by replacing paragraph (6) with a new paragraph about local government procedures.
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Provisions of Constitution of the Republic of South Africa Second Amendment Act
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December 2001 No. 22932
AI-assisted research summary: This provision is a notice that the Constitution of the Republic of South Africa Second Amendment Act, 2001 was assented to and published.
14 December 2001 No. 22932 THE PRESIDENCY No. 1360 14 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 61 of 2001: Constitution of the Republic of South Africa Second Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22932 Act No. 61,2001 GOVERNMENT GAZETTE, 14 DECEMBER 2001 CONSTITUTIOK OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with existing enactments. a solid line indicate insertions in (English tcxt signed by the President.) (Assented to 7 December 2001.) ACT To amend the Constitution of the Republic of South Africa, 1996, so as- of certain financial legislation in the to provide for the introduction, only by the Cabinet member responsible for national financial matters, National Assembly; to extend the definition of a money Bill; to regulate the withholding of funds by the national treasury if organs of state commit a serious and material breach of legislation prescribing treasury norms and standards; to provide that the enactment of national framework legislation govern- ing the policies of organs of state on preferential procurement should be obligatory; to provide for the enactment connection with the withdrawal of money as direct charges against a Provincial Revenue Fund and certain payments from a Provincial Revenue Fund to municipalities; to reduce the number of members of the Financial and Fiscal Commis- sion and to change the appointment procedure; to make provision for provincial borrowing powers; and to provide for matters connected therewith. of national framework legislation in I E IT ENACTED by B fol1ows:- the Parliament of the Republic of South Africa, as Amendment of section 73 of Act 108 of 1996 - 1 Verify source ↗
Section 73 of the Constitution of the Republic of South Africa, 1996 (hereinafter
AI-assisted research summary: This amendment limits who may introduce certain Bills in the Assembly and allows other Bills to be introduced in the National Council of Provinces.
1. Section 73 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), is hereby amended- (a) by the substitution for subsection (2) of the following subsection: “(2) Only a Cabinet member or a Deputy Minister, or a member or committee of the National Assembly, may Assembly, but only the financial matters may introduce the following Bilk in the Assembly: @) a money Bill [in the Assembly]; Ib) a Bill which provides for legislation envisaged in section 214.”; and Cabinet member responsible introduce a Bill in the for national (b) by the substitution for subsection (3) of the following subsection: 5 10 “(3) A Bill referred to in section 76(3), except [a money Bill] @ referred to in subsectjon (2)(a) or (b) of this section, may be introduced in the National Council of Provinces.”. 15 4 GAZETTE, GOVERNMENT No. 22932 14 DECEMBER 2001 Act No. 61,200:l CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 2001 Substitution of section 77 of Act 108 of 1996 - 2 Verify source ↗
The following section is hereby substituted for section 77 of the Constitution:
AI-assisted research summary: This section defines when a Bill is a money Bill and limits what it may cover.
2. The following section is hereby substituted for section 77 of the Constitution: “Money Bills 77. (1) A Bill [that] is a money Bill if it- [or] 5 -_ (a) appropriates money; -_ (b) imposes national taxes, levies, [or] duties or surcharges [is a money Bill]; abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges; or - (c:) - (cl) authorises direct charges against the National Revenue Fund, except a 10 Bill envisaged in section 214 authorising direct charges. ( 2 ) A money Bill may not deal with any other matter except- @ ) a subordinate matter incidental to the appropriation of money; [or] __ (h) the imposition, abolition or reduction of national taxes, levies, [or] - (c) @) duties or surcharges; the granting of exemption from national surcharges; or the authorisation of direct charges against the National Revenue Fund. the [(2)](3) All money Bills must be considered in accordance with taxes, levies, duties or 15 procedure established by section 75. An Act of Parliament must provide for 20 a procedure to amend money Bills before Parliament.”. Substitution of section 120 of Act 108 of 1996 - 3 Verify source ↗
The following section is hereby substituted for section 120 of the Constitution:
AI-assisted research summary: This section defines when a Bill is a money Bill, limits what a money Bill may cover, and requires a provincial Act to set out the procedure for amending a money Bill.
3. The following section is hereby substituted for section 120 of the Constitution: “Money Bills 120. (1) A Bill [that] is a money Bill if it- _. (a:) appropriates money; [or] __ (b) imposes provincial taxes, levies, [or] duties or surcharges [is a money Bill]; - (c) abolishes or reduces, or grants exemptions from, any provincial taxes, surcharges; levies, duties or or authorises direct charges against a Provincial Revenue Fund. (2J A money Bill may not deal with any other matter except- l 2 ( d @), a subordinate lnatter incidental to the appropriation of money; [or] E! the imposition, abolition or reduction of provincial taxes, levies, [or] duties or surcharges; the granting of exemption from provincial taxes, levies, duties or surcharges; or - (c) - (d) the authorisation of direct charges against a Provincial Revenue Fund. the [(2)]12) A provincial Act must provide for a procedure by which amend province’s legislature may a money Bill.”. Amendment OC section 163 of Act 108 of 1996 - 4 Verify source ↗
Section 163 of the Constitution is hereby amended by the substitution for paragraph
AI-assisted research summary: This section amends section 163 of the Constitution by replacing paragraph (6) with a new paragraph about local government procedures.
4. Section 163 of the Constitution is hereby amended by the substitution for paragraph ( 6 ) of the following paragraph: “(b) determine procedures by which local government may- 25 30 35 40 6 No. 22932 Act No. 61,2001 GAZETTE, GOVERNMENT 14 DECEMBER 2001 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 2001 (i) consult with the national or a provincial government; (ii) designate representatives to participate in the National Council of Provinces; and (iii) [nominate persons to the Financial and Fiscal Commission] partici- in the national legislation envisaged in pate in the process prescribed section 22l(l)(c).”. 5 Amendment of section 216 of Act 108 of 1996 - 5 Verify source ↗
Section 216 of the Constitution is hereby amended by-
AI-assisted research summary: The national treasury must enforce compliance with subsection (1) measures and may stop transfers to an organ of state for a serious or persistent material breach.
5. Section 216 of the Constitution is hereby amended by- ( a ) the substitution for subsection (2) of the following subsection: “(2) [The national treasury, with the concurrence of the Cabinet 10 member responsible for national financial matters, may stop the transfer of funds to an organ of state only for serious or persistent material breach of the measures established in terms of subsection (l)] The national treasury must enforce compliance with the measures established in terms of subsection (l), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures.”; and 15 ( b ) the substitution in subsection (3) for the words preceding paragraph (a) of the following words: “(3) A decision to stop the transfer of funds due to a province in terms of section 214 (l)(b) may be taken only in [terms ofl the circumstances mentioned in subsection (2) and-”. Amendment of section 217 of Act 108 of 1996 - 6 Verify source ↗
Section 217
AI-assisted research summary: National legislation must prescribe a framework for implementing the policy mentioned in subsection (2).
6. Section 217 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection: “(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) [may] must be implemented.”. Amendment of section 221 of Act 108 of 1996, as amended by section 2 of Act 2 of 1999 - 7 Verify source ↗
Section 221 of the Constitution is hereby amended-
AI-assisted research summary: National legislation must provide for participation by the Premiers and organised local government in compiling the relevant lists.
7. Section 221 of the Constitution is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(I) The Commission consists of the following women and men appointed bv the President. as head of the national executive: 20 25 30 A chaiGerson and deputy chairperson; [nine persons, each of whom is nominated by the Executive Council of a province, with each province nominating only one person] three persons selected, after consulting the Premiers, from a list compiled in accordance with a process prescribed by national legislation; two persons [nominated by organised local government in terms of section 1631 selected, after consulting organised local govern- ment, from a list compiled in accordance with a process prescribed by national legislation; and [nine] two other persons.”; and 35 40 (b) by the insertion after subsection (1) of the following subsection: 45 “( 1A) National legislation referred to in subsection (1) must provide for the participation of- (a) the Premiers in the compilation of a list envisaged in subsection (b) organised local government in the compilation of a list envisaged in 50 , - .. (l)(b); and subsection (l)(c).” 8 No. 22932 Act No. 61,2001 GAZETTE, GOVERNMENT 14 DECEMBER 2001 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 2001 Amendment of section 226 of Act 108 of 1996 - 8 Verify source ↗
Section 226 of the Constitution is hereby amended by the addition of the following
AI-assisted research summary: National legislation may create a framework for provincial laws to authorise certain withdrawals from a Provincial Revenue Fund, and revenue allocated through a province to local government must be paid to municipalities.
8. Section 226 of the Constitution is hereby amended by the addition of the following subsection: “(4) National legislation may determine a framework within which- (a) a provincial Act may in terms of subsection (2)(b) authorise the withdrawal of 5 money as a direct charge against a Provincial Revenue Fund; and (b:) revenue allocated through a province to local government in that province in terms of subsection (3) must be paid to municipalities in the province.”. Amendment of section 228 of Act 108 of 1996 - 9 Verify source ↗
Section 228 of the Constitution is hereby amended by the substitution for paragraph 10
AI-assisted research summary: This section amends section 228 of the Constitution by replacing paragraph 10(b) with new wording about flat-rate surcharges on certain taxes, levies, or duties.
9. Section 228 of the Constitution is hereby amended by the substitution for paragraph 10 ( b ) of subsection (1) of the following paragraph: “(b) flat-rate surcharges on [the tax bases of] any tax, levy or duty that is imposed corporate income tax, by national legislation, other than [the tax bases ofl value-added tax, rates on property or customs duties.”. Substitution of section 230 of Act 108 of 1996 15 - 10 Verify source ↗
The following section is hereby substituted for section 230 of the Constitution:
AI-assisted research summary: Provinces and municipalities may borrow for capital or current spending, but current-spending loans are allowed only for bridging needs during a fiscal year and must be repaid within 12 months.
10. The following section is hereby substituted for section 230 of the Constitution: “Provincial loans % 230. (1) A province [or a municipality] may raise loans for capital or current expenditure in accordance with [reasonable conditions deter- mined by] national legislation, but loans for current expenditure [- (a)] may be raised only when necessary for bridging purposes during a 20 fiscal year [and (b) must be repaid within twelve months]. (2) National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have 25 been considered.”. Short title - 11 Verify source ↗
This Act
AI-assisted research summary: This section says the Act is titled the Constitution of the Republic of South Africa Second Amendment Act, 2001, and starts on a date set by the President by proclamation in the Gazette.
11. This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 2001, and comes into operation on a date fixed by the President by proclamation in the Gazette. 30
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