- Citation of Constitutional Laws Act, 2005
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Citation of Constitutional Laws Act, 2005 
Act to change the manner of referring to the Constitution of the Republic of South Africa, 1996, and to laws amending it; to substitute the short titles of laws amending the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith. Citation Act No. 5 of 2005 Enacted by Parliament of South Africa Date assented to 23 June 2005 Date commenced 27 June 2005 Legislation history Bill Citation of Constitutional Laws Bill Bill citation B5—2005 Bill published on 10 February 2005 Introduced by Brigitte Mabandla, Minister of Justice and Constitutional Development 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
- ^ a b van Heerden, Mike (2007). "The 1996 Constitution of the Republic of South Africa: Ultimately supreme without a number". Politeia (University of South Africa) 26 (1): 33–44. http://uir.unisa.ac.za/bitstream/handle/10500/2904/vheerden2.pdf. Retrieved 16 July 2011.
- ^ "Memorandum on the objects of the Citation of Constitutional Laws Bill, 2005". Government of South Africa. 10 February 2005. http://www.info.gov.za/view/DownloadFileAction?id=66099. Retrieved 16 July 2011.
External links
Constitution of South Africa Chapters 1: Founding Provisions · 2: Bill of Rights · 3: Co-operative Government · 4: Parliament · 5: President and National Executive · 6: Provinces · 7: Local Government · 8: Courts and Administration of Justice · 9: State Institutions Supporting Constitutional Democracy · 10: Public Administration · 11: Security Services · 12: Traditional Leaders · 13: Finance · 14: General Provisions · SchedulesAmendments Previous Related Constitutional Court · Chapter nine institutions · Negotiations to end apartheid · Citation of Constitutional Laws Act · Charter of Religious Rights and FreedomsCategories:- Constitution of South Africa
- South African legislation
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