Page:Constitution of the Republic of South Africa Second Amendment Act 2002 from Government Gazette.djvu/2



(English text signed by the President.) (Assented to 19 June 2002.)

To amend the Constitution of the Republic of South Africa, 1996, in order to regulate the allocation of delegates to the National Council Provinces in the event of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within a provincial legislature; and to provide for matters connected therewith.

WHEREAS the National Council of Provinces is composed of a single delegation from each province consisting of six permanent and four special delegates;

AND WHEREAS parties represented in a provincial legislature are entitled to delegates in the province's delegation, and national legislation must determine how many of each party's delegates are to be permanent delegates and how many are to be special delegates;

AND WHEREAS national legislation has been passed in accordance with item 23A of Schedule 2 to the Constitution of the Republic of South Africa, 1993, providing for—
 * the manner in which it will be possible for a member of a national or a provincial legislature who ceases to be a member of the party which nominated that member, to retain membership of such legislature; and
 * any existing party to merge with another party, or any party to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing a member of a legislature affected by such changes, to retain membership of such legislature;

AND WHEREAS in terms of the national legislation in question, changes of party membership, mergers between parties or subdivision of parties or subdivision and merger of parties within a provincial legislature, may necessitate changes in respect of that legislature's delegation to the National Council of Provinces,

E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 61 of Act 108 of 1996

1. Section 61 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for subsection (2) of the following subsection: