Page:Constitution of the Republic of South Africa Second Amendment Act 2001 from Government Gazette.djvu/5



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 provincial Act may in terms of subsection (2) (b) authorise the withdrawal of money as a direct charge against a Provincial Revenue Fund; and

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. Section 228 of the Constitution is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

flat-rate surcharges on [the tax bases of] any tax, levy or duty that is imposed by national legislation, other than [the tax bases of] on corporate income tax, value-added tax, rates on property or customs duties.”.

Substitution of section 230 of Act 108 of 1996

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 determined by] national legislation, but loans for current expenditure[—

may be raised only when necessary for bridging purposes during a fiscal year [and

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 been considered.”.

Short title

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.