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40 No. 17678
Government Gazette, 18 December 1996
| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
Chapter 4—Parliament
(3)
The National Council of Provinces must participate in the reconsideration of a Bill that the President has referred back to the National Assembly if —(a)
the President’s reservations about the constitutionality of the Bill relate to a procedural matter that involves the Council; or(b)
section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill.(4)
If, after reconsideration, a Bill fully accommodates the President’s reservations, the President must assent to and sign the Bill; if not, the President must either —(a)
assent to and sign the Bill; or(b)
refer it to the Constitutional Court for a decision on its constitutionality.(5)
If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it.
Application by members of National Assembly to Constitutional Court
80.
(1)
Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.(2)
An application —(a)
must be supported by at least one third of the members of the National Assembly; and(b)
must be made within 30 days of the date on which the President assented to and signed the Act.(3)
The Constitutional Court may order that all or part of an Act that is the subject of an application in terms of subsection (1) has no force until the Court has decided the application if —(a)
the interests of justice require this; and(b)
the application has a reasonable prospect of success.(4)
If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.
Publication of Acts
81.
A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act.
Safekeeping of Acts of Parliament
82.
The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.
