Page:Constitution of the Republic of South Africa Amendment Act 2001 from Government Gazette.djvu/4



9. Section 111 of the Constitution is hereby amended by the substitution for subsection (2) of the following subsection: “(2) A judge designated by the [President of the Constitutional Court] Chief Justice must preside over the election of a Speaker. The Speaker presides over the election of a Deputy Speaker.”.

Amendment of section 128 of Act 108 of 1996

10. Section 128 of the Constitution is hereby amended by the substitution for subsections (2) and (3) of the following subsections: “(2) A judge designated by the [President of the Constitutional Court] Chief Justice must preside over the election of the Premier. The procedure set out in Part A of Schedule 3 applies to the election of the Premier.

(3) An election to fill a vacancy in the office of Premier must be held at a time and on a date determined by the [President of the Constitutional Court] Chief Justice, but not later than 30 days after the vacancy occurs.”.

Amendment of section 167 of Act 108 of 1996

11. Section 167 of the Constitution is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The Constitutional Court consists of [a President, a Deputy President] the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.”.

Amendment of section 168 of Act 108 of 1996

12. Section 168 of the Constitution is hereby amended by the substitution for subsections (1) and (2) of the following subsections: “(1) The Supreme Court of Appeal consists of a [Chief Justice, a Deputy Chief Justice] President, a Deputy President and the number of judges of appeal determined [by] in terms of an Act of Parliament.

(2) A matter before the Supreme Court of Appeal must be decided by the number of judges determined [by] in terms of an Act of Parliament.”.

Amendment of section 174 of Act 108 of 1996

13. Section 174 of the Constitution is hereby amended by the substitution for subsections (3) and (4) of the following subsections: “(3) The President as head of the national executive, after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly, appoints the [President and Deputy President of the Constitutional Court] Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the [Chief Justice and Deputy Chief Justice] President and Deputy President of the Supreme Court of Appeal.

(4) The other judges of the Constitutional Court are appointed by the President, as head of the national executive, after consulting the [President of the Constitutional Court] Chief Justice and the leaders of parties represented in the National Assembly, in accordance with the following procedure:

The Judicial Service Commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President. The President may make appointments from the list, and must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made. The Judicial Service Commission must supplement the list with further nominees and the President must make the remaining appointments from the supplemented list.”.