Page:Constitution of the Republic of South Africa Amendment Act 2003 from Government Gazette.djvu/2



(English text signed by the President.) (Assented to 19 March 2003.)

To amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of the National Assembly or a provincial legislature to become a member of another party whilst retaining membership of the National Assembly or that provincial legislature; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and to permit any of the subdivisions to merge with another party, whilst allowing a member of a legislature affected by such changes to retain membership of that legislature; and to provide for matters connected therewith.

WHEREAS section 46(1)(d) of the Constitution of the Republic of South Africa, 1996 (the Constitution), requires an electoral system for the National Assembly that results, in general, in proportional representation;

AND WHEREAS section 47(3)(a) of the Constitution provides that a person loses membership of the National Assembly if that person ceases to be eligible on the grounds listed in section 47 (1);

AND WHEREAS section 105(1)(d) of the Constitution requires an electoral system for provincial legislatures that results, in general, in proportional representation;

AND WHEREAS section 106(3)(a) of the Constitution provides that a person loses membership of a provincial legislature if that person ceases to be eligible on the grounds listed in section 106(1);

AND WHEREAS the Constitution of the Republic of South Africa Amendment Act, 2002 (Act No. 18 of 2002), amended the Constitution in order to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council: and to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any of the subdivisions to merge with another party, whilst allowing a member of a Council affected by such changes to retain membership of that Council;

AND WHEREAS the need exists for uniformity within the three spheres of government regarding loss or retention of membership of the National Assembly, any provincial legislature or any Municipal Council in the event of a change of party membership, or mergers or subdivision or subdivision and merger of parties,