Page:Constitution of the Republic of South Africa Third Amendment Act 1996 from Government Gazette.djvu/2



To amend the Constitution of the Republic of South Africa, 1993, so as to make further provision in relation to the adoption of the new constitutional text; and to provide for matters connected therewith.

(English text signed by the President.) (Assented to 16 April 1996.)

E IT ENACTED by the Constitutional Assembly, as follows:—

Substitution of section 73 of Act 200 of 1993

1. The following section is hereby substituted for section 73 of the Constitution of the Republic of South Africa, 1993: “Adoption of new constitutional text

73. (1) The Constitutional Assembly shall pass the new constitutional text within two years as from the date of the first sitting of the National Assembly under this Constitution.

(2) For the passing of the new constitutional text by the Constitutional Assembly, a majority of at least two-thirds of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of two-thirds of all the members of the Senate.

(3) If the Constitutional Assembly fails to pass a proposed draft of the new constitutional text in accordance with [subsection (2)] subsections (1) and (2), but such draft is supported by a majority of all its members, such proposed draft shall be referred by the Chairperson to the panel of constitutional experts referred to in section 72(2) for its advice, to be given within 30 days of such referral, on amendments to the proposed draft, within the framework of the Constitutional Principles, which might secure the support required in terms of subsection (2).