|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
South Africa: Constitutional Court |
[Database Search] [Name Search] [Recent Decisions] [Noteup] [Help]
CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 29/97
CERTIFICATION OF THE AMENDED TEXT OF THE CONSTITUTION OF THE WESTERN
CAPE, 1997
Heard on : 18 November 1997
Decided on : 18 November 1997
JUDGMENT
THE
COURT[1]
[1] On 2 September
1997 this Court issued an order declining to certify that the whole of the
constitutional text of the Constitution
of the Western Cape, 1997, passed by the
legislature of that province on 21 February 1997, complied with section 143 of
the Constitution
of the Republic of South Africa, 1996. The refusal to certify
was in respect of a limited number of provisions of the constitutional
text.
[2] On 11 September 1997 an amended text of the Constitution of the
Western Cape was passed by a majority of at least two thirds of
the members of
the legislature of that province as required by section
142[2] of the Constitution and its
Speaker submitted this amended text to this Court for certification in terms of
section 144.
[3] This Court once again afforded an opportunity to the
Government of the Republic of South Africa and to any political party
represented
in the legislature of the province of the Western Cape to make
representations to the Court in regard to whether the amended text
should or
should not be certified. No objection has been raised to such
certification.
[4] Counsel appearing for the Speaker of the legislature of the
province of the Western Cape has submitted that all the provisions
of the
amended text comply with section
143[3] and has requested us to certify
such text.
[5] The amendments to the text of the provincial constitution deal
with the provisions which were identified in our judgment of 2
September as
failing to comply with section 143. The only alteration to the previous text
which was not occasioned by our judgment
is an amendment to Annexure A to the
provincial constitution. It deals with the composition of the provincial
cabinet during the
period between the coming into force of the provincial
constitution and the second election for the provincial parliament. The
provincial
cabinet is an executive structure. The provisions dealing with the
manner in which it is to be composed have to comply with the
values in section 1
and the provisions of Chapter 3 of the Constitution, but save for this, they do
not have to be consistent with
other provisions of the Constitution. We are
satisfied that these amendments comply with section 143.
[6] We have
scrutinised the amended text and are unanimously of the view that all its
provisions now comply with section 143. We
accordingly certify that the whole
of the amended constitutional text of the Constitution of the Western Cape, 1997
as passed by
the legislature of that province on 11 September 1997 complies with
section 143 of the Constitution.
For the Speaker of the Western Cape Legislature: J J Gauntlett SC instructed by
the State Attorney
[1]This is the unanimous judgment
of all the members of the
Court.
[2]“142. Adoption of
provincial constitutions
A provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favour of the Bill.”
[3]“143.
Contents of provincial constitutions
(1) A provincial constitution, or constitutional amendment, must not be inconsistent with this Constitution, but may provide for–
(a) provincial legislative or executive structures and procedures that differ from those provided for in this Chapter; or
(b) the institution, role, authority and status of a traditional monarch,
where applicable.
(2) Provisions included in a provincial constitution or constitutional amendment in terms of paragraphs (a) or (b) of subsection (1)–
(a) must comply with the values in section 1 and with Chapter 3; and
(b) may not confer on the province any power or function that falls–
(i) outside the area of provincial competence in terms of Schedules 4 and 5; or
(ii) outside the powers and functions conferred on the province by other sections of the Constitution.”
SAFLII:
|
Terms of Use
|
Feedback
URL: http://www.saflii.org/za/cases/ZACC/1997/15.html
.PDF of original document
.RTF of original document