Page:Constitution of the Republic of South Africa Amendment Act 1994 from Government Gazette.djvu/2

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Government Gazette, 3 March 1994
No. 15550 3

Constitution of the Republic of South Africa Amendment Act, 1994 Act No. 2, 1994

General explanatory note:

[                      ]  Words in bold type in square brackets indicate omissions from existing enactments.
                          Words underlined with a solid line indicate insertions in existing enactments.





Act


To amend the Constitution of the Republic of South Africa, 1993, so as to change the name of the province of Natal to “KwaZulu/Natal”; to extend the legislative powers of provincial legislatures; to further regulate the financial and fiscal affairs of the provinces to ensure greater provincial powers; to provide that provinces may adopt constitutions in terms of which legislative and executive structures and procedures may differ from those provided for in the Constitution; to provide for the establishment of a Volkstaat Council and to set out its functions; to make provision for separate ballot papers in respect of the election for the National Assembly and for the provincial legislatures; to provide for the entrenchment of the boundaries and the powers and functions of the provinces; and to authorise constitutional provision for communities sharing a common cultural and language heritage to exercise a form of self-determination; and to provide for matters in connection therewith.



(English text signed by the State President.)
(Assented to 2 March 1994.)



Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:—


Amendment of section 124 of Act 200 of 1993

1. Section 124 of the Constitution of the Republic of South Africa, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the name “Natal”, wherever it occurs, of the name “KwaZulu/Natal”.


Amendment of section 126 of Act 200 of 1993

2. Section 126 of the principal Act is hereby amended—

(a)

by the substitution for subsection (1) of the following subsection:

“(1) A provincial legislature shall be competent, subject to subsections (3) and (4), [have concurrent competence with Parliament] to make laws for the province with regard to all matters which fall within the functional areas specified in Schedule 6.”;

(b)

by the insertion after subsection (2) of the following subsection:

(2A) Parliament shall be competent, subject to subsections (3) and (4), to make laws with regard to matters referred to in subsections (1) and (2).”; and

(c)

by the substitution for subsection (3) of the following subsection:
“(3) [An Act of Parliament which deals with a matter referred to