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y of south africa chapter 8 establishes the structure of the judicial system it defines the hierarchy consisting of magistrates courts the high court the supreme court of appeal and the constitutional court it provides for the appointment of judges by the president on the advice of the judicial service commission and establishes a single national prosecuting authority responsible for all criminal prosecutions 15 chapter 9 state institutions supporting constitutional democracy edit see also chapter nine institutions chapter 9 creates a number of other commissions and offices to protect and support democracy and human rights these are the public protector an ombudsman the south african human rights commission the commission for the promotion and protection of the rights of cultural religious and linguistic communities the commission for gender equality the auditor general the independent electoral commission and the independent communications authority chapter 10 public administration edit chapter 10 lists values and principles for the administration of the civil service and establishes the public service commission to oversee it chapter 11 security services edit main articles south african national defence force south african police service and state security agency south africa chapter 11 establishes structures for civilian control of the defence force the police service and the intelligence services it makes the president the commander in chief of the defence force but places conditions on when and how it may be employed and requires regular reports to parliament the police service is placed under the control of the national government but gives provincial governments some power to administer and oversee policing chapter 12 traditional leaders edit chapter 12 recognizes the status and authority of traditional leaders and customary law subject to the constitution it allows for the creation of provincial houses of traditional leaders and a national council of traditional leaders the traditional leaders must have responsibilities in affairs and decision making of the municipality in order to build proper sustainable development to the people that resides on that municipality because we have traditional leaders that do not have daily duties day in and day out in short they must be part of mayoral council chapter 13 finance edit chapter 13 deals with public finance it establishes a national revenue fund from which money may be appropriated only by an act of parliament and provincial revenue funds from which money may only be appropriated by an act of the provincial legislature it provides for an equitable distribution of national revenue to the provinces and municipalities and grants provincial and local governments the powers to raise certain rates and taxes it requires effective and transparent budgeting at all levels of government and gives the national treasury the power to oversee budgetary processes it places some restrictions on government procurement and government borrowing the chapter establishes the financial and fiscal commission to advise government on financial matters and the reserve bank to oversee the currency economist jacques jonker has criticised the provisions of chapter 13 as being insufficient to guard against fiscal imprudence and has suggested that it be amended in line with other constitutions such as that of spain in order to enforce fiscal discipline 16 17 chapter 14 general provisions edit the final chapter deals with transitional and incidental provisions in particular the first part deals with international law providing that existing agreements binding south africa will continue to bind it and that new agreements except those of a technical nature will only be binding once approved by parliament it also provides that customary international law applies in south africa unless it conflicts with national law and that the courts must where possible interpret national law to be consistent with international law the remainder of the chapter contains a miscellaneous collection of provisions allowing parliament to enact charters of rights which expand on the bill of rights allowing recognition of the right of self determination of communities within south africa requiring public funding for political parties represented in national and provincial legislatures requiring that obligations imposed by the constitution be carried out without delay providing that some executive powers may be delegated by one organ of state to another defining certain terms used in the text of the constitution and as the constitution is published in all eleven official languages providing that the english text is authoritative in the event of a conflict chapter 14 also repeals the interim constitution and refers to schedule 6 to govern the process of transition to the new constitution finally it gives the constitution its formal title constitution of the republic of south africa 1996 and defines the schedule for its commencement under which the president set the date of commencement for most sections although certain sections dealing with financial matters commenced only on 1 january 1998 schedules edit schedule 1 referred to in chapter 1 describes the national flag 18 schedule 1a referred to in chapter 6 defines the geographical areas of the provinces by reference to maps published by the municipal demarcation board defining the metropolitan and district municipalities 19 schedule 2 contains the texts of the oaths or solemn affirmations to be sworn by political office holders and judges 20 schedule 3 describes the procedure for the election of the president by the national assembly and the election of presiding officers by legislative bodies as well as the formula whereby seats in the national council of provinces are to be allocated to political parties 21 schedule 4 lists the functional areas over which parliament and the provincial legislatures have concurrent competence to legislate 22 schedule 5 lists the functional areas over which the provincial legislatures have exclusive competence to legislate 23 schedule 6 details the transitional arrangements by which institutions existing under the previous constitution were converted into the institutions established by the new constitution it provides for the continuation of existing laws and the assignment of their administration to the provincial governments where appropriate it also provides for certain sections of the old constitution to continue in force despite its repeal and subject to amendments listed in the schedule it also includes temporary amendments to the constitution s own text which allowed the government of national unity to continue until the 1999 election 24 schedule 7 lists the laws repealed by the new constitution these being the interim constitution and the ten amendments made to it 25 amendments edit section 74 of the constitution provides that a bill to amend the constitution can only be passed if at least two thirds of the members of the national assembly that is at least 267 of the 400 members vote in favour of it if the amendment affects provincial powers or boundaries or if it amends the bill of rights at least six of the nine provinces in the national council of provinces must also vote for it to amend section 1 of the constitution which establishes the existence of south africa as a sovereign democratic state and lays out the country s founding values would require the support of three quarters of the members of the national assembly there have been eighteen amendments since 1996 first amendment edit main article first amendment of the constitution of south africa the constitution first amendment act formerly the constitution of the republic of south africa amendment act 1997 was signed by the president on 28 august 1997 but had effect retroactively to 4 february 1997 when the constitution came into force it had three provisions to provide that a person who serves as acting president of the republic more than once during a single presidential term only has to swear the oath of office the first time that they become acting president to allow the president of the constitutional court to designate another judge to administer the oath of office to the president or acting president rather than administering it personally to extend the cut off date for actions for which amnesty could be granted by the truth and reconciliation commission changing it from 6 december 1993 to 11 may 1994 this last change allowed the trc to deal with various violent events particularly the bophuthatswana coup d état and its aftermath that had occurred in the run up to the 1994 general elections second amendment edit main article second amendment of the constitution of south africa the constitution second amendment act formerly the constitution of the republic of south africa amendment act 1998 came into force on 7 october 1998 it had five provisions to extend the term of office of municipal councils from four years to five years to extend certain deadlines in the process of transition to the post apartheid system of local government to allow for the designation of alternates to replace members of the judicial service commission to give parliament the ability to assign additional powers or functions to the public service commission to rename the human rights commission to the south african human rights commission third amendment edit main article third amendment of the constitution of south africa the constitution third amendment act formerly the constitution of the republic of south africa second amendment act 1998 came into force on 30 october 1998 it allowed for municipalities to be established across provincial boundaries by the agreement of the national and the relevant provincial governments the changes it made were reversed in 2005 by the twelfth amendment fourth and fifth amendments edit main articles fourth amendment of the constitution of south africa and fifth amendment of the constitution of south africa the constitution fourth amendment act and constitution fifth amendment act formerly the constitution of the republic of south africa amendment act 1999 and constitution of the republic of south africa second amendment act 1999 came into force on 19 march 1999 they were passed as two separate amendments because the fourth contained provisions affecting provincial government which required the approval of the national council of provinces while the fifth did not the fourth amendment clarified that elections to the provincial legislatures may be called either before or after the term of office of the previous legislature has expired modified the formula for the allocation of delegates seats to parties in the national council of provinces the fifth amendment clarified that elections to the national assembly may be called either before or after the term of office of the previous assembly has expired allowed the chairperson and deputy chairperson of the financial and fiscal commission to be part time members sixth amendment edit main article sixth amendment of the constitution of south africa the constitution sixth amendment act formerly the constitution of the republic of south africa amendment act 2001 came into force on 21 november 2001 its main effect was to give the title of chief justice of south africa to the presiding judge of the constitutional court of south africa who had previously been titled president of the constitutional court the presiding judge of the supreme court of appeal sca who had previously had the title of chief justice became instead president of the supreme court of appeal the deputy heads of each court were also renamed similarly consequentially many provisions of the constitution had to be amended where they made reference to the president of the constitutional court these changes were intended to clarify the structure of the south african judiciary previously the president of the constitutional court was responsible for various constitutional responsibilities such as calling the first session of parliament after an election and presiding over the election of the president of the republic at that session while the chief justice was responsible for judicial administration including for example chairing the judicial service commission these responsibilities were merged into a single post reflecting the pre eminence of the constitutional court at the apex of the court system other provisions of the amendment allowed the term of office of a constitutional court judge usually twelve years or until the judge reaches the age of seventy whichever is shorter to be extended by an act of parliament allowed the president to appoint two deputy ministers from outside the national assembly where previously deputy ministers had to be members of the assembly allowed municipal councils to bind the authority of future successor councils as security for a loan seventh amendment edit main article seventh amendment of the constitution of south africa the constitution seventh amendment act formerly the constitution of the republic of south africa second amendment act 2001 came into force on 26 april 2002 except for provisions affecting the financial and fiscal commission which came into force on 1 december 2003 it made various amendments to provisions affecting the financial management of national and provincial government including an extension of what is considered a money bill in the national parliament and the provincial legislatures requiring that division of revenue bills bills dividing revenue between national provincial and local government can only be introduced to parliament by the minister of finance reducing the size of the financial and fiscal commission from 22 members to nine members by reducing the number of members chosen by the president from nine to two and by replacing the nine members chosen by the nine provinces individually with three members chosen by the provinces collectively modifying the mechanisms whereby the national government can control the financial practices of the provincial governments eighth ninth and tenth amendments edit main articles eighth amendment of the constitution of south africa ninth amendment of the constitution of south africa and tenth amendment of the constitution of south africa further information floor crossing south africa these amendments allowed legislators to cross the floor that is to resign from their political party and join a different party or form a new party without losing their elected position this was not originally allowed because south african elections are based on party list proportional representation in which voters choose a political party rather than an individual candidate floor crossing therefore means that the composition of the elected bodies no longer represents the preferences of voters the eighth and ninth amendments came into force on 20 june 2002 as did an ordinary a...