Citation of Constitutional Laws Act, 2005
| Citation of Constitutional Laws Act, 2005 | |
|---|---|
| Parliament of South Africa | |
| |
| Citation | Act No. 5 of 2005 |
| Enacted by | Parliament of South Africa |
| Assented to | 23 June 2005 |
| Commenced | 27 June 2005 |
| Legislative history | |
| Bill title | Citation of Constitutional Laws Bill |
| Bill citation | B5—2005 |
| Introduced by | Brigitte Mabandla, Minister of Justice and Constitutional Development |
| Introduced | 10 February 2005 |
| Status: In force | |
The Citation of Constitutional Laws Act, 2005 (Act No. 5 of 2005) is an act of the Parliament of South Africa which altered the way in which the Constitution and its amendments are numbered and referred to.
An ordinary act of Parliament is referred to by the year in which it is passed and an identifying number within that year; the identifying number is allocated by the Presidency when the act is signed by the President.[1] The Constitution was originally numbered as "Act No. 108 of 1996". Various jurists, including Chief Justice Arthur Chaskalson, expressed the opinion that the Constitution should not be treated as an ordinary act of Parliament, because it was enacted by the Constitutional Assembly rather than by Parliament and because it was supreme over all other law.[1][2] The Citation of Constitutional Laws Act put this suggestion into effect, removing the Constitution's act number and determining that it was to be referred to only by its title, "Constitution of the Republic of South Africa, 1996".
The act also dealt similarly with the eleven (at the time) acts amending the constitution. They had originally been given titles of the form "Constitution of the Republic of South Africa [Second] Amendment Act, [year]" and act numbers in the ordinary sequence. The Citation Act removed their act numbers, and retitled them in a single chronological sequence. The following table makes it clear:
| Old act no. | Old title | New title |
|---|---|---|
| 35 of 1997 | Constitution of the Republic of South Africa Amendment Act, 1997 | Constitution First Amendment Act of 1997 |
| 65 of 1998 | Constitution of the Republic of South Africa Amendment Act, 1998 | Constitution Second Amendment Act of 1998 |
| 87 of 1998 | Constitution of the Republic of South Africa Second Amendment Act, 1998 | Constitution Third Amendment Act of 1998 |
| 3 of 1999 | Constitution of the Republic of South Africa Amendment Act, 1999 | Constitution Fourth Amendment Act of 1999 |
| 2 of 1999 | Constitution of the Republic of South Africa Second Amendment Act, 1999 | Constitution Fifth Amendment Act of 1999 |
| 34 of 2001 | Constitution of the Republic of South Africa Amendment Act, 2001 | Constitution Sixth Amendment Act of 2001 |
| 61 of 2001 | Constitution of the Republic of South Africa Second Amendment Act, 2001 | Constitution Seventh Amendment Act of 2001 |
| 18 of 2002 | Constitution of the Republic of South Africa Amendment Act, 2002 | Constitution Eighth Amendment Act of 2002 |
| 21 of 2002 | Constitution of the Republic of South Africa Second Amendment Act, 2002 | Constitution Ninth Amendment Act of 2002 |
| 2 of 2003 | Constitution of the Republic of South Africa Amendment Act, 2003 | Constitution Tenth Amendment Act of 2003 |
| 3 of 2003 | Constitution of the Republic of South Africa Second Amendment Act, 2003 | Constitution Eleventh Amendment Act of 2003 |
It also decreed that subsequent constitutional amendment acts should be named similarly.
References
[edit]- ^ a b van Heerden, Mike (2007). "The 1996 Constitution of the Republic of South Africa: Ultimately supreme without a number" (PDF). Politeia. 26 (1). University of South Africa: 33–44. Retrieved 16 July 2011.
- ^ "Memorandum on the objects of the Citation of Constitutional Laws Bill, 2005". Government of South Africa. 10 February 2005. Archived from the original on 28 March 2012. Retrieved 16 July 2011.
External links
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