Constitutional Law

Constitutional Amendment

The Constitution can be amended, but the process is deliberately difficult — requiring two-thirds or higher supermajority votes in Parliament. The Bill of Rights requires a 75% vote.

Legal Definition

Section 74 of the Constitution governs amendments. A Bill of Rights amendment requires a 75% majority in the National Assembly and six provinces in the NCOP. Other constitutional provisions require a two-thirds majority. The founding provisions (s1 — democratic values, separation of powers) require 75%.

📖 Constitutional / Statutory Basis: Section 74, Constitution of the Republic of South Africa, 1996

Practical Example

Parliament sought to amend s25 to explicitly allow expropriation without compensation. This required a two-thirds majority in the NA and 6 of 9 provinces in the NCOP. In 2022, the vote narrowly failed to reach the required majority.

Frequently Asked Questions

Can the Constitution be amended to remove rights?

Technically possible with the required supermajority, but the Constitutional Court could potentially strike down an amendment that violates founding constitutional values.

Who can propose a constitutional amendment?

Only a member of the National Assembly or a provincial legislature can introduce a constitutional amendment Bill.

Can the public participate in constitutional amendments?

Yes. Parliament must facilitate public involvement before passing a constitutional amendment — s59 requires meaningful public participation.

Related Terms

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