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Changing or Amending the South African Constitution

The Constitution is much more difficult to change than other laws.

Section 74 of the Constitution says that if parliament wants to change the Constitution then:

  • At least two-thirds (66%) of the members of parliament must vote to change it and
  • at least 6 provinces in the National Council of Provinces must vote to change it

(See: National Council of Provinces)

Section 1 of the Constitution says that South Africa is one sovereign, democratic state founded on values of human dignity, equality, human rights and freedoms. It also says that the Constitution is supreme and that there must be regular, free and fair elections where everyone can vote.

If parliament wants to change Section 1 or Section 74 then:

  • At least 75% of the members of parliament must vote to change it, and
  • at least 6 provinces in the National Council of Provinces must vote to change it

(Read Section 74 of the Constitution)