Page:Constitution of the Republic of South Africa Second Amendment Act 2001 from Government Gazette.djvu/2

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Act No. 61, 2001

Constitution of the Republic of South Africa Second Amendment Act, 2001

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.

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(English text signed by the President.)
(Assented to 7 December 2001.)

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Act

To amend the Constitution of the Republic of South Africa, 1996, so as—

—	to provide for the introduction, only by the Cabinet member responsible for national financial matters, of certain financial legislation in the National Assembly;
—	to extend the definition of a money Bill;
—	to regulate the withholding of funds by the national treasury if organs of state commit a serious and material breach of legislation prescribing treasury norms and standards;
—	to provide that the enactment of national framework legislation governing the policies of organs of state on preferential procurement should be obligatory;
—	to provide for the enactment of national framework legislation in connection with the withdrawal of money as direct charges against a Provincial Revenue Fund and certain payments from a Provincial Revenue Fund to municipalities;
—	to reduce the number of members of the Financial and Fiscal Commission and to change the appointment procedure;
—	to make provision for provincial borrowing powers; and
—	to provide for matters connected therewith.

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

Amendment of section 73 of Act 108 of 1996

1. Section 73 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), is hereby amended—

(a)

by the substitution for subsection (2) of the following subsection:

“(2) Only a Cabinet member or a Deputy Minister, or a member or committee of the National Assembly, may introduce a Bill in the Assembly, but only the Cabinet member responsible for national financial matters may introduce the following Bills in the Assembly:

(a)

a money Bill [in the Assembly]; or

(b)

a bill which provides for legislation envisaged in section 214.”; and

(b)

by the substitution for subsection (3) of the following subsection:

“(3) A Bill referred to in section 76 (3), except [a money Bill] a bill referred to in subsection (2) (a) or (b) of this section, may be introduced in the National Council of Provinces.”.