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

On 2 September 1997, the Constitutional Court declined to certify the constitutional text of the Constitution of the Western Cape, 1997 (passed by the Western Cape legislature on 21 February 1997), in respect of a limited number of provisions that failed to comply with section 143 of the Constitution. On 11 September 1997, the Western Cape legislature passed an amended text by a majority of at least two thirds of its members as required by section 142. The Speaker submitted this amended text to the Constitutional Court for certification in terms of section 144. The Government of the Republic of South Africa and political parties represented in the provincial legislature were given an opportunity to make representations, and no objections were raised to certification.

• Whether the amended text of the Constitution of the Western Cape, 1997 complied with section 143 of the Constitution
• Whether amendments to the provisions previously identified as non-compliant now satisfied constitutional requirements
• Whether amendments to Annexure A dealing with provincial cabinet composition complied with section 143

The Constitutional Court certified that the whole of the amended constitutional text of the Constitution of the Western Cape, 1997, as passed by the provincial legislature on 11 September 1997, complied with section 143 of the Constitution.

Provincial constitutions and constitutional amendments must comply with section 143 of the Constitution. Provisions dealing with provincial executive structures must comply with the values in section 1 and Chapter 3 of the Constitution, but save for these requirements, they do not have to be consistent with other provisions of the national Constitution. Where a provincial legislature amends its constitutional text to address deficiencies identified by the Constitutional Court in a certification judgment, the Court will assess whether the amended provisions now comply with constitutional requirements.

The Court noted that the only alteration to the previous text not occasioned by the Court's earlier judgment was an amendment to Annexure A dealing with the composition of the provincial cabinet during the transitional period. While the Court confirmed these provisions relating to executive structures must comply with section 1 values and Chapter 3, the Court's observation about what such provisions need not comply with (i.e., other constitutional provisions) provides guidance for future provincial constitutional drafting beyond the specific facts of this case.

This case is significant in South African constitutional law as it demonstrates the certification process for provincial constitutions under the 1996 Constitution. It illustrates the Constitutional Court's supervisory role in ensuring provincial constitutions comply with the national Constitution, particularly section 143 requirements. The case also shows the cooperative constitutional process whereby provincial legislatures can amend their constitutional texts following Court guidance and resubmit for certification. It establishes precedent for the standards applicable to provincial executive structures, confirming they must comply with section 1 values and Chapter 3, but may otherwise differ from national structures.