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South African Law

A guide for researching South African law

Amending the Constitution

The Constitution is an Act of Parliament and can be amended by the Parliament, but not by a simple majority vote as would be the case for ordinary legislation. Section 74(2) of the Constitution stipulates that any Bill amending any provision of the Bill of Rights must be passed by the National Assembly, with a supporting vote of at least two thirds of its members, and by the National Council of Provinces, with a supporting vote of at least six of the nine provincial delegations. To amend other sections of the Constitution, s 74(3) stipulates that the amending Bill must be passed by the National Assembly, with a supporting vote of at least two thirds of its members, and by the National Council of Provinces if the amendment affects the provinces.


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