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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 4 – Parliament

National Legislative Process

74. Bills amending the Constitution

 

 

1) Section 1 and this subsection may be amended by a Bill passed by :
a) the National Assembly, with a supporting vote of at least 75 per cent of its members; and
b) the National Council of Provinces, with a supporting vote of at least six provinces.

 

2) Chapter 2 may be amended by a Bill passed by :
a) the National Assembly, with a supporting vote of at least two thirds of its members; and
b) the National Council of Provinces, with a supporting vote of at least six provinces.

 

3) Any other provision of the Constitution may be amended by a Bill passed :
a) by the National Assembly, with a supporting vote of at least two thirds of its members; and
b) also by the National Council of Provinces, with a supporting vote of at least six provinces, if the amendment :
i) relates to a matter that affects the Council;
ii) alters provincial boundaries, powers, functions or institutions; or
iii) amends a provision that deals specifically with a provincial matter.

 

4) A Bill amending the Constitution may not include provisions other than constitutional amendments and matters connected with the amendments.

 

5) At least 30 days before a Bill amending the Constitution is introduced in terms of section 73(2), the person or committee intending to introduce the Bill must :
a) publish in the national Government Gazette, and in accordance with the rules and orders of the National Assembly, particulars of the proposed amendment for public comment;
b) submit, in accordance with the rules and orders of the Assembly, those particulars to the provincial legislatures for their views; and
c) submit, in accordance with the rules and orders of the National Council of Provinces, those particulars to the Council for a public debate, if the proposed amendment is not an amendment that is required to be passed by the Council.

 

6) When a Bill amending the Constitution is introduced, the person or committee introducing the Bill must submit any written comments received from the public and the provincial legislatures :
a) to the Speaker for tabling in the National Assembly; and
b) in respect of amendments referred to in subsection (1), (2) or (3)(b), to the Chairperson of the National Council of Provinces for tabling in the Council.

 

7) A Bill amending the Constitution may not be put to the vote in the National Assembly within 30 days of :
a) its introduction, if the Assembly is sitting when the Bill is introduced; or
b) its tabling in the Assembly, if the Assembly is in recess when the Bill is introduced.

 

8) If a Bill referred to in subsection (3)(b), or any part of the Bill, concerns only a specific province or provinces, the National Council of Provinces may not pass the Bill or the relevant part unless it has been approved by the legislature or legislatures of the province or provinces concerned.

 

9) A Bill amending the Constitution that has been passed by the National Assembly and, where applicable, by the National Council of Provinces, must be referred to the President for assent.