The Constitution 17th Amendment Bill (the
"Bill") was adopted by the National
Assembly on Tuesday 20 November 2012, by 276 votes to 25.
Before the Bill comes into operation it must still be referred to
the President of South Africa for assent and then published in the
Government Gazette.
The amendments to the Constitution of the Republic of South
Africa, No. 108 of 1996 (the
"Constitution") contained in the Bill
are far reaching and will likely have a significant effect on the
entire legal system in South Africa.
There are also specific amendments to the appellate regime in
competition and labour matters. In this regard, the Bill
removes the jurisdiction of the Supreme Court of Appeal (the
"SCA") to hear reviews and appeals from
the Competition Appeal Court (the "CAC")
and the Labour Appeal Court (the
"LAC").