The Final Stretch: Constitution Amendment (No. 3) Bill Enters Crucial Legislative Phase

The Final Stretch: Constitution Amendment (No. 3) Bill Enters Crucial Legislative Phase

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With the mandatory 90-day public notification period now lapsed, the Constitution Amendment (No. 3) Bill enters a decisive stage in the legislative process. The focus shifts from outreach meetings and written submissions to Parliament’s internal procedures, where the next steps determine whether the proposed changes advance under the wider “2030 Agenda”.

By late May 2026, work moves largely into committee processes. Following the end of the gazetting window and the closing of the written submissions deadline, the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs compiles and reviews public feedback. This includes oral evidence from provincial hearings and written memoranda submitted by organisations such as Veritas and Women and Law in Southern Africa (WLSA).

The committee’s report becomes the formal record of the consultation exercise and is expected to accompany the Bill as it proceeds through Parliament. At the same time, House Bill 1 of 2026 remains on the Order Paper as it awaits formal introduction and First Reading in the National Assembly.

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Once the committee report is tabled, the Bill proceeds to debate in the National Assembly and later the Senate. Because the proposal seeks to amend the Constitution, it requires more than a simple majority. The Constitution sets a threshold of a two-thirds majority in both Houses for a constitutional amendment to pass.

Commentary on the Bill focuses not only on the parliamentary arithmetic, but also on what happens after Parliament votes. A key question under discussion is whether, if passed by both Houses, the Bill goes directly for presidential assent or whether it must be put to the electorate through a national referendum.

The dispute centres on Section 328(7) of the Constitution. Legal commentators argue that where an amendment effectively extends the time a person may hold office, it cannot benefit anyone who held that office before the amendment. Critics and constitutional watchdogs say this raises the issue of whether the proposed changes can take legal effect without a referendum process.

Those supporting the Bill are expected to maintain that the drafting and legal effect of the proposal do not trigger a referendum requirement, presenting it as a lawful constitutional adjustment aligned with governance and policy continuity under Vision 2030.

As the Portfolio Committee finalises its paperwork in May, the Bill moves closer to open debate in Parliament, with the referendum question and possible court challenges emerging as central issues likely to shape the next phase of the Constitution Amendment (No. 3) process.

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