Thirteenth Amendment of the Constitution of South Africa

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Constitution Thirteenth Amendment Act of 2007
Parliament of South Africa
Long title
  • Act to amend the Constitution of the Republic of South Africa, 1996, so as to correct invalid provisions inserted into the Constitution; and to provide for matters connected therewith.
Enacted by
Constitution of the Republic of South Africa, 1996
Related legislation
Twelfth Amendment

The Thirteenth Amendment of the Constitution of South Africa (formally the Constitution Thirteenth Amendment Act of 2007) re-enacted provisions of the Twelfth Amendment which the Constitutional Court ruled had not been validly enacted. These provisions transferred the Matatiele Local Municipality from KwaZulu-Natal province to the Eastern Cape province.

The Twelfth Amendment had redefined all provincial boundaries and consequently transferred many areas from one province to another. The community of

municipal elections of 1 March 2006
were invalidated in the affected area, suspended its order for eighteen months.

Parliament did indeed re-enact the provisions transferring Matatiele to the Eastern Cape, as the Thirteenth Amendment. In form, the amendment substitutes the sections of Schedule 1A to the Constitution that define the areas of the Eastern Cape and KwaZulu-Natal. The National Assembly passed the bill for the amendment on 20 September 2007 with 269 votes in favour.[3] After the provincial consultation process the National Council of Provinces passed it on 22 November with all nine provinces voting in favour.[4] The act was signed by President Thabo Mbeki on 13 December, and was published and came into force on the following day.

References

  1. ^ Matatiele Municipality and Others v President of the Republic of South Africa and Others [2006] ZACC 12, 2007 (1) BCLR 47 (CC) (18 August 2006), Constitutional Court (South Africa)
  2. ^ Msomi, Sibonelo (18 August 2006). "Matatiele redemarcation invalid". The Witness. Retrieved 28 August 2011.
  3. ^ "Constitution Thirteenth Amendment Bill (Second Reading debate)". Parliamentary Debates (Hansard). Republic of South Africa: National Assembly. 20 September 2007. p. 45. Retrieved 16 May 2020.
  4. ^ "Constitution Thirteenth Amendment Bill; Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (Consideration of Bills and of Report thereon)". Parliamentary Debates (Hansard). Republic of South Africa: National Council of Provinces. 22 November 2007. p. 152. Retrieved 16 May 2020.
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