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.
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.
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 JusticeArthur 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
It also decreed that subsequent constitutional amendment acts should be named similarly.
Referencesedit
^ abvan Heerden, Mike (2007). "The 1996 Constitution of the Republic of South Africa: Ultimately supreme without a number" (PDF). Politeia. University of South Africa. 26 (1): 33–44. Retrieved 16 July 2011.
^. Government of South Africa. 10 February 2005. Archived from the original on 28 March 2012. Retrieved 16 July 2011.
External linksedit
Wikisource has original text related to this article:
Citation of Constitutional Laws Act, 2005
December 12, 2023
citation, constitutional, laws, 2005, 2005, parliament, south, africa, which, altered, which, constitution, amendments, numbered, referred, parliament, south, africalong, title, change, manner, referring, constitution, republic, south, africa, 1996, laws, amen. 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 Citation of Constitutional Laws Act 2005Parliament of South AfricaLong title 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 CitationAct No 5 of 2005Enacted byParliament of South AfricaAssented to23 June 2005Commenced27 June 2005Legislative historyBill titleCitation of Constitutional Laws BillBill citationB5 2005Introduced byBrigitte Mabandla Minister of Justice and Constitutional DevelopmentIntroduced10 February 2005Status In forceAn 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 title35 of 1997 Constitution of the Republic of South Africa Amendment Act 1997 Constitution First Amendment Act of 199765 of 1998 Constitution of the Republic of South Africa Amendment Act 1998 Constitution Second Amendment Act of 199887 of 1998 Constitution of the Republic of South Africa Second Amendment Act 1998 Constitution Third Amendment Act of 19983 of 1999 Constitution of the Republic of South Africa Amendment Act 1999 Constitution Fourth Amendment Act of 19992 of 1999 Constitution of the Republic of South Africa Second Amendment Act 1999 Constitution Fifth Amendment Act of 199934 of 2001 Constitution of the Republic of South Africa Amendment Act 2001 Constitution Sixth Amendment Act of 200161 of 2001 Constitution of the Republic of South Africa Second Amendment Act 2001 Constitution Seventh Amendment Act of 200118 of 2002 Constitution of the Republic of South Africa Amendment Act 2002 Constitution Eighth Amendment Act of 200221 of 2002 Constitution of the Republic of South Africa Second Amendment Act 2002 Constitution Ninth Amendment Act of 20022 of 2003 Constitution of the Republic of South Africa Amendment Act 2003 Constitution Tenth Amendment Act of 20033 of 2003 Constitution of the Republic of South Africa Second Amendment Act 2003 Constitution Eleventh Amendment Act of 2003It 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 University of South Africa 26 1 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 edit nbsp Wikisource has original text related to this article Citation of Constitutional Laws Act 2005 Official copy of the act Retrieved from https en wikipedia org w index php title Citation of Constitutional Laws Act 2005 amp oldid 1034684724, wikipedia, wiki, book, books, library,