Constitution of the Republic of South Africa

10. Everyone has inherent dignity and the right to have their dignity ·' respected and protected. Life 11. · Everyone has the right to life. Freedom and security of the person 12. (1) Everyone has the right to freedom and ·security of the person, which includes the right-· (a) not to be deprived of freedom arbitrarily or without just cause; · (b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources; (d) nouo be tortured in any way; and (e) noi: to be treated or pUI1ished in·a cruel, inhuman or degrading way. (2) Everyone has the right to bodily and psychological integrity, which includes the right- . (a). to make decisions concerning reproduction; (b) to security in and control over their body; and (c) not to be subjected to medical or scientific experintents without their informed consent. Slavery, servitude and forced labour

13. No one may be subjected to slavery, servitude or forced labour. . Privacy

14. Everyone has the right to privacy, which includes the right not to have their person or home searched; (a) (b) their property searched; (c) (d) the privacy of their communications infringed. their possessions seized; or GOVERNMENT GAZEITE, 18 DECEMBER 1996 No. 17678 9 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 2 - Bill of Rights Freedom of religion, belief and opinion 15. (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion. (2) Religious observances may be conducted at state or state·aided institutions, provided that - (a) those observances follow rules made by the appropriate public authorities; (b) they are conducted on an equita.ble basis; and (c) attendance at them is free and voluntary. . (3) (a) This section does not prevent legislation recognising- ~ ' . . - - . . (i) marriages concluded under :my tradition, or a system of (ii) religious, personal or family law; or · systems of personal and family law under any tradition, or adhered to by perso~s· professing' a pani~ular r~ligion. (b) Recognition in terms of paragra~h (a) must be consistent with · this section and the other provisions of the Constitution. l... Freedom of expression 16. (1) Everyone has the right to freedom of expression, which includes (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of anistic creativity; arid (d) academic freedom and freedom of scientific research. (2) The right in subsection (1) does not extend to (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. Assembly, demonstration, picket and petition

17. Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. Freedom of association 18. . Everyone has the right to freedom of association. Political rights 19. · (1) Every citizen is free to make political choices, which includes the right- (a) (b) to participate in the activities of, or recruit members for, a to form a political party; political party; and to campaign for a political party or cause. (c) (2) Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution. (3) Every adult citizen has the right- (a) to vote in elections for any legislative body established in 10 No. 17678 GOVERNMENT GAZETIE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 2 - Bill of Rights terms of the Constitution, alld to do so in secret; and (b): to stand for public office and, if elected, to hold office. Citizenship

20. No citizen ·may be deprived of citizenship. Freedom of movement and residence 21. (1) Everyone has the right to freedom of movement. (2) Everyone has the right to leave the Republic. (3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. ( 4) Every citizen has the right to a passport. Freedom of trade, occupation and profession

22. Every citizen has the right to choose their trade, occupation or profession fr~ely. The practice of a trade, occupation o~ profession may be regula ted by Ia w. Labour relations 23. (1) Everyone has the right to fair labour practices. (2) Every worker has the right- to form and join a trade union; (a) (b) to participate in the activities and programmes of a trade union; and to strike. (c) (3) Every employer has the right- (a) to form and join an employers'. organisation; and (b) to participate in the activities and programmes of an employers' organisation. (4) Every trade union and every employers' organisation has the fight (a) to detetrnine its own administration, programmes and activities; (b) to organise; and (c) to form and join a federation. (5) Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may .. be enacted to regulate collective bargaining. To the exte~t that the legislation may !unit a right in this Chapter, the limitation must comply with section 36(1). ( 6) National legislation may recognise union securiry arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1). Environment

24. Everyone has the right- (a) ·to an environment that is not hartnful to their health or well- GOVERNMENTGAZETIE,18 DECEMBER 1996 CONSTI1UTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 No. 17678 11 Act No. 108, 1996 Chapter 2 - Bill of Rights being; and prevent pollution and ecological degradation; (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that - (i) (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. Property 25. (1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. (2) Property may be expropriated only in terms of law of general application-. (a). for a public purpose or in the public interest; and (b) · subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. (3) The amount of the compensation and the. time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including (a) (b). th~ history of the acquisition and use of the property; the current use of the property; . (c) the market value of the property; (d) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation. (e) (4) For the purposes of this section- (a) the public interest includes the nation's colnrnirrnent to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and (b) property is not limited to land. ' (5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis. ( 6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress. (7) A person or community dispossessed of property after 19 June 19l3 as a result of past racially discriininatory laws or practices is . . ' 12 No. 17678 Act No. 108, 1996 GOVERNMENT GAZEITE, 18 DECEMBER 1996 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 2 - Bill of Rights entitled, to the extent provided. by an Act of Parliament, either to restitution of that property or to equitable redress. (8) No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1). (9) Parliament must enact the legislation referred to in subsection ( 6). Housing 26. (1) Everyone has the right to have access to adequate housing. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. (3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all ·the relevant circumstances. No legislation may permit arbitrary evictions. Health care, food, water and social security 27. (1) Everyone has the right to have access to- (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including; if they are unable to support themselves .. and their dependants, appropriate social assistance. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation . of each of these rights. (3) No one may be refused emergency medical treatment. Children 28. . (1) Every child has the right- (a) (b) (c) to a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment; to basic nutrition, shelter, basic health care services and social · services; (d) to be protected from maltreatment, neglect, abuse or degradation; to be protected from exploitative labour practices; (e) , (f) not to be required or permitted to perform work or provide services that - (i) are inappropriate for a person of that child's age; or (ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development; (g) not to be detained except as a measure of last resort, in which , GOVERNMENT GAZElTE, 18 DECEMBER 1996 No. 17678 13 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 2 - Bill of Rights case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be- (i) kept separately from detained persons over the age of 18 years; and treated in a manner, and kept in conditions, that take account of the child's age; (ii) (h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and (i) not to be used directly in arin.ed conflict, and to be protected in times of armed conflict. (2) A child's best interests are of paramount importance in every matter concerning the child; (3) In this section "child" means a person under. the age of 18 years. Education . 29. (1) Everyone has the right- to a basic education, including adult basic education; and (a) (b) to further education, which the state, through reasonable measures, must make progressively available and accessible.· ,. (2) Everyone has the right to receive education in the official language or languages of their choice in pubiic ed~cational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account - .. (a) . equity; . (b) practicability; and . (c). the need to redress the results of past racially discriminatory laws and practices .. (3) Everyone has the right to establish and maintain, at their own expense, independent educational institutions that:::. (a) do not discriminateon the basis of ra~e; (b) are registered with the state; and (c) "inaintain standards that are not inferior to standards' at . I ' ' - - comparabl~ p~blic -educational institutions. (4) Subsection (3) does not preclude state subsidies fo~ independent educational institutions. Language and culture

30. Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights. 14 No. 17678 GOVERNMENT GAZETTE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITimON OF THE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 2 - Bill of Rights Cultural, religious and linguistic communities 31. (1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community- ( a) to enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society. (b) (2) The rights in subsection (1) may not be exe.rcised in a manner inconsistent with any provision of the Bill of Rights. Access to information 32. (1) Everyone has the right of access to- (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and fmancial burden on the state. Just administrative action 33. (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally faiL (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. · (3) National legislation must be enacted togive effect to these rights, andmust- (a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; impose a duty on the state to give effeCt: to the rights in subsections (1) and (2); and (b) (c) promote an efficient administration. Access to courtS

34. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. Arrested, detained and accused persons 35. (1) Everyone who is arrested for allegedly committing an offence has the right- (a) (b) to remain silent; to be informed promptly- (i) · of the right to remain silent; and (ii) of the consequences of not remaining silent; (c) not to be compelled to make any confession or admission that GOVERNMENT GAZE'ITE, 18 DECEMBER 1996 No. 17678 15 CONSTJTlTI10N OF TilE REFUBUC OF SOUTii AFRICA. 1996 Act No. 108, 1996 Chapter 2 - Bill of Rights could be used in evidence against that person; · , . (d) to be brought before a court as soon as reasonably possible, but not later than - (i) .. 48 hours after the arrest; or .. · (ii) the end of the first court day after the expiry of the 48 ·hours, if the 48 hours expire outside ordinary court . ·hours or on ·a day which is not an ordinary court day; · (e) at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and to be released from detention if the interests of justice permit, subject to reasonable conditions. (f) · (2) ·Everyone who is detained, iflduduig every sentenced prisoner, has · the righ~ - · (a) to be informed promptly of the reason for being detained; (b) to choose, and to consult with, a legal practitioner, and to be (c) informed of this right promptly; to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; to cltallenge the lawfulness of the d~tention in person before a c~urt and, if the detention is imlawful, t~ be. released; (e). to conditions of detention that are consistent with human (d) ' ' . dignity, including at least exercise and the provision, at state expense; of adequate accommodation, nutrit!on, reading·· ... material and mediCal treatment; and· (f) . to communicate with, and be visited by, that person's- spouse or partner; (i) , (ii) next of kin; (iii) cltosen religious counsellor; and · (iv) chosen medical practitioner. , . . .. .... (3) ·Every accused person has a right to a fair trial, whicli includes the right- (a) to be informed of the charge with sufficient detail to answer it; . ' ' . (b) to have adequate time and facilities to prepare a defence; to a public trial before an ordinary court; (c) (d) to have their trial begin and conclude without unreasonable : : . (e) (f) delay; to be present when being tried; to cltoose, and be represented by, a legal practitioner, and to be informed of this right promptly; to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; (h) to be presumed innocent, to remain silent, and notto testify (g) during the proceedings; 16 No. 17678 GOVERNMENT GAZEITE,18 DECEMBER 1996 Act No. 108, 1996 CONSTITUTION OF THE REPUBUC OF SOIJlli AFRICA, 1996 Chapter 2 - Bill of Rights (i) to adduce and challenge evidence; · (j) not to be compelled to give self-incriminating evidence; (k) to be tried in a language that the accused person understands or, if that is not practicable; to have the proceedings interpreted in that language; ·(I) · not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted; . (m) not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted; · (n) to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and . (o) . of appeal to, or review by, a higher court. ( 4) Whenever this section requires information to be given to a . person, that information must be given in a language that the person understands .. (5) Evidence obtained iri a manner that violat~s any right in the Bill of Rights must be exclud~d if the admission of that'i:~idence would · render the trial unfair or otherwise be detrimental to the '. administration of justice. Limitation of rights · 36. (1) The rights in the Bill of Rights may be limited only in terms of law . of general application to the extent that the limitation is reasonable and justifiable in an 'open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including - the nature of the right; (a) .. (b), the importance of the purpose of the limitation; the nature and extent of the limitation; (c) . (d) the relation between the Jimitation and its purpose; and (e) less restrictive means to achieve the purpose •. (2) Except as provided in subsection (1) or in any other provision of . the Constitution, no law rna y limit any right entrenched in the Bill ofRights.' · · · .. , States of emergency 37. · (1) A state of emergency may be declared only in tenns of an Act of .· Parliament, and only when - (a) the life of the nation is threatened by war, invasion, general . insurrection, disorder, natural disaster or other public emergency; and (b) the declaration is necessary to restore peace and order. , .:: , ' GOVERNMENTGAZETI'E, 18 DECEMBER 1996 No. 17678 17 CONSTITIIT10N OF Tiffi REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 2 - Bill of Rights (2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of that declaratioll, may be . effective only- (a) prospectively; and (b) for no more thanil days from the date of the declaration, unless the National Assembly resolves to extend the declaration. The Assembly may extend a declaration of a state. of emergency for no more than three months at a time. The •.. ' first extension of the state of eme;gency must be .by a . resolution adopted with a supporting vote of a majority of the members of the Assembly. Any subsequent extension must be by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Assembly. A resolution in terms of this p.3:ragraph may be adopted only following a · public debate in the Assembly. (3) Any coml'etent court may decide on the validity of (a) a declaration of a state ofemergency; . . (b). any extension of a declaration of a state of emergency; or (c) any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency. i . . (4) Any legislation enacted in consequence of a declaration of a state of emergency may derogate from the Bill of Rights only to the extent that - (a) (b) the legislation- the derogation is strictly required by the emergency; and (i) is consistent with the Republic's obligations. under international law applicable to ·states of emergency; (ii) conforms to subsection (5); and (iii) is published in the national Government Gazette as soon as rearo.nably possible after being e.nacted. (5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration, may permit or authorise - (a) indemnifying the state, or any person, in respect of any unlawful act; • (b) any derogation from this section; or (c) any derogation from a section mentioned in colunm 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in colunm 3 of the Table. 18 No. 17678 GOVERNMENT GAZETIE, IS DECEMBER 1996 Act No. 108, 199.6 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRJCA.I996 Chapter 2 ..;. Bill of Rights , ,, Table.of Non-Derogable Rights 1 Section number .. . . 2 Section title 9 10 11 12 . 13 28 35 Equality ' .. Hum an dignity . Life Freedom and security . of the person · · • Slavery~ servitude and . farced abaur Children . ·• ' Arrested, detained and accused persons. . . · .. . . ; . . ' 3 Extent to which the right is non·derogable . With respect to unfair discrimination'solely on the grounds of race, colour, ethnic or social origin, sex, reliqion or lanquaae. . . Entirely .· . Entirely With respect to subsections (I )(d) and lei and (2){c). With respect to slavery and servitude · · · · With respect to: - subsection (I )(d) and (e)· - the rights in subf:ara~rapbs (i) and (ii) of . subsection (I )(g ; an - subsection (I )(i) in respect of children of IS years and younger. · . With respect to: . · ' -subsections (l)(a), (b) and (c) and (2)(d); -the rights in paragraphs (a) to (o) of subsection (3), excluaing paragraph (d); -subsection (41; and . -subsection (5) with resfectto the exclusion of evidence i the admission of that evidence would render the trial unfair . . ( 6) Whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must. be observed: . (a) An adult family member or friend of the detainee must be 1 • --, - • contacted a·s soon as reasonably possible, and informed that the pe.rson has been detained. . · . (b) A notice must be published in the national Government ·Gazette within_ fiv~ days of the person. being detained, stating the detainee's name arid place of detention and referring to · the emergency measure in temi.s of which that person has been detained. · .. · · :; ; (c) · The detainee inust be allowed to choose, and be visited at any 'reasonable time by, a medical practitioner. (d) The detainee must be allowed to choose, and be visited at any reasonable ·time by, a legal representative. f _,' (e) A court must review the detention as soon as reasonably pos.sible, but no later than 10 days after the date the person was detained, and the court must release the detainee unless it is necessary to continue the detention to restore peace and order. (f) A detainee who is not released in terms of a review under paragraph (e), or who is not released in terms of a review under this paragraph, may apply to a court for a further review of the detention at any time after 10 days have passed since the previous review, and the court must release the GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 19 CONSTITUTION OF Tiffi REPUBLIC OF SOUTII AFRICA, I 996 . Act No. 108, 1996 Chapter 2 - Bill of Rights detainee unless it is still necessary to continue the detention to restore peace and order. (g) The detainee must be allowed to appear in person before any court considering the detention, to be represented by a legal practitioner at those hearings, and to make representations against continued detention. (h) The state must present written reasons to the court to justify the continued detention of the detainee, and must give a copy of those reasons to the detainee at least two days before the court reviews the detention. (7) If a court releases a detainee, that person may not be detained again on the same grounds unless the state first shows a court good cause for re-detaining that person. (8) Subsections (6) and (7) do not apply to persons who are not South African citizens and who are detained in consequence of an international armed conflict. Instead, the state must comply with the standards binding on the Republic under international humanitarian law in respect of the detention of such persons. Enforcement of rights

38. Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are- (a) anyone acting in their own interest; (b) anyone acting on behalf of another person who cannot act in their own name; (c) anyone acting as a member of, or in the interest of, a group or class of persons; (d) anyone acting in the public interest; and (e) an association acting in the interest of its members. Interpretation of Bill of Rights 39. (1) When interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. (3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. 20 No.l7678 GOVERNMENTGAZEITE,18 DECEMBER.I996 Act No. 108, 1996 CONSTITIJTION OF THE REPUBUC OF SOUTH AFRICA, 1996 · Chapter 2 - Bill of Rights . ' ' . ' ,._ / .. , ,-,_, .· ' . . ; . ! GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 21 CONSTITUTION OF THE REPUBUC OF SOU11I AFRICA, 1996 Act No. 108, 1996 . Chapter 3 - Co-operative Government Cha .,ter'3 .P .... , ' Co-operative Governm~nt Government of the Republic· 40. (1) In the Republic, government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated. (2) All spheres of government must observe and adhere to the principles in this Chapter and must conduct their activities within the parameters that the Chapter provides. Principles of co-operative government and intergovernmental relations 41. (1) All spheres of government and all organs of state within each· sphere must - (a) preserve the peace, national unity and the indivisibility of the Republic; (b) secure the well-being of the people of the Republic; (c) provide effective, transparent, accountable and coherent government for the Republic as a whole; (d) be loyal to the Constitution, the Republic and its people; (e) respect the constitutional status, institutions, powers and functions of government in the other spheres; (f) not assume any power or function except those conferred on them in terms of the Constitution; (g) exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere; and (h) co-operate with one another in mutual trust and good faith by fostering friendly relations; (i) (ii) . assisring and supporting one another; (iii) informing one another of, and consulting one another on, matters of common interest; (iv) co-ordinating their actions and legislation with one another; (v) adhering to agreed procedures; and (vi) avoiding legal proceedings against one another. (2) An Act of Parliament must - (a) establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and 22 No.17678 GOVERNMENTGAZETTa18DECEMBER1~6 Act No; 108, 1~6 CONSTITUTION OF THE REPUBUC OF SOUTH AFRICA, 1996 Chapter 3 - Co-operative Government (b) provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes. . . . . (3) An organ of state i~vol~ed in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of . mechanisms and procedures provided for that purpose, and must :exhaust all other remedies before it approaches a court to resolve the dispute. (4) If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute ba~k to the organs of state involved. : ~ . - - ''-, - ; - ' . ::7 ;·· .! . ,_. . ' i ; ' . ' . ·. ' ; . . . ~ .. ·' GOVERNMENT GAZETTE, 18 DECEMBER 1996 - No. 17678 23 CONSliTUTION OF TifE REPUBLIC OF SOUTII AFRICA, 1996 Act No. 108, 1996 _Chapter 4- Parliament Chapter.4 Parliament Composition of Parliament · 42. (1) Parliament consists of- (a)' the National Assembly; and (b) the National Council of Provinces. · • (2) The National Assembly and the National Coimcil of Provinces ·.participate in th~- legislative process in the m~nD.er' set out in the Constim'tion." - · · . . . . · · - . . ' . · · · .,. .'. -: . ,- ,• (3) _ !Jle Natio~al Assembly is eleCied to represent the people and to ensure government by the people under the Constitution. It does this by ch~osm:g ilie President, by p;oviding,a natioiuil forum for public consideration of issues, by passing legisl~tion a~d by scrutinizing and oversedrig exe~uti~e action. . . . . . - - . . . - . -- (4) The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces. - _ (5) The President may summon Parliam~nt to an extraordinary sitting -at any time to conduct special business; .. (6). The seat of Parliament is Cape Town, but· a~ Act of Parliament enacted in accordance with seCtio-n 76(1) and (5) may determine that the seat of Parliament is elsewhere._ - . - -, '.. • , I . . . . , -. - - - - Legislative authority af the Republic 43. In the Republic, the legislative authority- (a) of the national sphere of govemin.ent is vested in Parliament;. - ;as set out in section 44;; - ·'- :o· · '- _ · :~ .. _ " - . (b) of the provincial sphere of government is vested in the provin~ial legislatures, as set .out in sec:tion _104; and (c) of the local sphere of government .is vested _in the Municipal . _ " .. : ·. , -Councils, as set out in section 156 ... ,_ • Natio~~i legislative· autho~ity · -.- · . 44. (1) The national legislative authority as vested in Parliament !aJ . ~o~fers on ili~ National Assem-bly ihe power:... . · -- (i). i:o' ~men.d the ConStituti~~; . to pass legislation,with regard to any matter, including a (ii) - - . 24 . No. 17678 GOVERNMENTGAZETIE,18 DECEMBER 1996 Act No. 108, 1996 ' CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 4- Parliament matter within a functional area listed in Schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in. Schedule 5; and (iii) to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government; and (b) confers on the National Couricil of Provinces the power (i) (ii) (iii) to participate in amending the Constitution in accordance with section 74; to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in Schedule 4 and any other matter required by the Constitution to be passed in accordance with section 76; and ti;> consider, in accordance with sectio~ 75,a~y other legislation passed by the National Assembly.· . (2) Parliament may intervene, by passing legislation in accordance .with. section 76(1), ~ith regard to a matter falling within a functional area listed in Schedule 5; when it is necessary- . (a) to maintain national security; . . : . " (b) tomaintain economic unity; (c) (d) to establish minimum standards required for the rendering of to maintain essential national standards; .· (e) services; or to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole. · (3)· Legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning . , any matter listed in Schedule 4 is, for all purposes, legislation with . regard to a matter listed in Schedule 4. . . - . . - . . . ( 4) When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution. • · ' -;' -·.: .. -. . . . ' . . . . . -·. . .. · Joint rules ·and orders and joint committees· 45. (1) The National Assembly and the National Council of Provinces must establish a joint rules committee to make rules and orders concerning the joint business of the Assembly and Council, ' inchiding rules and' orders- ' " ' ' . c ' (a) to determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the ... , . process; ,·. .;.·. "' . . . (b) to establish]oint cominittees composed of representatives from both the Asseinbl; and the Councii to consider and report on Bills envisaged in sections'74 ~nd 75 that are . •. referred to. such a committee; GOVERNMENT GAZETIE,IS DECEMBER 1996 No. 17678 25 CONS1TTUTION OF TilE REPUBUC OF SOliTH AFRICA, 1996 Act No. 108, 1996 Chapter 4- Parliament . (c) to establish a joint committee to review the Constitution at least annually; and (d) to regulate the business of- the joint rules committee; the Mediation Committee; (i) (ii) (iii) the constitutional review committee; and . (iv) any joint committees established in terms of paragraph (b). (2) Cabinet members, members of the National Assembly and - - - ·. delegates to the National Council of Provinces have the same - privileges and immunities before a joint committee of the Assembly and the Council as they have before the Assembly or the Council. ,The National Assembly Composition ~nd~lection 46. · · · · (1) The National Assembly consists of no fewer than 350 and no is prescribed by national legislation; more than 400 women and men elected a~ members in terms of an electoral system that- (a) . (b) is based on the national common voters roll; (c) provides for a· minimum voting age of 18 years; and _ (d) results·, _in general, in proportional representation. __ . ··, . . (2) An Act of Parliament must provide a formula for. determining the number of members of the National Assembly. : '· Membership - 47. (1) Every citizen who is qualified to vote for the National Assembly is · _. eligible to be a member of the Assembly, except:- -· · - (a) 'any~ne who is appointed by, or i~ in the service of, the state .. -'and ~~ceive~ remuneration fo~ that appointment or service, other th.a'n - - ' (i) · · th~ President, Deputy President, Ministers and Deputy . . - . . . Ministers; ~d · · -.. .,. - (ii) -other' office-bearers whose functions are compatible with the functions of a nicinber ·of the Assembly, and have been declared compatible with those functions by national legislation; · · (b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council; (c) unrehabilitated insolvents;- (d) anyone declared to be of unsound mind by a court of the 0 RepubliC; or (e)· anyone who, after thiS section took effect, is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would 26 No. 17678 GOVERNMENT GAZETTE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 ·Chapter 4- Parliament · · have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed. (2) A person who is not eligible to be a member of the National Assembly in terms of subsection (1)(a) or (b)may be a candidate fo~ the Assembly, subject to any limits or co~ditions established by . . national legislation. . ' ' (3) A person loses membership of the National Assembly if that person- (a) ceases to be eligible; or (b) is absent from the Assembly without perinission in circumstances for which the rules and orders of the Assembly prescribe loss of membership. ( 4) Yacancies in the National Assembly must be filled in terms of '' national legislation. Oath or affirmation

48. Before members of the Niuional Assembly begin to perform their functions iii the Assembly, they must s~ear or affirm faithfulness to the Republic and obedience to the Constitution, m accordance with Schedule 2. · Duration of National Assembly 49. (1) The National Assembly is elected for a term of five years.\. (2) If the National Assembly is dissolved ilt terms of settioi:t 50, or when its ternt expires, the President, by proClamation;· must call · .. '.and set dates for an election,' which must be held within 90 days of ·the date the Assembly was dissolved or its term expired. ~· ':" . - (3}· If the result of an election of the National Assembly is not declared within the period established in terms of section 190, or if an election is seta_side by_ a court, the President,_ by proclamation, must call and :Set dates for another election, which ... mus~ be held within 90 days of the expiry .of that period or of the date on which the election was set aside. · · (4) The National Assembly remains competent to function from the • tirrie it is dissolved or its term expires, until th'e day before the first day of polling for the next AssemblY, Dissolution of National Assembly before expiry of its term 50. (1) . The President must dissolve the National Assembly if-:-. (a)· the Assembly has adopted a resolution to dissolve with a supporting vote of a majoriry of its members; and (b) ·three years have passed since the Assembly was elected. GOVERNMENT GAZETI'E, 18 DECEMBER 1996 No. 17678; 27. CONSTITUTION OF TilE REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 4- Parliament (2): The Acting President must dissolve the National Assembly if (a) there is a vacancy in the office of President; and . · · · · (b) the Assembly fails to elect a new President within 30 days after the vacancy occurred. Sittings and recess peri~ds . . 51. .. (1) After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the President of the Constitutional Court, but not more than 14 days after the·· . election result has been declared; The Assembly may determine the time and duration of its other sittings and its recess periods. (2) The President may summon the National Assembly to an extraordinary sitting at any time to conduct special business. . . . . (3) Sittings of the National Assembly are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Assembly. Speaker and Deputy Speaker 52. (1) · At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members. · (2) The President of the Constitutional Court must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker. (3) The procedure set out in Part A of Schedule 3 applies to the election of the Speaker· and the Deputy Speaker. (4) The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the resolution is adopted. (5) In terms of its rules and orders, the National Assembly may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker. · Decisions 53. (1) Except where the Constitution provides otherwise:..; (a) a majority of the members of the National Assembly. must be · present before a vote may be taken on a Bill or an amendment · to a Bill; : · (b) at least one third of the members must be present before a · vote may be taken on any other question before the Assembly; and (c)· all questions before the Assembly are decided by a majority of the votes cast. 28 No. 17678 Act No. 108, 1996 GOVERNMENT GAZETI'E, 18 DECEMBER 1996 CONSTITUTION OF TifE REPUBUC OF SOUTH AFRICA, 1996 Chapter 4- Parliament (2) The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but - (a) must cast a deciding vote when there is an equal number of votes on each side of a question; and · (b) may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly. · Rights of certain Cabinet members in National Assembly

54. The President and any member of the Cabinet who is not a member of ~ ' : the National Assembly may attend, and may speak in, the Assembly, but may not vote. Powers of National Assembly 55.· (1) · In exercising its legislative power, the National Assembly may (a) . consider, pass, amend or reject any legislation before the Assembly; and (b) initiate or prepare legislation, except money Bills. (2) The National Assembly must provide for mechanisms- (a) to ensure that all executive organs of state in the national sphere of government are accountable to it; and (b) to maintain oversight of- (i) the exercise of national executive authority, including the · implementation of legislation; and (ii) any organ ofstate. Evidence ar information before Nat_ional Assembly .

56. The National Assembly or any of its committees may- . . - - . . . ' (a) summon any person to appear before it to give evidence on oath or affirmation, or to produce documents; :._ · (b) rCquire ariy person or institution tO repOrt to it;· · (c) compel, in terms of national legislation' or the rules and . orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and (d) receive petitions, representations or submissions from any interested persons or institutions. Internal arrangements, proceedings and procedures of National Assembly. 57. (1) The National Assembly may- .. (a) determine and control its internal arrangements, proceedings and procedures; and (b) make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. (2) The rules and orders of the National Assembly must provide for (a) the establishment, composition, powers, functions, procedures and duration of its committees; GOVERNMENT GAZETI'E, 18 DECEMBER 1996 No: 17678 29 CONSTITimON OF THE REPUBUC OF SOUTH AFRICA, 1996 Act No.; 108, 1996 · Chapter 4- Parliament (b) the participa'tion in the proceedings of the Assembly and its (c) committees of minority parties represented in the Assembly, in a manner consistent with democracy; financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and (dL_the recognition of the leader of the largest opposition party in . the Assembly as the Leader of the Opposition. . . . . ' .- ' . Privilege 58.. (lf Cabinet membe~s and rnembersof the National Assembly (a) have freedom of speech in the Assembly and in its committ:es, subject to its rules and orders; and (b) are not liable to civil or criminal proceedings, arrest, imprisonment or damages for - (i) anything that they have said in, produced before or submitted to the Assembly or any of its committees; or (ii) anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committees. (2) Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by natioriallegislation. (3). Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund. Public access to and involvement in National Assembly 59. (1) The National Assembly must-' .·' . . · . (a) facilitate public involvement in the legislative and other processes of the Assembly and its committees; and · . ·(b). conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken - (i). to regulate public acc~ss, including access of the media, to the Assembly and its committees; and to provide for the ~earching of any person and, where appropriate, the .refusal of entry .to, or the removal of, any person. (ii) ·. (2) ·The National Assembly may not exclude the public; including the. media, from a sittffig of a committee unless it is reasonable and justifiable to do so in an open and democratic society. 30 No.l7678 GOVERNMENT GAZETIE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITlTTION OF TilE REPUBUC OF SOUTH AFRICA, 1996 Chapter 4- Parliament · National Council of Provinces Composition of National Council 60. (1) The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates. (2) The ten delegates are:... (a) four special delegates consisting of- · • (i) (ii) the Prerruer of the provirice or, if the Premier is not available, any' member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and three other special delegates; and . . . . . ~ (b). six permanent delegates appointed in terms of section 61(2). (3) The Premier of a province, or if the Premier is not available, a member of the province's delegation designated by the Premier, heads the delegation. Allocation of delegates 61. (1) Parties represented in a provincial legislature are entitled to delegates in the province's delegation in accordance with the formula set out in Part B of Schedule 3: . (2) Within 30 days after the result ofan election of a provincial . legislature is declared, the legislature must- (a) determine, in accordance with national legislation, how'many . of each party's delegates are to be permanent delegates and how many are to be special delegates; and (b) appoint the permanent delegates in_ accordance with the . . . '. :. . . .. . nominations of the parties.. . . (3) ·The national legislation envisaged in subsection (2)(a) must ensure the participation of minority parties in both the permanent and special delegates' components of the delegation in a manner . consistent with democracy . . ( 4) The legislature, with the concurrence of the Premier and the leaders of' the parties entitled to special delegates in the province's delegation, must designate special delegates, as required from time to time, from among the members of the legislature. Permanent delegates 62. ( 1) A person nominated as a permanent delegate must be eligible to be . . a.member of the provincial legislature .. (2) If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature. (3) Permanent delegates are appointed for a term that expires GOVERNMENT GAZE'ITE, 18 DECEMBER 1996 No. 17678 37 CONSTITIJTION OF TilE REPUBUC OF SOUTH AFRICA, 1996 Act No.-108, 1996 . Chapter .4- Parliament (d) If the Council rejects the Bill, or if the Assembly refuses to pass an amended Bill referred to it in terms of paragraph (c), . the Bill and, where applicable, also the amended Bill, must be referred to the Mediation Committee, which may agree on- the Bill as passed by the Assembly; the amended Bill as passed by the Council; or . (i) (ii) (iii) another version of the Bill. (e) If the Mediation Committee is unable to agree within 30 days · of the Bill's referral to it, the Bill lapses unless the Assembly again passes the Bill, but with a supporting vote of at least two thirds of its members .. If the Mediation Committee agrees on the Bill as passed by the Assembly, the Bill must be referred to the Council, and if the Council passes the Bill, the Bill must be submitted to the · President for assent. (f) (g) · If the Mediation Committee agrees on the amended Bill as .. passed by the Council, the Bill must be referred to the Assembly, and if it is passed by the Assembly, it must be ·. · submitted to the .President for assent. (h) If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Assembly and the Council, and if it is passed by the Assembly and the Council, it must be submitted to the President for assent. (i) . If a Bill referred to the Council in terms of paragraph (f) or (h) is not passed by the Council, the Bill lapses unless the Assembly passes the Bill with a suppo~g vo~e of :u ieast two thirds of its members. . . · · . ·. . . . (j) · If a Bill ~eferred to the Assembly in terms of paragraph (g) or (h) is not passed by the Asse~bly, that Billlaps~s, but the Bill as originally passed by the Assembly mayagain be passed by the Assembly, but with a supporting vote of at least two thirds of its members. (k) A Bill passed by the Assembly in terms of paragraph (e), (i) or (j) must be submitted to the President for assent. (2) When the National Council of Provinces passes a Bill referred to in subseCtion (3), the Bill must be referred to the National Assembly and dealt with in accordance with the following . . procedure: (a) The Assembly must (i) pass the Bill; : (ii) pass an amended Bill; or (iii) · rejeCt the Bill. · (b) A Bill passed by the Assembly in terms of paragraph (a)(i) must be submitted to the President for assent. (c) If the Assembly passes an amended Bill, the amended Bill must be referred to the Council, and if the Council passes the 3S No. 17678 GOVERNMENT GAZETIE, IS DECEMBER 1996 Act No. 108, 1996 CONSTITIJTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 4- Parliament ·amended Bill, it must be submitted to the President for assent . . (d)· If the Assembly rejects the Bill, or if the Council refuses to ··pass an amended Bill referred to it in terms of paragraph (c), · the Bill and, where ·applicable, also the amended Bill must be referred to the Mediation Committee, which may agree on • . · (i) · the Bill as passed by the Council; (ii) the amended Bill as passed by the Assembly; or ··· (iii) · another version of the Bill. (e).· If the Mediation Committee is unable to agree within 30 days · · • · (f) of the Bill's referral to it, the Bill lapses. If the Mediation Committee agrees on the Bill as passed by the COuncil, the Bill must be referred to the Assembly, and if · the Assembly passes the Bill, the Bill must be submitted to the President for assent. ' (g) If the Mediation Committee agrees on the amended Bill as · . passed by the Assembly, the Bill must be referred to the · : · · · Council, and if it is passed by the Council, it must be :· . • ·submitted to the President for assent. (h) If the Mediation Committee agrees on another version of the · · · Bill, that version of the Bill must be referred to both the · Council and the Assembly, and if it is passed by the Council : and the Assembly, it must be submitted to the President for :,·:; !!. ~· ·..:.assent.:~- ·· .. -- .... · · < _._ .:.::: __ ·:_,_ ··.:_:_-. If a Bill referred to the Assembly in terms of paragraph (f) or (i) . ' : .. (h) is not passed by the Assembly, the Bill lapses.··' ' (.3) . A Bill in'~st be dealt ·.;;,ith in ~c~ord~ce ~ith the p~ocedure ·' ... est~blishedby eith~r s~bse~ion (l)or ~ubs~Ct_ion (2) if it falls ·· within a functional area listed fu Schedule 4' or provides for ' ' ' . legisl~tion envisagdd. m' any of the foll~~ing sections:· . . - . · (a) Seci:i~ri 6S(2); . . (b) section 163; · (c) section 182; (d) section 195(3) and (4); . (e) seCtion 196; and ' ' t . :'' ' . -· · . . ,.)'_ I , -·. (f) section 197. ( 4) A Bill inust be dealt with in accord~c~ .:Vith the procedure est~blished by s~b~ection (1) lf it provid~s for legislation- .(a) . erivisaged in se~tion 44(2) or 220(Jl; or (b) envisaged in Chapter 13, and which affects the fmancial interests of the provincial sphere of governrilent .. · ... , (5) A Bill envisaged in section42(6). must be dealt with in accordance with the procedure established by subsection (1), except that- (a) ·when the National Assembly votes on the Bill, the provisions of section 53(1) do not apply; instead, the Bill may be passed only if a majority of the members of the Assembly vote in · ,; 1, · ·.:favour of it; and ' .. · ·- .. GOVERNMENTG~I8DECEMBERIW6 No. 17678· 39 CONSTITUTION OF Tiffi REPUBLIC OF SOurn AFRICA, 1996' Act No. 108; 1996 Chapter 4- Parliament (b) . if the Bill is referred to the Mediation Committee, the·. · following rules apply: (i) If the National Assembly considers a Bill envisaged in subsection (1) (g) or (h), that Bill may be. passed only if a .. majority of the members of the Assembly vote in favour · .. · 1 (ii) If the National Assembly considers or reconsiders a Bill envisaged in subsection (1)(e), (i) or (j), that Bill may be ''p~ss~d o~ly if at i~ast two thirds of th~ ~embers of the Asse~bly. v~t~ in fa~o·u~ of it.· · . · · · ·' ' ' - (6) This section does not apply to money Bills. '- ' . ~. _; '. Money Bills 77. (1) A Bill that appropriates money or imposes taxes, levies or duties is a money Bill. A m~ney Bill may Iiot deal with any other matter except a subordinate matter incidental to the appropriation of. money or the imposition of taxes, levies or duties. . --~.: .' , · · • ~* ' · . I . ' · ' . .·, ,• ~: ' J .•. · ' ·.·:,"j. (2) All money Bills must be considered in accordance with the·: . , · procedure established by section 75, An Act of Parliament must provide for a procedure to amend money Bills before Parliament. Mediation Committee 78: :(1) The-Mediation Committee coil'sists of-' - '• ··• (a) nine members of the National Assembly elected by the Assembly in accordancewith a· procedure that is prescribed by the niles and orders of the Assembly and results in the representation of parties in substantially the s_ame proportion that the parties are represented in the Assembly; and ., ...... ; J (b) one delegate from each provincial delegation in. the National Council of Provinces, designated by the delegation., (2) · The Mediation Committee has agreed on a version ofa Bill, or . , . decided a questi<}n, when that versicm, or one side, of the question, is ... 1 . . _•,. supported by-·:: (a) at least five of the representatives of the National Assembly; : _: _ .• _. . .• and (b) at least five of the representatives of the National Council of - · · · Provinces. · .. -, Assent to Bills : . : 79. . -- .. , ·~. _, . . . : .. (1) The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the· constitutionality of the Bill, refer it back to the National Assembly: for reconsideration. .: . . -., .... · · · · (2) The joint rules and orders mus~ provide for the p~ocedure fo~ the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process. 40 No. 17678 GOVERNMENT GAZETTE, 18 DECEMBER 1996· Act No. 108, 1996 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Chapter 4- Parliament (3) The National Council of Provinces must participate in the reconsideration of a Bill that the President has referred back to the ·National Assembly if'-·· (a)· the President's reservations about the constitutionality of the · · Bill relate to a procedural matter that involve~ the Council; or (b) section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill. · · · ·c . ( 4) If, after recon~ide~ation, a Bill fully a~co~odates the President's re;ervati~ns, the President m~st 'as~e~t to.and sign the Bill; if not, the President must either..: (a) assent to and sign the Bill; or (b) refer it to the Constitutional Court for a decision on its constitutionality . . (5) If the Constitutional Court decides th~t the Bill is constitutiona~ the President must assent to and sign it. Application by members of National Assembly to Constitutional Court 80. (1) ··Members of the National Assembly may apply to the · Constitutional Court for an order declaring that all or part of an '-Act of Parliament is unconstitutional. · · • · (2) An application- i. •·'· (a) must be supported by at least one third of the members. of the · . .-; National Assembly; and . . . (b) .: must be made within 30 days of the date on which the . . . , , .. : Presidentassented to and signed the Act. - . . : :' ' i-. · (3) The'Constit~tional Colirt may order that all or part of an Act that ·is the subject of an application iri temis of subsection (1) has no . force until the co'urt has decided the application if- ; ... (a)· the interests of justice require this; and · ·' · · (b) . the application has a reasonable prospect of.success. · (4)· If an a_pplication is unsuccessful; and did not have a reasonable prospect of success, the Constitutional Court may order the . ~ applicants to pay costs. Publication of. Acts ·.

81. A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act. -. · · c' ·· • Safekeeping of Acts of Parliament . 82 .. : The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping. ! : : - . ' 1 • . ~ GOVERNMENT GAZETTE. 18 DECEMBER 1996 No. 17678 61 CONSTITUTION OF THE REPUBUC OF SOUTII AFRICA, 1996 Act No. 108, 1996 Chapter 6- Provinces (5) Provincial legislation prevails over national legislation if subsection (2) or (3) does not apply. (6) A law made in terms of an Act of Parliament or a provincial Act can prevail only if that law has been approved by the National Council of Provinces. (7) If the National Council of Provinces does not reach a decision within 30 days of its first sitting after a law was referred to it, that law must be considered for all purposes to have been approved by the Council. (8) If the National Council of Provinces does not approve a law referred to in subsection (6), it must, within 30 days of its decision, forward reasons for not approving the law to the authority that referred the law to it. Other conflicts 147. (1) If there is a conflict between national legislation and a provision of a provincial constitution with regard to - (a) a matter concerning which this Constitution specifically requires or envisages the enactment of national legislation, the national legislation prevails over the affected provision of the provincial constitution; (b) national legislative intervention in terms of section 44(2), the national legislation prevails over the provision of the provincial constitution; or (c) a matter within a functional area listed in Schedule 4, section 146 applies as if the affected provision of the provincial constitution were provincial legislation referred to in that section. (2) National legislation referred to in section 44(2) prevails over provincial legislation in respect of matters within the functional areas listed in Schedule 5. Conflicts that cannot be resolved

148. If a dispute concerning a conflict cannot be resolved by a courr, the national legislation prevails over the provincial legislation or provincial constitution. Status of legislation that does not prevail

149. A decision by a court that legislation prevails over other legislation does not invalidate that other legislation, but that other legislation becomes inoperative for as long as the conflict remains. Interpretation of conflicts

150. When considering an apparent conflict between national and provincial legislation, or between national legislation and a provincial constitution, every court must prefer any reasonable interpretation of the legislation or constitution that avoids a conflict, over any alternative interpretation that results in a conflict. I GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 67 CONSTITIJilON OF TiiE REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 7- Local Government (e) a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category. (2) A person who is not eligible to be a member of a Municipal Council in terms of subsection (l)(a), (b),(d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation. Terms of Municipal Councils

159. The term of a Municipal Council may be no more than four years, as determined by national legislation. Internal procedures 160. (1) A Municipal Council- (a) makes decisions concerning the exercise of all the powers and the performance of all the functions of the municipality; (b) must elect its chairperson; (c) may elect an executive committee and other committees, subject to national legislation; and (d) may employ personnel that are necessary for the effective performance of its functions. (2) The following functions may not be delegated by a Municipal Council: (a) The passing of by-laws; the approval of budgets; (b) the imposition of rates and other taxes, levies and duties; and (c) the raising of loans. (d) (3) (a) A majority of the members of a Municipal Council must be present before a vote may be taken on any matter. (h) All questions concerning matters mentioned in subsection (2) are determined by a decision taken by a Municip~l Council with a suppotting vote of a majority of its members. (c) All other questions before a Municipal Council are decided by a majority of the votes cast. (4) No by-law may be passed by a Municipal Council unless- (a) all the members of the Council have been given reasonable notice; and (b)· the proposed by-law has been published for public comment. (5) National legislation may provide criteria for detettnining- the size of a Municipal Council; (a) (h) whether Municipal Councils may elect an executive (c) committee or any other committee; or the size of the executive committee or any other committee of a Municipal CounciL GOVERNMENT GAZETIE, 18 DECEMBER 1996 No. 17678 69 CONSTITUTION OF TiiE REPUBUC OF SOUTii AFRICA, 1996 Act No. 108, 1996 Chapter 8- Courts and Administration of Justice Chapter 8 Courts. and Administration of Justice .· . . Judicial authority 165. (1) The judicial authority of the Republic is vested in the couns. (2) The couns are independent and subject only to the Constitution and the law, which they must apply impanially and without fear, favour or prejudice. (3) No person or organ of state may interfere with the functioning of the couns. (4) Organs of state, through legislative and other measures, must assist and protect the couns to ensure the independence, impaniality, dignity, accessibility and effectiveness of the couns. (5) An order or decision issued by a coun binds all persons to whom and organs of state to which it applies. Judicial system.

166. The couns are- {a) the Constitutional Court; (b) the Supreme Coun of Appeal; {c) the High Couns, including any high coun of appeal that may be established by an Act of Parliament to hear appeals from High Couns; (d) the Magistrates' Couns; and {e) any other coun established or recognised in terms of an Act of Parliament, including any coun of a status similar to either the High Couns ·or the Magistrates' C:Ouns. Constitutional Court 167. (1) The Constitutional Coun consists of a President, a Deputy President and nine other judges. (2) A matter before the Constitutional Coun must be heard by at least eight judges. (3) The Constitutional Coun- is the highest coun in all constitutional matters; {a) (b) may decide only constitutional matters, and issues connected . with decisions on constitutional matters; and {c) makes the fmal decision whether ·a matter is a constitutional GOVERNMENT GAZETIE, 18 DECEMBER 1996 No. 17678 77 CONSTITIITION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Chapter 9 - State Institutions Supporting Constitutional Democracy Chapter 9_ State Institutions Supporting Constitutional Democracy Establishment and governing principles 181. (1) The following state institutions strengthen constitutional democracy in the Republic: (a) The Public Protector. (b) The Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality . . (e) ·The Auditor-General. (f) The Electoral Commission. (2) These institutions are indep~ndent, and subject only to the Constitution and th~ law, and ~lu!y must be impartial and must exercise their powers and perform their function_s without fear, favour or prejudice. (3) Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the . independence, impartiality, dignity and effectiveness of these institutions. (4) No person or organ of state may interfere with the functioning of these institutions. (5) These institutions are accountable to the National As~embly, and must report on their activities and the performance of their functions to the Assembly at least once a year. Public Protector Functions of Public Protector 182. (1) The Public Protector has the power, as regulated by national legislation - (a) to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; (b) to report on that conduct; and (c) to take appropriate remedial action. GOVERNMENTGAZEITE. IS DECEMBER I996 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, I 996 No. 17678 107 Act No. 108,1996 Schedule 1 .:.. National Flag Schedule 1 National Flag (1) The national flag is rectangular; it is one and a half times longer than it (2) (3) (4) is wide. It is black, gold, green, white, chilli red and blue. It has a green Y-shaped band that is one fifth as wide as the flag. The centre lines of the band start in the top and bottom corners next to the flag post, converge in the centre of the flag, and contiriue horizontally to the middle of the free edge. The green band is edged, above and below in white, and towards the flag post end, in gold. Each edging is one fifteenth as wide as the flag. (5) The triangle next to the flag post is black. ( 6) The upper horizontal band is chilli red and the lower horizontal band is blue. These bands are each one third as wide as the flag. Red GOVERNMENT GAZETTE. 18 DECEMBER 19% No. 17678 Ill CONSTITUTION Of THE REPUBLIC Of SOUTH AfRICA,I996. Act No. 108, 1996 Schedule 2 - Oaths and Solemn Affinnations Oath or solemn affirmation of Premiers, Acting Premiers and members of provincial Executive Councils S. The Premier or Acting Premier of a province, and each member of the Executive Council of a province, before the President of the Constitutional Court or a judge designated by the President of the Constitutional Court, must swear/affirm as follows: I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Premier/Acting Premier/ member of the Executive Council of the province of C.D. with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret marter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability. (In the case of an oath: So help me God.) Oath or solemn affirmation of Judicial Officers 6. (1) Each judge or acting judge, before the Chief Justice of the Supreme Court of Appeal or another judge designated bythe Chief Justice, must swear or affirm as follows: I, A.B., swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme Court of AppeaVHigh Court! E.F. Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law. (In the case of an oath: So help me God.) (2) A person appointed to the office of Chief Justice of the Supreme Court of Appeal who is not already a judge at the time of that appointment must swear or affirm before the President of the Constitutional Court. (3) Judicial officers, and acting judicial officers, other than judges, must swear/affmn in terms of national legislation. GOVERNMENT GAZETTE. 18 DECEMBER 1996 No. 17678 113 CONSTITUTION OF TIIE REPUBUC OF SOliTH AFRICA, 1996 Act No. 108, 1996 Schedule 3 -Election Procedures Schedule 3 Election Procedures Part A - Election· Procedures for Constitutional OHice·Bearers Application 1. The procedure set out in this Schedule applies whenever-. (a) . the National Assembly meets to elect the President; or the Speaker (b) ·or Deputy Speaker of the Asse~bly; the National Council of Provinces meets. to. elect its Chairperson . . or a Deputy Chairperson; or (c) a provincial legislature meets to elect.the Premier of the province . . . or the Speaker or Deputy Speaker of the legisla~re. Nominations 2. The person presiding at a meeting to which this Sche.dule applies must call for the nomination of candidates at the meeting.· _ _ . Formal requirements 3. (1) A nomination must lie made on the form prescribed by the rules mentioned iri item 9. (2) The form- on which a nomination is made must be signed- (a) by two members of the National Assembly, if the President or the Speaker or Deputy Speaker of the Assembly is to be • elected; (b) on behalf of two_provmcial delegations, if the Chairperson or a Deputy Chairperson of the National Council of Provinces is to be elected; or (c) by two members of the relevant provincial legislature, if the Premier of the province or the Speaker or Deputy Speaker of the legislature is to be elected. (3) . A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation. - Announcement of names of candidates 4. At a meeting to which this Schedule applies, the person presiding must - . . announce the names of the persons who have been nominated as candidates, but may not permit any debate. . ' · - . - 114 No. 17678 Act No. 108, IW6 GOVERNMENTG~I8DECEMBERIW6 CONSTITUTION OF THE REPUBUC OF S01.JTII AFRICA, I W6 Schedule 3 -Election Procedures Single candidate 5. If only one candidate is nominated, the person presiding must declare that candidate elected.·. · Election procedure 6. If more than olle candidate is nominated - (a) a vote must be taken at the meeting by secret ballot; (b) each member present, or if it is a meeting of the National Council of Provinces, each province represented, at the meeting may cast 'one vote; and .. (c) the per~on presiding must declare elected the candidate who receives a majority of the votes. Elimination procedure 7. . (1) 'If no candidate receive~ a majoritY of the votes, the candidate who receives the lowest number of votes must be eliminated and a · fimher vet~ taken on the ren'taining candidates in accordance with . item 6. This procedure must be repeated until a candidate receives ·a majoritY of the ~otes. · :' . . (2) Whe~·applying subitem (1), if two.or more candidates each have the lowest number of votes, a separate vote must be taken on. those candidates, an~ repeated as often as may be necessary to determine which candidate is to be eliminated. . . Further meetings 8. (1) If only two candi~ates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by . the person presiding. (2) If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it . were the first meeting for the election in question. Rules 9. (1) The President of the Constitutional Court must make rules prescribing - (a) the procedure for meethigs to which this Schedule applies; (b)· the duties of any person presiding at a meeting, and of any · - person assisting the person presiding; the form on which nominations must be submitted; and (c) (d) the manner in which voting is to be conducted. (2) These rules must be made known in the way that the President of the Constitutional Court determines. GOVERNMENT GAZETI'E, 18 DECEMBER 1996 No. 17678 115 CONSTITIJTION OF THE REPUBUC OF SOUTII AFRICA, 1996 Act No. 108, 1996 Schedule 3 -Election Procedures 1. 2. Part B - Formula to Determine Party Participation in Provincial Delegations to the National Council of Provinces The number of delegates in a provincial delegation to the National Council of Provinces to which a party is entitled, must be determined by multiplying the number of seats the party holds in the provincial legislature by ten and dividing the result by the number of seats in the legislature plus one. If a calculation in terms of item 1 yields a surplus not absorbed by the delegates allocated to a party in terms of that item, the surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed delegates in the delegation must be allocated to the party or parties in the sequence of the highest surplus. GOVERNMENT GAZEITE, 18 DECEMBER 1996 No. 17678 117 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Schedule 4 - Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 4 Functional Areas of Concurrent National and Provincial Legislative Competence Part A Administration of indigenous forests Agriculture Airports other than international and national airports Aninlal control and diseases Casinos, racing, gambling and wagering, excluding lotteries and sports pools Consumer protection Cultural rna tters Disaster management Education at all levels, excluding tertiary education Environment Health services Housing Indigenous law and-customary law, subject to Chapter 12 of the Constitution Industrial promotion. · · · · . ··· . . Language policy and the regulation of official langUages to the extent that the provisions of section 6 of the Constitution expressly confer upon the'· provincial legislatures legislative competence Media services directly controlled or provided by the provincial government, subject to section 192 Nature conservation, excluding national parks, national botanical gardens and marine resources Police to the extent that the provisions of Chapter 11 of the Constitution confer upon the provincial legislatures legislative competence Pollution control Population development Property transfer fees Provincial public enterprises in respect of the functional areas in this Schedule and Schedule 5 Public transport Public works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other law Regional planning and development 118 No. 17678 GOVERNMENT GAZETTE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITIJI10N OF TilE REPUBUC OF SOUTH AFRICA. 1996 Schedule 4 -FunCtional Areas of Concurrent National and Provincial Legislative Competence Road traffic regulation Soil conservation Tourism Trade Traditional leadership, subject to Chapter 12 of the Constitution Urban and rural development Vehicle licensing Welfare services Part B The following local government matters to the extent set out in section 155(6)(a) and (7): Air pollution Building regulations Child care facilities Electricity and gas reticulation Firefigh ting services Local tourism Municipal airports Municipal planning Municipal health services Municipal public transport Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other law Pontoons, ferries, jetties, piers and harbours, excluding the regulation of . . StormV{ater_ management systems in built-up areas international and national shipping and matters related there~o. . . . . Trading regulatiolls , Water and sanitation services lintited to potable water supply systems and . , . domestic waste-water and sewage di~posal systems . :· .. : .- ,.·. GOVERNMENT GAZETTE. 18 DECEMBER 1996 No. 17678 119 CONSTITIJTJON OF THE REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Schedule 5 - Functional Areas of Exclusive Provincial Legislative Competence Schedule· s· Functional Areas of Exclusive Provincial Legislative Competence Part A Abattoirs Ambulance services Archives other than national archives Libraries other than national libraries Liquor licences Museums other than national museums Provincial planning Provincial cultural matters Provincial recreation and amenities Provincial sport Provincial roads and traffic Veterinary services, excluding regulation of the profession Part B The following local government matters to the extent set out for provinces in section 155(6)(a) and (7): Beaches and amusement facilities Billboards and the display.of advertisements in public places Cemeteries, funeral parlours and crematoria Cleansing Control of public nuisances Control of undertakings that sell liquor to the public Facilities for the accommodation, care and burial of animals Fencing and fences Licensing of dogs Licensing and control of undertakings that sell food to the public Local amenities Local sport facilities Markets Municipal abattoirs Municipal parks and recreation Municipal roads Noise pollution Pounds 120 No. 17678 GOVERNMENTGAZE~18DECEMBER1~6 Act No. 108, 1~6 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1~6 Schedule 5- Functional Areas of Exclusive Provincial Legisliztive Competence Public places Refuse removal, refuse dumps and solid waste disposal Street trading Street lighting Traffic and parking . . . -,, GOVERNMENTG~18DECEMBER1W6 No. 17678 121 CONSTITUTION OF TilE REPUBUC OF SOUTII AFRICA, 1996 Act No. 108, 1W6 Schedule 6 - Transitional Arrangements Schedule 6 Transitional Arrangements Definitions 1. In this Schedule; unless inconsistent with the context- "homeland" means a part of the Republic which, before the previous Constitution took effect, was dealt with in South African legislation as an independent or a self-governing-territory; "new Constitution" means the, Constitution of the Republic of South Africa, 1996; "old order legislation" means legislation enacted before the previous Constitution took effect; "previous Constitution" means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993). Continuation of existing law 2. (1) All law that was in force when the new Constitution took effect, contitiues in force; subject to- (a) any amendment or repeal; and (b) consistency with the new Constitution. (2) Old ord~ iegislation that continues iii force in terms of subitem (1) (a). does not have a wider applicati~n. ter~itorially or otherwise, than it had before the previous Constitution took effect unless subsequently a'rriended to. have a wider application; and (b) continues to be administered by the authorities that administered it when the new Constirution took effect, subject to the new Constitution. Interpretation of existing legislation 3~ (1) Unless inconsistent with the context or clearly inappropriate, a reference in any legislation that existed when the new Constitution took effect ...; (a) to the Republic of South Africa or a homeland (except when it refers to a territorial area), must be construed as a ref,erence to the Republic of South Africa under the_new Constitution; . to Parliament, the National Assembly or the Senate, must be' construed as a reference to Parliament, the National Assembly or the National Council of Provmces .under the new Constitution; to the President, an Executive Depury President, a Minister, a (b) (c) 122 No. 17678 GOVERNMENT GAZETIE, 18 DECEMBER 19% Act No. 108, 1996 CONSTITUTION OF TifE REPUBLIC OF SOUTH AFRICA, 1996 Schedule 6- Transitional Arrangements Deputy Minister or the Cabinet, must be construed as a reference to the President, the Deputy President, a Minister, a Deputy Minister or the Cabinet under the new Constitution, subject to item 9 of this Schedule; _ (d) to the President of the Senate, must be construed as a . . (e) reference to the Chairperson of the National Council of Provinces; to a provincial legislature, Premier, Executive Council or member of an Executive Council of a province, must be construed as a reference to a provincial legislature, Premier, Executive Council or member of an Executive Council under the new Constitution, subject to item 12 of this Schedule; or (f) ·to a~ official language or languages, must be construed as a reference to any of the official languages under the new · Constitution. (2) · Unless inconsistent with the context or clearly inappropriate, a reference in any remaining old order legislation-· (a) to a Parliament, a House of a Parliament or a legislative assembly or body of the Republic or of a homeland, must be construed as a reference to - (i) Parliament under the new Constitution, if the (ii) administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to the national executive; or the provincial legislature of a province, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to a provincial executive; or (b) ·to a Siate President, Chief Minis~er, Administrator or other chief executive, Cabiriet, Ministers' <:;ouncil or executive council of the Republic or, of a homeland, must be construed ·as· a reference to.- (ij · the President under the new Constitution, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to the national executive; or the Premier of a province under the new Constitution, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to a provincial executive. .. . (ii) National Assembly · , · 4: · .. (1) .Anyo~e who ~as a m~mber or office-bearer. of theNational Assembly when the new Constitution took effect, becomes a member or office-bearer of the National Assembly under the new ~nstitution, and holds office as a member or office-bearer in terms of the new Constitution. GOVERNMENT GAZETfE. 18 DECEMBER 1996 CONSTITUTION OF THE REPUBUC OF SOUTH AFRICA, 1996 No. 17678 123 Act No. 108, 1996 Schedule 6- Transitional Arrangements (2). The National Assembly as constituted in terms of subitem (1) must be regarded as having been elected under the new Constitution for ·a term that expires on 30 April 1999 ... · (3) The National Assembly consists of 400 members for the duration of its term that eipiies oll30 April1999, subject to section 49(4) of the new COnstitution. (4) The rules and orders of the National Assembly in force when the new Constitution took effect, continue in force, subject to any amendment or repeal. . Unfinished business before Parliament 5. (1) Any unfinished business before the National Assembly'when the new COnstitution takes effect must be proceeded with in terms of the new COnstitution. (2) Any unfinished business before the Senate when the new COnstitution· takes effect must be referred to the National Council of Provinces, and the COuncil must proceed with that business in · · terms of the new Constitution. - -- Elections of National Assembly 6. (1) No election of the National Assembly may be held before 30 April 1999 unless the Assembly is dissolved in terms of section 50(2) after a motion of no confidence in the President in terms of section 102(2) of the new Constitution. (2) Section 50(1) of the new COnstitution is suspended until30 April 1999. -. (3) .. Despite the repeal of the previous Constitution, Schedule 2 to that COn_stitution, as amended by Annexure A to this Schedule, applies (a) to the first election of the National Assembly under the new COnstitution; (b) to the loss of membership of the Assembly in circumstances . other than those provided for in section 47(3) of the new Constitution; and to the filling of vacancies in the Assembly, and the supplementation, review and use of party lists for the filling of vacancies, until the second election of the_ Assembly under the (c) new Constitution .. (4) Section 47(4) of the new COnstitution is suspended until the second election of the National Assembly under the new COnstitution. National Council of Provinces 7. (1) For the period which ends immediately before the first sitting of a provincial legislature held after its first election under the new COnstitution :... · (a) the proportion of party representation in the province's · 124 No. 17678 Act No. 108, 1996 GOVERNMENT GAZETIE, 18 DECEMBER 1996 CONSTITUTION OF TilE REPUBLIC OF SOUTII AFRICA, 1996 Schedule 6- Transitional Arrangements delegation to the National Council of Provinces must be the same as the proportion in which the province's 10 senators were nominated in terms of section 48 of the previous Constitution; and (b) the allocation of permanent delegates and special delegates to the parties represented in the provincial legislature, is as follows: PROVINa PERMANENT DELEGATE~ SPECIAL DELEGATES

7. Northern Province

9. Western Cape ANC5 NP1 .• . - . ANC4 FF 1 NP 1 · ANC3 DP 1 FF 1 NP 1 ANCl DP 1 IFP 3 NP1 ANC4 FF 1 . NP 1 ANC3 FF 1 NP 2 ANC6 ANC4 FF 1 NP 1 ANC 2 DP 1 NP3 . ANC4 ANC4 ANC3 NP 1 . ANC2 ·. IFP 2 ANC4 ANC2 NP2 ANC4 ANC4 ANC 1 NP3 GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 125 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Schedule 6- Transitional Arrangements (2) A party represented in a provincial legislature- {a) must nominate its permanent delegates from among the persons who were senators when the new Constitution took ·effect and are available to serve as permanent delegates; and {b) may nominate other persons as permanent delegates only if none or an insufficient number of its former senators are available. (3) A provincial legislature must appoint its permanent delegates in accordance with the nominations of the parties. (4) Subitems (2) and (3) apply only to the first appointment of · permanent delegates to the National Council of Provinces. · (5) Section 62(1) of the new Constitution does not apply to the nomination and a ppointffient of former senators as permanent delegates in terms of this item. ( 6) The rules and orders of the Senate in force when the new Constitution took effect, must be applied in respect of the business of the National Council to the extent that they can be applied, subject to any amendment or repeal. . Former senators 8. (1) A former senator who is not appointed as a permanent delegate to the National Council of Provinces is entitled to become a full voting member of the legislature of the provillce from which that person was nominated as a senator in terms of section 48 of the previous Constitution. (2) If a former senator elects not to become a member of a provincial legislature that person is regarded as having resigned as a senator the day before the new Constitution took effect. (3) The salary, allowances and benefits of a former senator appointed as a permanent delegate or as a member of a provincial legislature · . may not be reduced by reason only of that appointment. . . · . National executive 9. (1) Anyone who was the President, an Executive Deputy President. a Minister or a Deputy Minister under the previous Constitution when the new Constitution took effect, continues in and holds • that office in terms of the new Constitution, but subject to subitem {2). (2) Until 30 April1999, sections 84, 89, 90, 91, 93 and 96 of the new Constitution must be regarded to read as set out in Annexure B to this Schedule. (3) Subitem (2) does not prevent a Minister who was a senator when the new Constitution took effect, from continuing as a Minister referred to in section 91(1)(a) of the new Constitution, as that section reads in Annexure B.· · 126 No. 17678 Act No. 108, 1996 GOVERNMENTG~18DECEMBER1~6 CONSTITimON OF TilE REPUBUC OF SOUTII AFRICA, 1996 Schedule 6- Transitional Arrangements . Provinciallegislatures 10. (1) Anyone who was a member or office-bearer of a province's legislature when the new Constitution took effect, becomes a member or office-bearer of the legislature for that province under the new Constitution, and holds office as a member or office- . bearer in terms of the new Constitution and any provincial constitution that may be enacted. (2) A provincial legislature as constituted in terms of subitem (1) must be regarded as having been elected under the new Constitution for a term that expires on 30 April1999. - - ' ;· . ' .~ ' . , (3) For the duration of its term that expires on 30 April 1999, and subject to section 108(4), a provincial legislature consists of the number of members determined for that legislature under t!te previous Cons1:it~tion plus the 'number of former senators who became members of the legislature in terms of item 8 of ibis Schedule. ' , • . . I . . . - (4) The rules and orders of a provincial legislature in force when the new Constit~tion took effect, continue in force, subject to any amendment or repeal. Elections of provincial legislatures 11. . (1) Despite the repeal of the previous Constitution, Schedule 2 to that Constitution, as ~mended by Annexure A to this Schedule; applies to the first election of a provinciallegislat~re UO:der the new (a) Constitution; ... -- . . . ! ' ' (b) to the loss of membership of a legislature in circumstances other than those provided for in section: 106(3) of the new . · · Constitution; and (c) to the filling of vacancies in a legislature, and the ' supplementation, review and use of party lists for the filling of vacancies, until the second election of the legislature under the new Constitution. (2) Section 106(4) of the new Constitution is suspended in respect of a provincial legislature until the second election of the legislature . under the new Constitution. . ' • ' Provincial executives 12. (1) Anyone ·who was the Premier or a member of the Executive Council of a province when the new Constitution took effect, continues in and holds that office in terms of the new Constitution and any provincial constitution that may be enacted, but subject to subitem (2). (2) Until the Premier elected after the first election of a province's legislature under the new Constitution assumes office, or the province enacts its constitution, whichever occurs first, sections ·132 and 136 of the new Constitution must be regarded to read as set out in Annexure C to this Schedule. GOVERNMENT GAZE1TE, 18 DECEMBER 1996 No. 17678 129 CONSTITUTION OF 1HE REPUBUC OF SOUTH AFRICA, 1996 Act No. 108.1996 Schedule 6- Transitional Arrangements must be construed as a reference to the Constitutional Court under the new Constitution; (b) the Appellate Division of the Supreme Court of South Africa, must be construed as a reference to the Supreme Court of Appeal; and (c) a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or ·gener~l division · · of that court, must be construed as a reference to a High Court. (6) (a) As soon as is practical after the new Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution. (b) The Cabinet member responsible for the administration of justice, acting after consultation with the Judicial Service Commission, must manage the rationalisation envisaged in paragraph (a).' Cases pending before courts·

17. All proceedings which were pending before a court when the new Constitution took effect, must be disposed of as if the new Constitution had not been enacted, unless the interests of justice require otherwise. Prosecuting authority 18. (1) 'section 108 of the previous Constitution continues in force until the Act of Parliament envisaged in section 179 of the new Constitution takes effeCt. This subitem does not affect the appointment of the .National Director of Public Prosecutions in terms of section 179. . · (2) An attorney-general holding office when the new Constitution takes effect, continues to function in terms of the legislation applicable to that office, subject to subitem (1). Oaths and affirmations

19. A person who continues in office in terms of this Schedule and who has taken the oath of office or has made a solemn aff1trnation under the previous Constitution, is not obliged to repeat the oath of office or solemn affirmation under the new Constitution. Other constitutional institutions 20. (1) In this section "constitutional institution" means the Public Protector; the Commission on Gender Equality; (a) (b) the Human Rights Commission; (c) (d) the Auditor-General; (e) (0 the South African Reserve Bank; the Financial and Fiscal Commission; 130 No. 17678 Act.No.108, 1996 GOVERNMENT GAZETI"E, 18 DECEMBER 1996 CONSTITUTION OF TilE REPUBUC OF SOUTH AFRICA, 1996 Schedule 6- Transitional Arrangements the Judicial Service Commission; or_ · (g) (h) the Pan South African Language Board. (2) ·A constitUtional institution established in terms of the previous .. Constitution continues to function in terms of the legislation applicable to it, and anyone holding office as .a commission member, a member of the board of the Reserve Bank or the Pan ·. South African Language Board, the Public Protect~r or the Auditor-Gener~l when.the new Constitution takes effect, continues to hold office in terms of the legislation applicable to that office, subject to- (a) any amendment or repeal of that legislation; and (b) consistency with the new Constitution. · (3) Sections 199(1), 200(1), (3) and (5) to (11) and 201 to 206 of the previous Co~stitUtion continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution. (4) The members of the Judicial Service Commission referred to in section 105(1)(h) of the previous Constitution cease to be members of the Commission when the members referred to in section 178(1)(i) of the new Constitution are appointed .. (5) · (a) The Volkstaat Council established in terms of the previous Constitution continues to function in terms of the legislation applicable to it, and anyone holding office as a member of the Council when the new Constirution takes effect, continues to hold office in terms of the legislation applicable to that office, subject to- any amendment or repeal of that legislation; and (i) (ii) consistency with the new Constitution. (b) Sections 184A and 184B(l)(a), (b) and (d) of the previous Constitution continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution •. Enactment of legislation required by new Constitution 21. (1) Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted bythe relevant authority within a reasonable period of the date the new Constitution took effect. (2) Section 198(b) of the new Constitution may not be enforced until the legislation envisaged in that section has been enacted. (3) Section 199(3)(a) of the new Constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted. (4) National legislation envisaged in section 217(3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect, but the absence of this GOVERNMENT GAZETIE, 18 DECEMBER 1996 No. 17678 135. CONSTI1UJ10N OF TilE REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Schedule 6 - Transitional Arrangements representatives of each party in the legislature. {2) Following the designation in terms of subitem (1), if a candidate's name appears on more than one list for the National Assembly or on lists for both the National Assembly and a provincia/legislature (if an i!lection of the Assembly and a provincia/legislature is held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate. will serve, as the case may be, in which event the candidate's name shall be deleted from the other lists. (3) The Commission shall forthWith publish the list of names of · representatives in the legislature or legislatures.".

10. The amendment of item 18 by replacing paragraph (b) with the following paragraph: "(b) a representative is appointed as a permanent delegate to the National Council of Provinces;".

11. The replacement of item 19 with the following item: "19. Lists of candidates of a party referred to in item 16(1) may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16 has been concluded, in order to {ill casual vacancies: Provided that any such supplementation shall be made at the end of the list." • .

12. The replacement of item 23 with the following item:· "Vacancies 23.(1) In the event of a vacancy in a legislature to which this Schedule applies, the party which nominated the vacating member shall fill the vacancy by nominating a person - (a) whose name appears on the list of candidates from . . . which the vacating member was originally nominated; . and (b) who is the next qualified and available person on the list. (2) A nomination to fill a vacancy shall be submitted to the Speaker in writing. · · {3) If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of item 23A(1), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case · may be.". 136 No. 17678 · GOVERNMENT GAZEITE, 18 DECEMBER 1996 Act No.l08, 1996 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Schedule 6 - Transitional Arrangements •

13. The insertion of the following item after item 23: "Additional ground for loss of membership of legislatures 23A. (1) A person loses membership of a legislature to which this Schedule applies if that person ceases to be a member of the ·party which nominated that person as a member of the legislature. (2) Despite subitem (1} any existing political party may at any time change its name. (3} An Act of Parliament may, within a reasonable period after the new Constitution took effect, be passed in accordance with section 76(1) of the new Constitution to amend this item and item 23 to provide for the manner in. which it will be possible for a member of a legislature who ceases to be a member of the party which nominated that member, to retain ·membership of such legislature. (4) An Act of Parliament referred to in subitem (3} may also provide for- · (a) any existing party to merge with another party; or (b) any party to subdivide into more than one party.".

14. The deletion of item 24. ·

15. The amendment of item 25- (a) . by replacing the definition of "Commission" with the following definition: " 'Commission' means the Electoral Commission referred to in section 190 of the new Constitution;"; and (b) by inserting the following definition after the defmition of "national list": " 'new Constitution' means the Constitution of the Republic of South Africa, 1996;".

16. The deletion of item 26. ANNEXURE B Government of National Unity: National Sphere 1. Section 84 of the new Constitution is deemed to contain the following additional subsection: "(3) The President must consult the EXecutive Deputy Presidents (a) in the development and execution of the policies of the national government; (b) in all matters relating to the management of the Cabinet and (c) the performance of Cabinet business; in the assignment of functions to the Executive Deputy Presidents; (d) before making any appointment under the Constitution or any legislation, including the appointment of ambassadors or GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 139 CONSTITimON OF TilE REPUBUC OF SOUTII AFRICA, 1996 Act No. 108, 1996 Schedule 6- Transitional Arrangements (i) if the President is requested to do so by the leader of the party of which the Minister in question is a member; or (ii) · if it becomes necessary for the purposes of the Constitution or in the interest of good government; or (e) :·fill, when necessary, subjea to paragraph (b), a vacancy in the office of Minister. (11) Subseaion (1 0) must be implemented in the spirit embodied . in the concept of a government of national unity, and the President and the other functionaries concerned must in the implementation of that subsection seek to achieve consensus at all times: Provided that if consensus cannot be achieved on the exercise of a power referred to in paragraph (a), (c) (a) or ( d)(ii) of that subseaion, the President's decision prevails; (b) . the exercise of a power referred to in paragraph (b), (d)(i} or (e) of that subseaion affecting a person who is not a member of the President's party, the decision of the leader of the party of which that person is a member prevails; and the exercise of a power referred to in paragraph (b) or (e) of that subseaion affeaing a person who is a member of the President's party, the President's decision prevails. (c) (12) If any determination of portfolio allocations is varied under subseaion (lO)(c), the affeaed Ministers must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respeaive parties in terms of the varied determination. (13) The President- (a) in consultation with the Executive Deputy Presidents and the leaders of the participating parties, must- determine a specific portfolio for a Minister (i) referred to in subseaion (1) (b) should it become necessary pursuant to a decision of the President under that subsection; (ii) appoint in respea of that portfolio a person who is not a member of the National Assembly, as the (iii) . Minister responsible for that portfolio; and fill, if necessary, a vacancy in respea of that portfolio; or (b) after consultation with the Executive Deputy Presidents and the leaders of the participating parties, must terminate any appointment under paragraph (a) if it becomes necessary for the purposes of the Constitution or in the interest of good government. (14) Meetings of the Cabinet must be presided over by the II 140 No. 17678 GOVERNMENTG~I8DECEMBERI~6 Act No. 108, 1~6 CONSTITUTION OF TilE REPUBLIC OF SOUTH AFRICA; 1996 ·Schedule 6-'- Transitional Arrangements President, or, if the President so instructs, by an Executive Deputy President: Provided that the Executive Deputy Presidents preside over meetings of the Cabinet in turn unless the exigencies of government and the spirit embodied in the concept of a government of national unity otherwise demand. (15) The Cabinet must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity as well as the need for effective government.". 5. Section 93 of the new Constitution is deemed to read as follows: "Appointment of Deputy Ministers 93. (1) The President may, after consultation with the Executive Deputy Presidents and the leaders of the parties participating in the Cabinet, establish deputy ministerial posts. (2) A party is entitled to be allocated one or more of the deputy ministerial posts in the same proportion and according to the same formula that portfolios in the Cabinet are allocated. (3) The provisions of section 91 (10) to (12) apply, with the necessary changes, in respect of Deputy Ministers, and in such application a reference in that section to a Minister or a portfolio must be read as a reference to a Deputy Minister or a deputy ministerial post, respectively. . (4) If a person is appointed as the Deputy Minister of any portfolio entrusted to a Minister - (a) that Deputy Minister must exercise and perform on behalf of the relevant Minister any of the powers and functions assigned to that Minister in terms of any legislation or otherwise which may, subject to the directions of the President, be assigned to that Deputy Minister by that Minister; and (b) any reference in any legislation to that Minister must be construed as including a reference to the Deputy Minister acting in terms of an assignment under paragraph (a) bythe Minister for whom that Deputy Minister acts. (5) Whenever a Deputy Minister is absent or for any reason unable to exercise or perform any of the powers or functions of office, the President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister's stead, either generally or in the exercise or performance of any specific power or function.". 6. Section 96 of the new Constitution is deemed to contain the following additional subsections: "(3) Ministers are accountable individually to the President and to the National Assembly for the administration of tbeir GOVERNMENT GAZETTE, 18 DECEMBER 1996 No. 17678 141 CONSTITUTION OF THE REFUBUC OF SOUTII AFRICA, 1996 Act No. 108, 1996 Schedule 6- Transitional Arrangements portfolios, and all members of the Cabinet are correspondingly accountable collectively for the performance of the functions of the national government and for its policies. (4) Ministers must administer their portfolios in accordance with the policy determined by the Cabinet. (5) If a Minister fails to administer the portfolio in accordance with the policy of the Cabinet, the President may require the Minister concerned to bring the administration of the portfolio into conformity with that policy. (6) If the Minister concerned fails to comply with a requirement of the President under subsection (5), the President may remove the Minister from office- : (a) if it is a Minister referred to in section 91(1)(a}, after consultation with the Minister and, if the Minister is not a member of the President's party or is not the leader of a participating party, also after consultation with the leader of that Minister's party; or if it is a Minister referred to in section 91{1)(b), after consultation with the Executive Deputy Presidents and the leaders of the participating parties.". (b) ANNEXURE C Government of National Unity: Provincial Sphere Section 132 of the new Constitution is deemed to read as follows: · 1. "Executive Councils 132.{1) The Executive Council of a province consists of the Premier and not more than 10 members appointed by the Premier in accordance with this section. (2) A party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the Executive Council portfolios in proportion to the number of seats held by it in the legislature relative to the number of seats held by the other participating parties. (3) Executive Council portfolios must be allocated to the respective participating parties according to the same formula set out in section 91 (9}, and in applying that formula a reference in that section to- (a} the Cabinet, must be read as a reference to an Executive Council; (b) . a Minister, must be read as a reference to a member of an Executive Council; and L 142 No. 17678 Act No. 108, 1996 GOVERNMENTGAZETIE,18 DECEMBER 1996 CONSTITIJTION OF TilE REPUBLIC OF SO UTI! AFRICA, 1996 Schedule 6- Transitional Arrangements (c) the National Assembly, must be read as a reference to the provincia/legislature. (4) The Premier of a province after consultation with the leaders of the participating parties must- (a) ·determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them i1i terms of subsection (3); (b) appoint in respect of each such portfolio a member of the provincia/legislature who is a member of the party to which that portfolio was allocated under paragraph (a), as the member of the Executive Council responsible for that portfolio; if it becomes necessary for the purposes of the Constitution or in the interest of good government, vary any determination under paragraph (a), subject to (c) · · subsection (3); (d) terminate any appointment under paragraph (b)- (i) if the Premier is requested to do so by the leader of the party of which the Executive Council member in question is a member; or if it becomes necessary for the purposes of the Constitution or in the interest of good government; or· (ii) (e) fill, when necessary, subject to paragraph (b), a vacancy in the office of a member of the Executive Council. (5) Subsection (4) must be implemented in the spirit embodied in the concept of a government of national unity, and the Premier and the other functionaries concerned must in the implementation of that subsection seek to achieve consensus at all times: Provided that if consensus cannot be achieved on the exercise of a power referred to in paragraph (a), (c) (a) ·or ( d)(ii) of that subsection,' the Premier's decision prevails; the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that subsection affecting a person who is not a member of the Premier's party, the decision of the leader of the party of which such person is a member prevails; and (b) (c) · the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the Premier's party, the Premier's deCision prevails. (6) If any determination of portfolio allocations is varied under subsection (4)(c), the affected members must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination. (7) Meetings of an Executive Council must be presided over by GOVERNMENT GAZEITE, 18 DECEMBER 1996 No. 17678 143 CONSTITUTION OF Tiffi REPUBUC OF SOUTH AFRICA, 1996 Act No. 108, 1996 Schedule 6- Transitional Arrangements the Premier of the province. (8) An Executive Council must function in a manner which gives consideration to the consensus-seeking spirit embodied in the · concept of a government of national unity, as well as the need for effective government.". 2. Section 136 of the new Constitution is deemed to contain the following additional subsections: "(3) Members of Executive Councils are accountable individually to the Premier and to the provincia/legislature for the administration of their portfolios, and all members of the Executive Council dre correspondingly accountable collectively for the performance of the functions of the provincial government and for its policies. (4) Members of Executive Councils must administer their portfolios in accordance with the policy determined by the Council. (5) If a ~~ber of an Executive Council fails to administer the portfolio in accordance with the poliC)I of the Co~ncil, the Premier may require the member concerned to bring the administration of the portfolio into conformity udth that policy. (6) If the member concerned fails to comply with a requirement of the Premier under subsection (5), the Premier may remove the . member from office after consultation with the member, and if the member is not a member of the Premier's party or is not the leader of a participating party, also after consultation with the leader of that m~ber's party.". . . ANNEXURE D Public administration and security services: Amendments to sections of the previous Constitution . 1. The amendment of section 218 of the previous Constitution- (a) . by replacing in subsection (1) the words preceding paragraph (a) with the following words: "(1) Subject to the directions of the Minister of Safety and Security, the National Commissioner shall be responsible for-"; (b) by replacing paragraph (b) of subsection (1) with the following paragraph: "(b) the appointment of provincial commissioners;"; (c) by replacing paragraph (d) of subsection (1) with the following paragraph: "(d) the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills;"; and (d) by replacing paragraph (k) of subsection (1) with the It- 144 No. 17678 GOVERNMENT GAZETIE, 18 DECEMBER 1996 Act No. 108, 1996 CONSTITUTION OF TilE REPUBUC OF SOUTH AFRICA, 1996 Schedule 6 - Transitional Arrangements following paragraph:. "(k) the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner;". 2. 3. The amendment of section 219 of the previous Constitution by replacing in subsection (1) the words preceding paragraph (a) with the following words: "(1) Subject to section 218(1), a Provincial Commissioner shall be responsible for-". The amendment of section 224 of the previous Constitution by replacing the proviso to subsection (2) with the following proviso: "Provided that this subsection shall also apply to members of any armed force which submitted its personnel list after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), but before the adoption of the new constitutional text as envisaged in section 73 of that Constitution, if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did participate in the Transitional Executive Council o; did take part in the first election of the National Assembly and the provincial legislatures under the said Constitution.". ~ 4. The amendment of section 227 of the previous Constitution by replacing subsection (2) with the following subsection: "(2) The National Defence Force shall exercise its powers and perform its functions solely in the national interest in terms of Chapter 11 of the Constitution of the Republic of South Africa, 1996. ". 5. The amendment of section 236 of the previous Constitution- (a) by replacing subsection (1) with the following subsection: "(1) A public service, department of state, administration or security service which immediately before the commencement of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as "the new Constitution"), performed governmental functions, continues to function in terms of the legislation applicable to it until it is abolished or incorporated or integrated into any appropriate institution or is rationalised or consolidated with any other institution."; (b)· by replacing subsection (6) with the following su~section: "(6) (a) The President may appoint a commission to review the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April1993 and 30 September 1994 in respect of any person referred to in subsection (2) or any class of such persons. (b) The commission may reverse or alter a contract, appointment, promotion or award if not proper or justifiable in the circumstances of the case."; and GOVERNMENT GAZE'ITE, 18 DECEMBER 1996 No. 17678 145 CONSTITUTION OF TilE REPUBllC OF SOliTH AFRICA, 1996 Act No. 108, 1996 Schedule 6- Transitional Arrangements (c) by replacing "this Constitution», wherever this occurs in section 236, with "the new Constitution», The amendment of section 237 of the previous Constitution- 6. (a) by replacing paragraph (a) of subsection (1) with the following paragraph: "(a) The rationalisation of all institutions referred to in section 236(1), excluding military forces referred to in section 224(2), shall after the commencement of the Constitution of the Republic of South Africa, 1996, continue, with a view to establishing- (i) an effective administration in the national sphere of government to deal with matters within the jurisdiction of the national sphere; and (ii) an effective administration for each province to deal with matters within the jurisdiction of each provincial government.»; and (b) by replacing subparagraph (i) of subsection (2)(a) with the following subparagraph: "(i) institutions referred to in section 236(1), excluding military forces, shall rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments; •. 7. The amendment of section 239 of the previous Constitution by . replacing subsection (4) with the following subsection: "(4) Subject to and in accordance with any applicable law, the assets, rights, duties and liabilities of all forces referred to in section 224(2) shall devolve upon the National Defence Force in accordance with the directions of the Minister of Defence. •. u