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Seventh Amendment of the Constitution of South Africa

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Date enacted
  
15 November 2001

Bill citation
  
B78B—2001

Date assented to
  
7 December 2001

Seventh Amendment of the Constitution of South Africa

Enacted by
  
Parliament of South Africa

Date commenced
  
26 April 2002 FFC provisions: 1 December 2003

Bill
  
Constitution of the Republic of South Africa Second Amendment Bill

The Seventh Amendment of the Constitution of South Africa made various changes involving the financial management of national and provincial government. Most of its provisions came into force on 26 April 2002, and the remainder on 1 December 2003.

Contents

Provisions

The amendment made the following changes to the Constitution:

  • Modifying the definition of a "money bill" for the national Parliament and the provincial legislatures.
  • Providing that, along with money bills, bills determining the division of revenue between national, provincial and local government can only be introduced to Parliament by the Minister of Finance.
  • Reducing the size of the Financial and Fiscal Commission from 22 members to nine members, by reducing the number of members chosen by the president from nine to two, and by replacing the nine members chosen by the nine provinces individually with three members chosen by the provinces collectively.
  • Modifying the mechanisms whereby the national government can control the financial practises of the provincial governments.
  • Various other technical modifications.

    • Legislative history

    The amendment was passed by the National Assembly on 1 November 2001 with the requisite two-thirds majority (274 votes in favour), and by the National Council of Provinces (NCOP) on 15 November with eight of nine provinces in favour, KwaZulu-Natal being the lone dissenter. It was introduced to Parliament simultaneously with the Sixth Amendment, but was passed separately because it contained matters affecting provincial government which had to be approved by the NCOP.

    The act was signed by President Thabo Mbeki on 7 December, but it contained a clause specifying that it would only come into force on a date set by presidential proclamation. A proclamation on 26 April 2006 brought most of the act into force on that same day, except for those related to the Financial and Fiscal Commission, which only came into force on 1 December 2003.

    Formal title

    The official short title of the amendment is "Constitution Seventh Amendment Act of 2001". It was originally titled "Constitution of the Republic of South Africa Second Amendment Act, 2001" and numbered as Act No. 61 of 2001, but the Citation of Constitutional Laws Act, 2005 renamed it and abolished the practice of giving Act numbers to constitutional amendments.

    References

    Seventh Amendment of the Constitution of South Africa Wikipedia
    (Text) CC BY-SA