Constitution of the Republic of South Africa Amendment Act
This provision amends Section 124 by replacing the name “Natal” with “KwaZulu/Natal” wherever it appears.
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- Jurisdiction
- South Africa
- Instrument
- Constitution
- Citation
- Act 2 of 1994
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
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About this statute
This provision amends Section 124 by replacing the name “Natal” with “KwaZulu/Natal” wherever it appears. This provision changes constitutional law on provincial and national legislative competence and sets when national law prevails over inconsistent provincial law. This section amends section 155 of the principal Act to change how the equitable share of revenue is made up. The provision amends section 156 so provinces may levy certain taxes and provincial legislatures have exclusive competence over specified gaming-related taxes, subject to listed limits. This section amends rules on borrowing for capital expenditure and on how certain revenue/financial allocations are made.
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Provisions of Constitution of the Republic of South Africa Amendment Act
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Section 124 of the Constitution of the Republic of South Africa, 1993
AI-assisted research summary: This provision amends Section 124 by replacing the name “Natal” with “KwaZulu/Natal” wherever it appears.
1. Section 124 of the Constitution of the Republic of South Africa, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the name "Natal, wherever it occurs, of the name "KwaZulu/ Natal". Amendment of section 126 of Act 200 of 1993 - 2 Verify source ↗
Section 126 of the principal Act is hereby amended-
AI-assisted research summary: This provision changes constitutional law on provincial and national legislative competence and sets when national law prevails over inconsistent provincial law.
2. Section 126 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: "(1) A provincial legislature shall <<be competent,>> subject to subsections (3) and (4), **have concurrent competence with Parliament** to make laws for the province with regard to all matters which fall within the functional areas specified in Schedule 6." (b) by the insertion after subsection (2) of the following subsection: <<"(2A) Parliament shall be competent, subject to subsections (3) and (4), to make laws with regard to matters referred to in subsections (1) and (2).>>"; and (c) by the substitution for subsection (3) of the following subsection: "(3) **An Act of Parliament which deals with a matter referred to in subsection (1) or (2) shall prevail over a provincial law inconsistent therewith, only to the extent that** <<a law passed by a provincial legislature in terms of this Constitution shall prevail over an Act of Parliament which deals with a matter referred to in subsection (1) or (2) except in so far as>> (a) **it** <<the Act of Parliament>> deals with a matter that cannot be regulated effectively by provincial legislation; (b) **it** <<the Act of Parliament>> deals with a matter that, to be performed effectively, requires to be regulated or co-ordinated by uniform norms or standards that apply generally throughout the Republic; (c) **it** the <<Act of Parliament>> is necessary to set minimum standards across the nation for the rendering of public services; (d) **it** <<the Act of Parliament>> is necessary for the **determination of national economic policies** maintenance of economic unity, the protection of the environment, the promotion of interprovincial commerce, the protection of the common market in respect of the mobility of goods, services, capital or labour, or the maintenance of national security; or (e) the provincial law materially prejudices the economic, health or security interests of another province or the country as a whole, <<or impedes the implementation of national economic policies>>.". Amendment of section 155 of Act 200 of 1993
Part
Schedule 6."
- 3 Verify source ↗
Section 155 of the principal Act is hereby amended-
AI-assisted research summary: This section amends section 155 of the principal Act to change how the equitable share of revenue is made up.
3. Section 155 of the principal Act is hereby amended- (a) by the substitution for subsection (2) of the following subsection: "(2) The equitable share of revenue referred to in subsection (1) shall consist of- (a) a percentage, as fixed by an Act of Parliament, of income tax on individuals which is collected **within the province** <<nationally>>; (b) a percentage, as fixed by an Act of Parliament, of value-added tax or other sales tax which is collected **within the province** <<nationally>>; <<(c) a percentage>>, as fixed by an Act of Parliament, of any national levy on the sale of fuel; (d) any transfer duty, collected nationally, on the acquisition, sale or transfer of any property situated within the province <<(e) any>> other conditional or unconditional allocations out of (b) by the insertion after subsection (2) of the following subsection: "<<(2A) Sections 59(2) and 60 shall not apply to an Act referred to in subsection (2), and such an Act shall be passed by the National (c) by the substitution for subsection (3) of the following subsection: "(3) The percentages referred to in **subsection (2)(a) and (b)** <<paragraphs (a), (b) and (c) of subsection (2), and the conditions reasonably <<in respect of the different provinces>> after taking into account the national interest and recommendations of the Financial and effected expeditiously and without any deduction therefrom.>>"; (d) by the substitution in subsection (4) in the words preceding paragraph (a) substitution in paragraph (b) of subsection (4) for the expression "subsection (2)(a) and (b)" of the expression "subsection (2)(a), (b), Amendment of section 156 of Act 200 of 1993 - 4 Verify source ↗
Section 156 of the principal Act is hereby amended-
AI-assisted research summary: The provision amends section 156 so provinces may levy certain taxes and provincial legislatures have exclusive competence over specified gaming-related taxes, subject to listed limits.
4. Section 156 of the principal Act is hereby amended- (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "(1) A **province may levy taxes, surcharges or levies other than of a kind referred to in section 155(2)(a) or (b)**<<provincial other than income tax or value-added or other sales tax, and to (b) by the insertion after subsection (1) of the following subsections: "<<(1A) Sections 59(2) and 60 shall not apply to an Act referred to in subsection (1), and such an Act shall be passed by the National Assembly and the Senate sitting separately. (1B) A provincial legislature shall notwithstanding subsection ( 1 ) have exclusive competence within its province to impose taxes, levies and duties (excluding income tax or value-added or other sales tax) on(a) casinos; (b) gambling, wagering and lotteries; and (c) betting.>>", and (c) by the substitution for the proviso to subsection (3) of the following proviso: "Provided that- (a) **the criteria to be taken into account in raising such charges may be regulated by an Act of Parliament passed after recommen- dations of the Financial and Fiscal Commission relating to the draft text of any such Act have been submitted to and considered by Parliament** <<such legislation may only be enacted after consideration by the provincial legislature of any recommen- dations made by the Financial and Fiscal Commission concern- ing the criteria according to which such charges should be determined>>; and (b) **they do not discriminate** <<there is no discrimination against non-residents of that province who are South African citizens." . Amendment of section 157 of Act 200 of 1993 - 5 Verify source ↗
Section 157 of the principal Act is hereby amended-
AI-assisted research summary: This section amends rules on borrowing for capital expenditure and on how certain revenue/financial allocations are made.
5. Section 157 of the principal Act is hereby amended- (a) by the substitution for paragraph (b) of subsection (1) of the following paragraph: "(b) shall be competent to raise loans for capital expenditure, provided it does so within the framework of <<reasonable>> norms and conditions prescribed by an Act of Parliament passed after the draft text of any such Act have been submitted to and considered by Parliament."; (b) by the insertion after subsection (1) of the following subsection: subsection ( 1) (b), and such an Act shall be passed by the citizens." . Amendment of section 157 of Act 200 of 1993 - following paragraph: it does so within the framework of <<reasonable>> norms and conditions prescribed by an Act of Parliament passed after the draft text of any such Act have been submitted to and considered by Parliament."; (b) by the insertion after subsection (1) of the following subsection: subsection ( 1) (b), and such an Act shall be passed by the 158. **Revenue** <<Financial>> allocations **made** by the national - (a) to a provincial or local government, shall be made **through** in <<terms>> of an appropriation Act; and (b) to a local government, shall ordinarily be made through the provincial government of the province in which the local government is situated.". Amendment of section 159 of Act 200 of 1993 - 7 Verify source ↗
Section 159 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Each province must have a Provincial Revenue Fund, and revenue raised by or accruing to the provincial government is paid into it.
7. Section 159 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) There is hereby established in the administration of each province a Provincial Revenue Fund, into which shall be paid all revenue **raised** <<collected>> by or accruing to the provincial government, <<and all financial allocations referred to in section 158 made by the national government to such a provincial government and to local governments within the province of such a provincial government.>>". Amendment of section 160 of Act 200 of 1993 - 8 Verify source ↗
Section 160 of the principal Act is hereby amended-
AI-assisted research summary: Section 160 is amended so a provincial constitution must not conflict with the Constitution, but it may set different legislative and executive structures and procedures for a province.
8. Section 160 of the principal Act is hereby amended- (a) by the substitution for subsection (3) of the following subsection: "(3) A provincial constitution shall not be inconsistent with **(a)** a provision of this Constitution, including **this Chapter and** the Constitutional Principles set out in Schedule 4 <<and>>: <<Provided that a provincial constitution may provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province>> **(b) a provision of the new constitutional text>>.", and (b) by the substitution for subsection (4) of the following subsection: "(4) The text of a provincial constitution passed by a provincial legislature, or any provision thereof, shall be of no force and effect unless the Constitutional Court has certified that none of subsection (3)**(a)**, <<subject to the proviso to that subsection>> <<and if the new constitutional text is then already Insertion of Chapter 11A in Act 200 of 1993 - 9 Verify source ↗
The following Chapter is hereby inserted in the principal Act after
AI-assisted research summary: A Volkstaat Council is authorised, and its affairs and procedures are to be governed by rules made by the Council and by an Act of Parliament.
9. The following Chapter is hereby inserted in the principal Act after section 184 "CHAPTER 11A Provision for establishment of Volkstaat Council <<184A. (1) The establishment of a Volkstaat Council is hereby authorised. Parliament who support the establishment of a Volkstaat for those who want it. (3) The Council shall conduct its affairs according to rules made by the Council. Functions of Council proponents of the idea of a Volkstaat to constitutionally pursue the establishment of such a Volkstaat, and shall for this purpose - (a) to gather, process and make available information with regard to possible boundaries, powers and functions and legislative, suggested constitutional relationship with government at national and provincial level, and any other matter directly (b) to make feasibility and other relevant studies with regard to the matters referred to in paragraph (a); (c) to submit representations and recommendations to the Constitutional Assembly and the Commission on Provincial Government with regard to the possible establishment of a Volkstaat and any matter in connection therewith; and (d) to perform such other functions as may be prescribed by an Act of Parliament. (2) The procedures to be followed by the Council in the performance of its functions under subsection (1), shall be prescribed by an Act of Parliament. (3) The procedures provided for in this Constitution with regard to the finalisation of provincial boundaries, shall not be construed as precluding the establishment of such a Volkstaat, and in the event of the acceptance of the concept of a Volkstaat, alternative provision shall be made by an Act of Parliament for the finalisation of the boundaries of any affected province or provinces.>>. Amendment of section 249 of Act 200 of 1993 10. (1) Section 249 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively: "(1) Notwithstanding the fact that Chapter 4 may not yet be in force the State President may, by proclamation in the Gazette, call an election in terms of the Electoral Act,1993, for the election of the members of the National Assembly <<and the provincial legislatures.>> (2) Such election shall be conducted in accordance with Schedule 2 and the Electoral Act, 1993, <<as amended by the Constitution of the Republic of South Africa Amendment Act, 1994, and the Electoral Amendment Act, 1994, respectively.>>". (2) Subsection (1) shall be deemed to have come into operation on the date of commencement of section 249 of the principal Act. Amendment of Schedule 1 to Act 200 of 1993 - 11 Verify source ↗
Schedule 1 to the principal Act is hereby amended-
AI-assisted research summary: This section amends Schedule 1 of the principal Act and changes the listed place names/districts, including replacing “Natal” and revising paragraph (d) of Part 2.
11. Schedule 1 to the principal Act is hereby amended- (a) by the substitution for the name "Natal", wherever it occurs, of the (b) by the substitution for paragraph (d) of Part 2 of the following "(d) Northern Transkei/Pondoland **Libode,** Lusikisiki, <<Mt Ayliff, Mt Frere, Mt Fletcher, Matatiele>> **Nqeleni, Port St Johns** and Tabankulu districts of Amendment of Schedule 2 to Act 200 of 1993 - 12 Verify source ↗
Schedule 2 to the principal Act is hereby amended-
AI-assisted research summary: This section amends Schedule 2 of the principal Act by renaming “Natal” to “KwaZulu/Natal”, replacing item 15, and adding a definition of “votes”.
12. Schedule 2 to the principal Act is hereby amended- (a) by the substitution for the name "Natal", wherever it occurs, of the name "KwaZulu/Natal"; (b) by the substitution for item 15 of the following item: 15. <<There shall be separate ballot papers for the election of members legislatures.>>"; and the following definition: "<<votes" means- (a) where it occurs in items 5, 6, 7 and 9, votes cast in the election for the National Assembly; (b) where it occurs in items 13 and 14, votes cast in the election for the provincial legislature of a province concerned; and (c) where it occurs in item 16, votes cast in the election for the National Assembly and the provincial legislatures.>>". Amendment of Schedule 4 to Act 200 of 1993 - 13 Verify source ↗
Schedule 4 to the principal Act is hereby amended-
AI-assisted research summary: This amendment replaces Constitutional Principle XVIII so that the Constitution must define national and provincial powers, functions, and provincial boundaries, and provincial powers/functions must not be substantially weaker than those in the Constitution.
13. Schedule 4 to the principal Act is hereby amended- (a) by the substitution for Constitutional Principle XVIII of the following Principle: "XVIII <<1.>> The powers **boundaries** and functions of the national government and provincial governments <<and the boundaries of the provinces>> shall be defined in the Constitution. <<2. The powers and functions of the provinces defined in the Constitution, including the competence of a provincial legislature to adopt a constitution for its province, shall not be substantially less than or substantially inferior to those provided for in this Constitution. - 3 Verify source ↗
The boundaries of the provinces shall be the same as those
AI-assisted research summary: Provincial boundaries must match those set by the Constitution, and amendments changing provincial powers, boundaries, functions, or institutions need extra provincial approval.
3. The boundaries of the provinces shall be the same as those established in terms of this Constitution.>> <<4.>> Amendments to the Constitution which alter the powers boundaries, functions or institutions of provinces shall in addition to any other procedures specified in the Constitution for constitutional amendments, require the approval of a special majority of the legislatures of the provinces, alternatively, if there is such a of provincial representatives, and if the amendment concerns -thirds majority of a chamber of Parliament composed provinces will also be needed. legislature concerning all constitutional amendments regarding its powers, boundaries and functions."; and (b) by the addition after Constitutional Principle XXXIII of the following Principle: <<XXXIV African people as a whole to self-determination, shall not be constitutional provision for a notion of the right to self language heritage, whether in a territorial entity within the Republic or in any other recognised way. - 2 Verify source ↗
The Constitution may give expression to any particular form of
AI-assisted research summary: The Constitution may express a particular form of self in the concerned community, and the new Constitution must entrench the continuation of certain functions before the new constitutional text is adopted.
2. The Constitution may give expression to any particular form of self within the community concerned for such a form of selfdetermination. terms of this Constitution before the new constitutional text is adopted, the new Constitution shall entrench the continuation of such functions.>>". - 14 Verify source ↗
The following Schedule is hereby substituted for Schedule 6 to the
AI-assisted research summary: This section replaces Schedule 6 with a new list of provincial legislative competences.
14. The following Schedule is hereby substituted for Schedule 6 to the "SCHEDULE 6 Legislative Competences of Provinces Agriculture <<Abattoirs>> <<Airports, other than international and national airports>> <<Animal control and diseases>> Casinos, racing, gambling and wagering <<Consumer protection>> Cultural affairs Education at all levels, excluding university and technikon education Environment Health services Housing <<Indigenous law and customary law>> Language policy and the regulation of the use of official languages within a province, subject to section 3 Local government, subject to the provisions of Chapter 10 <<Markets and pounds>> Nature conservation, excluding national parks, national botanical gardens and marine resources Police, subject to the provisions of Chapter 14 Provincial public media <<Provincial sport and recreation>> Public transport Regional planning and development Road traffic regulation Roads <<Soil conservation>> Tourism Trade and industrial promotion Traditional authorities Urban and rural development Welfare services". Prevalence of English text of Constitution - 15 Verify source ↗
Notwithstanding the fact that the Afrikaans text of the principal Act is
AI-assisted research summary: This section says the Afrikaans text of the principal Act is to be interpreted as if it were the signed text, gives the Act its name, and states a commencement date of 27 April 1994.
15. Notwithstanding the fact that the Afrikaans text of the principal Act is its interpretation prevail as if it were the signed text. 16. (1) This Act shall be called the Constitution of the Republic of South into operation on 27 April 1994. (2) Section 251(2) and (3) of the principal Act shall apply mutatis
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Constitution of the Republic of South Africa Amendment Act
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