Certification of the Amended Text of the Constitution of the Western Cape, 1997

The Western Cape Provincial Legislature adopted a provincial constitution on 21 February 1997. On 2 September 1997, the Constitutional Court declined to certify the entire text because certain provisions did not comply with section 143 of the Constitution of the Republic of South Africa, 1996. In response, the Provincial Legislature passed an amended constitutional text on 11 September 1997 by the required two‑thirds majority. The amended text was submitted to the Constitutional Court for certification in terms of section 144. Interested parties, including the national government and political parties represented in the provincial legislature, were invited to make representations, but no objections were raised. The amendments addressed all provisions previously found non‑compliant, and included one additional amendment concerning the composition of the provincial cabinet during a transitional period.

The Constitutional Court certified that the entire amended text of the Constitution of the Western Cape, 1997, as passed on 11 September 1997, complies with section 143 of the Constitution of the Republic of South Africa, 1996.

This case confirms the Constitutional Court’s supervisory role in certifying provincial constitutions and clarifies the scope of permissible divergence by provinces under section 143. It illustrates how provincial autonomy is balanced with constitutional supremacy and demonstrates the corrective certification process following an initial refusal.