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\title{Constitution of the Republic of South Africa}


\author{Act 108 of 1996}

\date{Assented to 16 December 1996; date of commencement 4 February
  1997. English text signed by the president.}

\setcounter{tocdepth}{1}


\begin{document}
\maketitle



\noindent
As amended by the Constitution of the Republic of South Africa:

\begin{tabular}{l}
    Act 108 of 1996\\
    Amendment Act 35 of 1997\\
    Amendment Act 65 of 1998\\
    Second Amendment Act 87 of 1998\\
    Second Amendment Act 2 of 1999\\
    Amendment Act 3 of 1999\\
    Amendment Act 34 of 2001\\
    Second Amendment Act 61 of 2001\\
    Amendment Act 18 of 2002\\
    Second Amendment Act 21 of 2002\\
    Act 2 of 2003\\
\end{tabular}

\noindent

\tableofcontents

\newpage
\noindent
\textbf{To introduce a new Constitution for the Republic of South
  Africa and to provide for matters incidental thereto.}

\subsubsection*{Preamble}

\begin{verse}
  We, the people of South Africa,\\
  Recognise the injustices of our past;\\
  Honour those who suffered for justice and freedom in our land;\\
  Respect those who have worked to build and develop our country; and\\
  Believe that South Africa belongs to all who live in it, united in our diversity.\\
  We therefore, through our freely elected representatives, adopt this
  Constitution as the supreme law of the Republic so as to--
  \begin{itemize}
  \item Heal the divisions of the past and establish a society based
    on democratic values, social justice and fundamental human rights;
  \item Lay the foundations for a democratic and open society in which
    government is based on the will of the people and every citizen is
    equally protected by law;
  \item Improve the quality of life of all citizens and free the
    potential of each person; and
  \item Build a united and democratic South Africa able to take its
    rightful place as a sovereign state in the family of nations.
  \end{itemize}

  May God protect our people.\\
  Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.\\
  God se\"en Suid-Afrika. God bless South Africa.\\
  Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
\end{verse}

\chapter{Founding provisions  (\S1--6)}

\section{Republic of South Africa}
 
The Republic of South Africa is one, sovereign, democratic state
founded on the following values:
\begin{enumerate}
\item Human dignity, the achievement of equality and the advancement
  of human rights and freedoms.
\item Non-racialism and non-sexism.
\item Supremacy of the constitution and the rule of law.
\item Universal adult suffrage, a national common voters roll, regular
  elections and a multi-party system of democratic government, to
  ensure accountability, responsiveness and openness.
\end{enumerate}

\section{Supremacy of Constitution}
 
This Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligations imposed by it
must be fulfilled.


\section{Citizenship}
\begin{enumerate}
\item There is a common South African citizenship.
\item All citizens are- 
  \begin{enumerate}
  \item equally entitled to the rights, privileges and benefits of
    citizenship; and
  \item equally subject to the duties and responsibilities of citizenship.
  \item National legislation must provide for the acquisition, loss
    and restoration of citizenship.
  \end{enumerate}
\end{enumerate}

\section{National anthem}
 
The national anthem of the Republic is determined by the President by
proclamation.

\section{National flag}
 
The national flag of the Republic is black, gold, green, white, red
and blue, as described and sketched in Schedule 1.

\section{Languages}
 
\begin{enumerate}
\item The official languages of the Republic are Sepedi, Sesotho,
  Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English,
  isiNdebele, isiXhosa and isiZulu.
\item Recognising the historically diminished use and status of the
  indigenous languages of our people, the state must take practical
  and positive measures to elevate the status and advance the use of
  these languages.
\item 
  \begin{enumerate}
  \item The national government and provincial governments may use any
    particular official languages for the purposes of government,
    taking into account usage, practicality, expense, regional
    circumstances and the balance of the needs and preferences of the
    population as a whole or in the province concerned; but the
    national government and each provincial government must use at
    least two official languages.
  \item Municipalities must take into account the language usage and
    preferences of their residents.

\end{enumerate}

\item The national government and provincial governments, by
  legislative and other measures, must regulate and monitor their use
  of official languages. Without detracting from the provisions of
  subsection (2), all official languages must enjoy parity of esteem
  and must be treated equitably.

\item A Pan South African Language Board established by national
  legislation must- 
  \begin{enumerate}
  \item promote, and create conditions for, the development and use
    of- \begin{enumerate}
    \item all official languages;
    \item the Khoi, Nama and San languages; and
    \item sign language; and
    \end{enumerate}
  \item promote and ensure respect for- \begin{enumerate}
    \item all languages commonly used by communities in South Africa,
      including German, Greek, Gujarati, Hindi, Portuguese, Tamil,
      Telegu and Urdu; and
    \item Arabic, Hebrew, Sanskrit and other languages used for
      religious purposes in South Africa.
\end{enumerate}

\end{enumerate}
\end{enumerate}


\chapter{Bill of Rights (\S7--39)}
 
\section{Rights}
\begin{enumerate}
\item This Bill of Rights is a cornerstone of democracy in South
  Africa. It enshrines the rights of all people in our country and
  affirms the democratic values of human dignity, equality and freedom.
\item The state must respect, protect, promote and fulfil the rights
  in the Bill of rights.
\item The rights in the Bill of Rights are subject to the limitations
  contained or referred to in section 36, or elsewhere in the Bill.

\end{enumerate}

\section{Application}
\begin{enumerate}
\item The Bill of Rights applies to all law, and binds the
  legislature, the executive, the judiciary and all organs of state.

\item A provision of the Bill of Rights binds a natural or a juristic
  person if, and to the extent that, it is applicable, taking into
  account the nature of the right and the nature of any duty imposed by
  the right.

\item When applying a provision of the Bill of Rights to a natural or
  juristic person in terms of subsection (2), a court--
   \begin{enumerate}
  \item in order to give effect to a right in the Bill, must apply, or
    if necessary develop, the common law to the extent that legislation
    does not give effect to that right; and
  \item may develop rules of the common law to limit the right, provided
    that the limitation is in accordance with section 36 (1).

  \end{enumerate}

\item A juristic person is entitled to the rights in the Bill of
  Rights to the extent required by the nature of the rights and the
  nature of that juristic person.
\end{enumerate}

\section{Equality}

\begin{enumerate}
\item Everyone is equal before the law and has the right to equal
  protection and benefit of the law.
\item Equality includes the full and equal enjoyment of all rights and
  freedoms. To promote the achievement of equality, legislative and
  other measures designed to protect or advance persons, or categories
  of persons, disadvantaged by unfair discrimination may be taken.
\item The state may not unfairly discriminate directly or indirectly
  against anyone on one or more grounds, including race, gender, sex,
  pregnancy, marital status, ethnic or social origin, colour, sexual
  orientation, age, disability, religion, conscience, belief, culture,
  language and birth.
\item No person may unfairly discriminate directly or indirectly
  against anyone on one or more grounds in terms of subsection
  (3). National legislation must be enacted to prevent or prohibit
  unfair discrimination.
\item Discrimination on one or more of the grounds listed in
  subsection (3) is unfair unless it is established that the
  discrimination is fair.

\end{enumerate}

\section{Human dignity}

Everyone has inherent dignity and the right to have their dignity
respected and protected.

\section{Life}

Everyone has the right to life.

\section{Freedom and security of the person.}
\begin{enumerate}
\item Everyone has the right to freedom and security of the person,
  which includes the right--
   \begin{enumerate}
  \item not to be deprived of freedom arbitrarily or without just cause;
  \item not to be detained without trial;
  \item to be free from all forms of violence from either public or
    private sources;
  \item not to be tortured in any way; and
  \item not to be treated or punished in a cruel, inhuman or degrading
    way. \end{enumerate}

\item Everyone has the right to bodily and psychological integrity,
  which includes the right- \begin{enumerate}
  \item to make decisions concerning reproduction;
  \item to security in and control over their body; and
  \item not to be subjected to medical or scientific experiments without
    their informed consent.

\end{enumerate}


\end{enumerate}

\section{Slavery, servitude and forced labour}

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


\section{Privacy}

Everyone has the right to privacy, which includes the right not to
have- 
\begin{enumerate}
\item their person or home searched;
\item their property searched;
\item their possessions seized; or
\item the privacy of their communications infringed.
\end{enumerate}

\section{Freedom of religion, belief and opinion}

\begin{enumerate}
\item Everyone has the right to freedom of conscience, religion,
  thought, belief and opinion.
\item Religious observances may be conducted at state or state-aided
  institutions, provided that- \begin{enumerate}
  \item those observances follow rules made by the appropriate public
    authorities;
  \item they are conducted on an equitable basis; and
  \item attendance at them is free and voluntary.

  \end{enumerate}

\item \begin{enumerate}
  \item This section does not prevent legislation
    recognising--
    \begin{enumerate}
    \item marriages concluded under any tradition, or a system of
      religious, personal or family law; or
    \item systems of personal and family law under any tradition, or
      adhered to by persons professing a particular religion.
    \end{enumerate}
  \item Recognition in terms of paragraph (a) must be consistent with
    this section and the other provisions of the Constitution.
  \end{enumerate}
\end{enumerate}

\section{Freedom of expression}
\begin{enumerate}
\item Everyone has the right to freedom of expression, which
  includes-- 
  \begin{enumerate}
  \item freedom of the press and other media;
  \item freedom to receive or impart information or ideas;
  \item freedom of artistic creativity; and
  \item academic freedom and freedom of scientific research.
  \end{enumerate}

\item The right in subsection (1) does not extend
  to--
   \begin{enumerate}
  \item propaganda for war;
  \item incitement of imminent violence; or
  \item advocacy of hatred that is based on race, ethnicity, gender or
    religion, and that constitutes incitement to cause harm.
  \end{enumerate}

\end{enumerate}

\section{Assembly, demonstration picket and petition}

Everyone has the right, peacefully and unarmed, to assemble, to
demonstrate, to picket and to present petitions.

\section{Freedom of association}

Everyone has the right to freedom of association.

\section{Political rights}
\begin{enumerate}
\item Every citizen is free to make political choices, which includes
  the right--
   \begin{enumerate}
  \item to form a political party;
  \item to participate in the activities of, or recruit members for, a
    political party; and
  \item to campaign for a political party or cause.
  \end{enumerate}

\item Every citizen has the right to free, fair and regular elections
  for any legislative body established in terms of the Constitution.

\item Every adult citizen has the right- \begin{enumerate}
  \item to vote in elections for any legislative body established in
    terms of the Constitution, and to do so in secret; and
  \item to stand for public office and, if elected, to hold office.
  \end{enumerate}
\end{enumerate}

\section{Citizenship}

No citizen may be deprived of citizenship.

\section{Freedom of movement and residence}
\begin{enumerate}
\item Everyone has the right to freedom of movement.
\item Everyone has the right to leave the Republic.
\item Every citizen has the right to enter, to remain in and to reside
  anywhere in, the Republic.
\item Every citizen has the right to a passport.

\end{enumerate}

\section{Freedom of trade, occupation and profession}

Every citizen has the right to choose their trade, occupation or
profession freely. The practice of a trade, occupation or profession
may be regulated by law.

\section{Labour relations}
\begin{enumerate}
\item Everyone has the right to fair labour practices.
\item Every worker has the right--
   \begin{enumerate}
  \item to form and join a trade union;
  \item to participate in the activities and programmes of a trade
    union; and
  \item to strike.
  \end{enumerate}

\item Every employer has the right--
  \begin{enumerate}
  \item to form and join an employers' organisation; and
  \item to participate in the activities and programmes of an employers'
    organisation.

  \end{enumerate}

\item Every trade union and every employers' organisation has the
  right--
   \begin{enumerate}
  \item to determine its own administration, programmes and activities;
  \item to organise; and
  \item to form and join a federation.
  \end{enumerate}

\item 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 extent that the
  legislation may limit a right in this Chapter, the limitation must
  comply with section 36 (1).
\item National legislation may recognise union security 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).
\end{enumerate}

\section{Environment}

Everyone has the right--
\begin{enumerate}
\item to an environment that is not harmful to their health or
  well-being; and
\item to have the environment protected, for the benefit of present
  and future generations, through reasonable legislative and other
  measures that- \begin{enumerate}
  \item prevent pollution and ecological degradation;
  \item promote conservation; and
  \item secure ecologically sustainable development and use of natural
    resources while promoting justifiable economic and social development.
\end{enumerate}


\end{enumerate}

\section{Property}
\begin{enumerate}
\item No one may be deprived of property except in terms of law of
  general application, and no law may permit arbitrary deprivation of
  property.
\item Property may be expropriated only in terms of law of general
  application--
   \begin{enumerate}
  \item for a public purpose or in the public interest; and
  \item 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.
  \end{enumerate}

\item 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--
   \begin{enumerate}
  \item the current use of the property;
  \item the history of the acquisition and use of the property;
  \item the market value of the property;
  \item the extent of direct state investment and subsidy in the
    acquisition and beneficial capital improvement of the property; and
  \item the purpose of the expropriation.
  \end{enumerate}

\item For the purposes of this section--
   \begin{enumerate}
  \item the public interest includes the nation's commitment to land
    reform, and to reforms to bring about equitable access to all South
    Africa's natural resources; and
  \item property is not limited to land.
  \end{enumerate}

\item 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.
\item 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.
\item A person or community dispossessed of property after 19 June
  1913 as a result of past racially discriminatory laws or practices is
  entitled, to the extent provided by an Act of Parliament, either to
  restitution of that property or to equitable redress.
\item 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).
\item Parliament must enact the legislation referred to in subsection
  (6).

\end{enumerate}

\section{Housing}
\begin{enumerate}
\item Everyone has the right to have access to adequate housing.
\item The state must take reasonable legislative and other measures,
  within its available resources, to achieve the progressive realisation
  of this right.
\item 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.
\end{enumerate}

\section{Health care, food, water and social security}
\begin{enumerate}
\item Everyone has the right to have access to- \begin{enumerate}
  \item health care services, including reproductive health care;
  \item sufficient food and water; and
  \item social security, including, if they are unable to support
    themselves and their dependents, appropriate social assistance.

  \end{enumerate}

\item The state must take reasonable legislative and other measures,
  within its available resources, to achieve the progressive realisation
  of each of these rights.
\item No one may be refused emergency medical treatment.

\end{enumerate}

\section{Children}
\begin{enumerate}
\item Every child has the right--
  \begin{enumerate}
  \item to a name and a nationality from birth;
  \item to family care or parental care, or to appropriate alternative
    care when removed from the family environment;
  \item to basic nutrition, shelter, basic health care services and
    social services;
  \item to be protected from maltreatment, neglect, abuse or
    degradation;
  \item to be protected from exploitative labour practices;
  \item not to be required or permitted to perform work or provide
    services that- \begin{enumerate}
    \item are inappropriate for a person of that child's age; or
    \item place at risk the child's well-being, education, physical or
      mental health or spiritual, moral or social development;
    \end{enumerate}

  \item not to be detained except as a measure of last resort, in which
    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- \begin{enumerate}
    \item kept separately from detained persons over the age of 18 years;
      and
    \item treated in a manner, and kept in conditions, that take account
      of the child's age;
    \end{enumerate}

  \item 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
  \item not to be used directly in armed conflict, and to be protected
    in times of armed conflict.

  \end{enumerate}

\item A child's best interests are of paramount importance in every
  matter concerning the child.
\item In this section `child' means a person under the age of 18
  years.

\end{enumerate}

\section{Education}
\begin{enumerate}
\item Everyone has the right--
   \begin{enumerate}
  \item to a basic education, including adult basic education; and
  \item to further education, which the state, through reasonable
    measures, must make progressively available and accessible.
  \end{enumerate}

\item Everyone has the right to receive education in the official
  language or languages of their choice in public educational
  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--
   \begin{enumerate}
  \item equity;
  \item practicability; and
  \item the need to redress the results of past racially discriminatory
    laws and practices.

  \end{enumerate}

\item Everyone has the right to establish and maintain, at their own
  expense, independent educational institutions that--
   \begin{enumerate}
  \item do not discriminate on the basis of race;
  \item are registered with the state; and
  \item maintain standards that are not inferior to standards at
    comparable public educational institutions.
  \end{enumerate}

\item (4) Subsection (3) does not preclude state subsidies for
  independent educational institutions.

\end{enumerate}

\section{Language and culture}

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.

\section{Cultural, religious and linguistic communities}
\begin{enumerate}
\item Persons belonging to a cultural, religious or linguistic
  community may not be denied the right, with other members of that
  community-- 
  \begin{enumerate}
  \item to enjoy their culture, practise their religion and use their
    language; and
  \item to form, join and maintain cultural, religious and linguistic
    associations and other organs of civil society.
  \end{enumerate}

\item The rights in subsection (1) may not be exercised in a manner
  inconsistent with any provision of the Bill of Rights.

\end{enumerate}

\section{Access to information}
\begin{enumerate}
\item Everyone has the right of access to- \begin{enumerate}
  \item any information held by the state; and
  \item any information that is held by another person and that is
    required for the exercise or protection of any rights.
  \end{enumerate}

\item National legislation must be enacted to give effect to this
  right, and may provide for reasonable measures to alleviate the
  administrative and financial burden on the state.

\end{enumerate}

\section{Just administrative action}
\begin{enumerate}
\item Everyone has the right to administrative action that is lawful,
  reasonable and procedurally fair.
\item Everyone whose rights have been adversely affected by
  administrative action has the right to be given written reasons.
\item National legislation must be enacted to give effect to these
  rights, and must-- 
   \begin{enumerate}
  \item provide for the review of administrative action by a court or,
    where appropriate, an independent and impartial tribunal;
  \item impose a duty on the state to give effect to the rights in
    subsections (1) and (2); and
  \item promote an efficient administration.
  \end{enumerate}


\end{enumerate}

\section{Access to courts}

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.

\section{Arrested, detained and accused persons}
\begin{enumerate}
\item Everyone who is arrested for allegedly committing an offence has
  the right-- 
  \begin{enumerate}
  \item to remain silent;
  \item to be informed promptly- \begin{enumerate}
    \item of the right to remain silent; and
    \item of the consequences of not remaining silent;
  \end{enumerate}

  \item not to be compelled to make any confession or admission that
    could be used in evidence against that person;
  \item to be brought before a court as soon as reasonably possible, but
    not later than- \begin{enumerate}
    \item 48 hours after the arrest; or
    \item 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;
    \end{enumerate}

  \item 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
  \item to be released from detention if the interests of justice
    permit, subject to reasonable conditions.
  \end{enumerate}

\item Everyone who is detained, including every sentenced prisoner,
  has the right-- 
  \begin{enumerate}
  \item to be informed promptly of the reason for being detained;
  \item to choose, and to consult with, a legal practitioner, and to be
    informed of this right promptly;
  \item 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;
  \item to challenge the lawfulness of the detention in person before a
    court and, if the detention is unlawful, to be released;
  \item to conditions of detention that are consistent with human
    dignity, including at least exercise and the provision, at state
    expense, of adequate accommodation, nutrition, reading material and
    medical treatment; and
  \item to communicate with, and be visited by, that
    person's- \begin{enumerate}
    \item spouse or partner;
    \item next of kin;
    \item chosen religious counsellor; and
    \item chosen medical practitioner.

    \end{enumerate}


  \end{enumerate}

\item Every accused person has a right to a fair trial, which includes
  the right-- 
  \begin{enumerate}
  \item to be informed of the charge with sufficient detail to answer
    it;
  \item to have adequate time and facilities to prepare a defence;
  \item to a public trial before an ordinary court;
  \item to have their trial begin and conclude without unreasonable
    delay;
  \item to be present when being tried;
  \item to choose, and be represented by, a legal practitioner, and to
    be informed of this right promptly;
  \item 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;
  \item to be presumed innocent, to remain silent, and not to testify
    during the proceedings;
  \item to adduce and challenge evidence;
  \item not to be compelled to give self-incriminating evidence;
  \item 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;
  \item 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;
  \item 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;
  \item 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
  \item of appeal to, or review by, a higher court.

  \end{enumerate}

\item Whenever this section requires information to be given to a
  person, that information must be given in a language that the person
  understands.
\item Evidence obtained in a manner that violates any right in the
  Bill of Rights must be excluded if the admission of that evidence
  would render the trial unfair or otherwise be detrimental to the
  administration of justice.

\end{enumerate}

\section{Limitation of rights}
\begin{enumerate}
\item 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- \begin{enumerate}
  \item the nature of the right;
  \item the importance of the purpose of the limitation;
  \item the nature and extent of the limitation;
  \item the relation between the limitation and its purpose; and
  \item less restrictive means to achieve the purpose.

  \end{enumerate}

\item Except as provided in subsection (1) or in any other provision
  of the Constitution, no law may limit any right entrenched in the Bill
  of Rights.

\end{enumerate}

\section{States of emergency}
\begin{enumerate}
\item A state of emergency may be declared only in terms of an Act of
  Parliament, and only when- \begin{enumerate}
  \item the life of the nation is threatened by war, invasion, general
    insurrection, disorder, natural disaster or other public emergency;
    and
  \item the declaration is necessary to restore peace and order.

  \end{enumerate}

\item A declaration of a state of emergency, and any legislation
  enacted or other action taken in consequence of that declaration, may
  be effective only--
   \begin{enumerate}
  \item prospectively; and
  \item for no more than 21 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
    emergency 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
    paragraph may be adopted only following a public debate in the
    Assembly.

  \end{enumerate}

\item Any competent court may decide on the validity
  of-- 
  \begin{enumerate}
  \item a declaration of a state of emergency;
  \item any extension of a declaration of a state of emergency; or
  \item any legislation enacted, or other action taken, in consequence
    of a declaration of a state of emergency.

  \end{enumerate}

\item 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- \begin{enumerate}
  \item the derogation is strictly required by the emergency; and
  \item the legislation- \begin{enumerate}
    \item is consistent with the Republic's obligations under
      international law applicable to states of emergency;
    \item conforms to subsection (5); and
    \item is published in the national Government Gazette as soon as
      reasonably possible after being enacted.

    \end{enumerate}


  \end{enumerate}

\item 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-- 
  \begin{enumerate}
  \item indemnifying the state, or any person, in respect of any
    unlawful act;
  \item any derogation from this section; or
  \item any derogation from a section mentioned in column 1 of the Table
    of Non-Derogable Rights, to the extent indicated opposite that section
    in column 3 of the Table.
  \end{enumerate}


\begin{table}[h]
\begin{tabular}{|c|P{4cm}|P{8cm}|}\hline
  1 & 2 & 3 \\
  \textbf{Section number}  &\textbf{Section title}  &
  \textbf{Extent to which the right is protected}\\\hline
  9 &Equality &With respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex, religion or language \\\hline
  10 &Human dignity &Entirely \\\hline
  11 &Life &Entirely \\\hline
  12 &Freedom and Security of the person &With respect to subsections (1)(d) and (e) and 2(c) \\\hline
  13 &Slavery, Servitude and forced labour &With respect to slavery and servitude \\\hline
  28 &Children &With respect to: 
\begin{itemize}
\item subsection (1) (d) and (e); 
\item the rights in subparagraphs (i) and (ii) of subsection (1) (g); and 
\item subsection (1) (i) in respect of children of 15 years and
  younger. 
\end{itemize}\\\hline
35 &Arrested, detained and accused persons &With respect to: 
\begin{itemize}
\item subsections (1) (a), (b) and (c) and (2) (d); 
\item the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d); 
\item subsection (4); and 
\item subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair.\end{itemize}\\\hline
\end{tabular}
\caption{Table of Non-Derogable Rights}
\end{table}


\item 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: \begin{enumerate}
\item An adult family member or friend of the detainee must be
contacted as soon as reasonably possible, and informed that the person
has been detained.
\item A notice must be published in the national Government Gazette
within five days of the person being detained, stating the detainee's
name and place of detention and referring to the emergency measure in
terms of which that person has been detained.
\item The detainee must be allowed to choose, and be visited at any
reasonable time by, a medical practitioner.
\item The detainee must be allowed to choose, and be visited at any
reasonable time by, a legal representative.
\item A court must review the detention as soon as reasonably
possible, 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.
\item 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 detainee unless it is still necessary to
continue the detention to restore peace and order.
\item 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.
\item 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.

\end{enumerate}

\item 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.
\item 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.

\end{enumerate}

\section{Enforcement of rights}
 
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-- 
\begin{enumerate}
\item anyone acting in their own interest;
\item anyone acting on behalf of another person who cannot act in their own name;
\item anyone acting as a member of, or in the interest of, a group or class of persons;
\item anyone acting in the public interest; and
\item an association acting in the interest of its members.

\end{enumerate}

\section{Interpretation of Bill of Rights}
\begin{enumerate}
\item When interpreting the Bill of Rights, a court, tribunal or forum- \begin{enumerate}
\item must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;
\item must consider international law; and
\item may consider foreign law.

\end{enumerate}

\item 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.
\item 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.

\end{enumerate}





\chapter{Co-operative government (\S40--41)}


\section{Government of the Republic}
\begin{enumerate}
\item In the Republic, government is constituted as national,
  provincial and local spheres of government which are distinctive,
  interdependent and interrelated.
\item 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.
\end{enumerate}

\section{Principles of co-operative government and intergovernmental
  relations}
\begin{enumerate}
\item All spheres of government and all organs of state within each sphere must- \begin{enumerate}
\item preserve the peace, national unity and the indivisibility of the Republic;
\item secure the well-being of the people of the Republic;
\item provide effective, transparent, accountable and coherent government for the Republic as a whole;
\item be loyal to the Constitution, the Republic and its people;
\item respect the constitutional status, institutions, powers and functions of government in the other spheres;
\item not assume any power or function except those conferred on them in terms of the Constitution;
\item 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
\item co-operate with one another in mutual trust and good faith by- \begin{enumerate}
\item fostering friendly relations;
\item assisting and supporting one another;
\item informing one another of, and consulting one another on, matters of common interest;
\item co-ordinating their actions and legislation with one another;
\item adhering to agreed procedures; and
\item avoiding legal proceedings against one another.

\end{enumerate}


\end{enumerate}

\item An Act of Parliament must- \begin{enumerate}
\item establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and
\item provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes.

\end{enumerate}

\item An organ of state involved 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.
\item If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved.

\end{enumerate}


\chapter{Parliament (\S42--82)}

\section{Composition of Parliament}
\begin{enumerate}
\item Parliament consists of- \begin{enumerate}
\item the National Assembly; and
\item the National Council of Provinces.
\end{enumerate}

\item The National Assembly and the National Council of Provinces
  participate in the legislative process in the manner set out in the
  Constitution.
\item The National Assembly is elected to represent the people and to
  ensure government by the people under the Constitution. It does this
  by choosing the President, by providing a national forum for public
  consideration of issues, by passing legislation and by scrutinising
  and overseeing executive action.
\item 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.
\item The President may summon Parliament to an extraordinary sitting
  at at any time to conduct special business.
\item The seat of Parliament is Cape Town, but an Act of Parliament
  enacted in accordance with section 76 (1) and (5) may determine that
  the seat of Parliament is elsewhere.

\end{enumerate}

\section{Legislative authority of the Republic}
 
In the Republic, the legislative authority- 
\begin{enumerate}
\item of the national sphere of government is vested in Parliament, as set out in section 44;
\item of the provincial sphere of government is vested in the
  provincial legislatures, as set out in section 104; and
\item of the local sphere of government is vested in the Municipal
  Councils, as set out in section 156.
\end{enumerate}

\section{National legislative authority}
\begin{enumerate}
\item The national legislative authority as vested in Parliament- \begin{enumerate}
\item confers on the National Assembly the power- \begin{enumerate}
\item to amend the Constitution;
\item to pass legislation with regard to any matter, including a 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
\item to assign any of its legislative powers, except the power to
  amend the Constitution, to any legislative body in another sphere of
  government; and
\end{enumerate}

\item confers on the National Council of Provinces the
  power- \begin{enumerate}
  \item to participate in amending the Constitution in accordance with
    section 74;
  \item 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
  \item to consider, in accordance with section 75, any other
    legislation passed by the National Assembly.
\end{enumerate}


\end{enumerate}

\item Parliament may intervene, by passing legislation in accordance
  with section 76 (1), with regard to a matter falling within a
  functional area listed in Schedule 5, when it is
  necessary- \begin{enumerate}
  \item to maintain national security;
  \item to maintain economic unity;
  \item to maintain essential national standards;
  \item to establish minimum standards required for the rendering of
    services; or
  \item to prevent unreasonable action taken by a province which is
    prejudicial to the interests of another province or to the country
    as a whole.

\end{enumerate}

\item 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.
\item 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.

\end{enumerate}

\section{Joint rules and orders and joint committees}
\begin{enumerate}
\item 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, including
  rules and orders- \begin{enumerate}
  \item to determine procedures to facilitate the legislative process,
    including setting a time limit for completing any step in the
    process;
  \item to establish joint committees composed of representatives from
    both the Assembly and the Council to consider and report on Bills
    envisaged in sections 74 and 75 that are referred to such a
    committee;
  \item to establish a joint committee to review the Constitution at
    least annually; and
  \item to regulate the business of- \begin{enumerate}
    \item the joint rules committee;
    \item the Mediation Committee;
    \item the constitutional review committee; and
    \item any joint committees established in terms of paragraph (b).
    \end{enumerate}
\end{enumerate}

\item 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.
\end{enumerate}



\heading{The National Assembly}

\section{Composition and election}
\begin{enumerate}
\item Subject to Schedule 6A, the National Assembly consists of no
fewer than 350 and no more than 400 women and men elected as members
in terms of an electoral system that- \begin{enumerate}
\item is prescribed by national legislation;
\item is based on the national common voters roll;
\item provides for a minimum voting age of 18 years; and
\item results, in general, in proportional representation.
\end{enumerate}

\item An Act of Parliament must provide a formula for determining the
number of members of the National Assembly.

\end{enumerate}


\emph{[Sub-s. (1) amended by s. 1 of Act 2 of 2003]}

\section{Membership}
\begin{enumerate}
\item Every citizen who is qualified to vote for the National Assembly
  is eligible to be a member of the Assembly,
  except- \begin{enumerate}
  \item anyone who is appointed by, or is in the service of, the state
    and receives remuneration for that appointment or service, other
    than- \begin{enumerate}
    \item the President, Deputy President, Ministers and Deputy
      Ministers; and
    \item other office-bearers whose functions are compatible with the
      functions of a member of the Assembly, and have been declared
      compatible with those functions by national legislation;
\end{enumerate}

\item permanent delegates to the National Council of Provinces or
  members of a provincial legislature or a Municipal Council;
\item unrehabilitated insolvents;
\item anyone declared to be of unsound mind by a court of the
  Republic; or
\item 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 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.

\end{enumerate}

\item 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
  for the Assembly, subject to any limits or conditions established by
  national legislation.
\item A person loses membership of the National Assembly if that
  person- \begin{enumerate}
  \item ceases to be eligible; or
  \item is absent from the Assembly without permission in
    circumstances for which the rules and orders of the Assembly
    prescribe loss of membership; or
  \item ceases to be a member of the party that nominated that person
    as a member of the Assembly, unless that member has become a
    member of another party in accordance with Schedule 6A.
\end{enumerate}

\emph{[ Sub-s. 3 substituted by s.2 of Act 2 of 2003]}

\item Vacancies in the National Assembly must be filled in terms of
  national legislation.
\end{enumerate}

\section{Oath or affirmation}
 
 Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2. 

 \section{Duration of National Assembly}
\begin{enumerate}
\item The National Assembly is elected for a term of five years.
\item If the National Assembly is dissolved in terms of section 50, or when its term 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. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the National Assembly.
 
  \emph{[Sub-s. (2) substituted by s. 1 of Act 2 of 1999.]}

\item 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 set aside by a court, the President, by
  proclamation, must call and set dates for another election, which
  must be held within 90 days of the expiry of that period or of the
  date on which the election was set aside.
\item The National Assembly remains competent to function from the
  time it is dissolved or its term expires, until the day before the
  first day of polling for the next Assembly.

\end{enumerate}

\section{Dissolution of National Assembly before expiry of its term}
\begin{enumerate}
\item The President must dissolve the National Assembly if- \begin{enumerate}
\item the Assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members; and 
\item three years have passed since the Assembly was elected.

\end{enumerate}

\item The Acting President must dissolve the National Assembly
  if- \begin{enumerate}
  \item there is a vacancy in the office of President; and
  \item the Assembly fails to elect a new President within 30 days
    after the vacancy occurred.
\end{enumerate}


\end{enumerate}

\section{Sittings and recess periods}
\begin{enumerate}
\item After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the Chief Justice, 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.
 
\emph{[Sub-s. (1) substituted by s. 1 of Act 34 of 2001.]}
\item The President may summon the National Assembly to an
  extraordinary sitting at any time to conduct special business.
\item 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.
\end{enumerate}

\section{Speaker and Deputy Speaker}
\begin{enumerate}
\item 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.
\item The Chief Justice 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.

\emph{[Sub-s. (2) substituted by s. 2 of Act 34 of 2001.]}

\item The procedure set out in Part A of Schedule 3 applies to the
  election of the Speaker and the Deputy Speaker.

\item 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.

\item 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.

\end{enumerate}

\section{Decisions}
\begin{enumerate}
\item Except where the Constitution provides
  otherwise- \begin{enumerate}
  \item 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;
  \item at least one third of the members must be present before a
    vote may be taken on any other question before the Assembly; and
  \item all questions before the Assembly are decided by a majority of
    the votes cast.

\end{enumerate}

\item The member of the National Assembly presiding at a meeting of
  the Assembly has no deliberative vote, but- \begin{enumerate}
  \item must cast a deciding vote when there is an equal number of
    votes on each side of a question; and
  \item 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.
\end{enumerate}


\end{enumerate}

\section{Rights of certain Cabinet members and Deputy Ministers in the National Assembly}
 
The President and any member of the Cabinet or any Deputy Minister who
is not a member of the National Assembly may, subject to the rules and
orders of the Assembly, attend and speak in the Assembly, but may not
vote.
 
\emph{[S. 54 substituted by s. 3 of Act 34 of 2001.]}

\section{Powers of National Assembly}

\begin{enumerate}
\item In exercising its legislative power, the National Assembly
  may- \begin{enumerate}
  \item consider, pass, amend or reject any legislation before the
    Assembly; and,
  \item initiate or prepare legislation, except money Bills.

\end{enumerate}

\item The National Assembly must provide for
  mechanisms- \begin{enumerate}
  \item to ensure that all executive organs of state in the national
    sphere of government are accountable to it; and
  \item to maintain oversight of- \begin{enumerate}
  \item the exercise of national executive authority, including the
    implementation of legislation; and
  \item any organ of state.
\end{enumerate}

\end{enumerate}


\end{enumerate}

\section{Evidence or information before National Assembly}

The National Assembly or any of its committees may- \begin{enumerate}
\item summon any person to appear before it to give evidence on oath
  or affirmation, or to produce documents;
\item require any person or institution to report to it;
\item 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
\item receive petitions, representations or submissions from any
  interested persons or institutions.
\end{enumerate}

\section{Internal arrangements, proceedings and procedures of National
  Assembly}
\begin{enumerate}
\item The National Assembly may- \begin{enumerate}
  \item determine and control its internal arrangements, proceedings and
    procedures; and
  \item make rules and orders concerning its business, with due regard
    to representative and participatory democracy, accountability,
    transparency and public involvement.

  \end{enumerate}

\item The rules and orders of the National Assembly must provide
  for- \begin{enumerate}
  \item the establishment, composition, powers, functions, procedures
    and duration of its committees;
  \item the participation in the proceedings of the Assembly and its
    committees of minority parties represented in the Assembly, in a
    manner consistent with democracy;
  \item 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
  \item the recognition of the leader of the largest opposition party in
    the Assembly as the Leader of the Opposition.

  \end{enumerate}


\end{enumerate}

\section{Privilege}
\begin{enumerate}
\item Cabinet members, Deputy Ministers and members of the National
  Assembly- \begin{enumerate}
  \item have freedom of speech in the Assembly and in its committees,
    subject to its rules and orders; and
  \item are not liable to civil or criminal proceedings, arrest,
    imprisonment or damages for- \begin{enumerate}
    \item anything that they have said in, produced before or submitted to
      the Assembly or any of its committees; or
    \item anything revealed as a result of anything that they have said
      in, produced before or submitted to the Assembly or any of its
      committees.

    \end{enumerate}


  \end{enumerate}

  
  \emph{[Sub-s. (1) amended by s. 4 of Act 34 of 2001.]}
\item Other privileges and immunities of the National Assembly,
  Cabinet members and members of the Assembly may be prescribed by
  national legislation.
\item Salaries, allowances and benefits payable to members of the
  National Assembly are a direct charge against the National Revenue
  Fund.

\end{enumerate}

\section{Public access to and involvement in National Assembly}
\begin{enumerate}
\item The National Assembly must- \begin{enumerate}
  \item facilitate public involvement in the legislative and other
    processes of the Assembly and its committees; and
  \item conduct its business in an open manner, and hold its sittings,
    and those of its committees, in public, but reasonable measures may be
    taken- \begin{enumerate}
    \item to regulate public access, including access of the media, to the
      Assembly and its committees; and
    \item to provide for the searching of any person and, where
      appropriate, the refusal of entry to, or the removal of, any person.

    \end{enumerate}


  \end{enumerate}

\item The National Assembly may not exclude the public, including the
  media, from a sitting of a committee unless it is reasonable and
  justifiable to do so in an open and democratic society.

\end{enumerate}

\heading{National Council of Provinces}

\section{Composition of National Council}
\begin{enumerate}
\item The National Council of Provinces is composed of a single
  delegation from each province consisting of ten delegates.
\item The ten delegates are- \begin{enumerate}
  \item four special delegates consisting of- \begin{enumerate}
    \item the Premier of the province 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
    \item three other special delegates; and

    \end{enumerate}

  \item six permanent delegates appointed in terms of section 61 (2).

  \end{enumerate}

\item 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.

\end{enumerate}

\section{Allocation of delegates}
\begin{enumerate}
\item 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.
\item \begin{enumerate}
  \item A provincial legislature must, within 30 days after the result
    of an election of that legislature is declared- \begin{enumerate}
    \item 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
    \item appoint the permanent delegates in accordance with the
      nominations of the parties.

    \end{enumerate}

  \item If the composition of a provincial legislature is changed on
    account of changes of party membership, mergers between parties,
    subdivision of parties or subdivision and merger of parties within
    that legislature, it must within 30 days after such
    change- \begin{enumerate}
    \item determine, in accordance with the national legislation referred
      to in paragraph (a), how many of each party's delegates are to be
      permanent delegates and how many are to be special delegates; and
    \item appoint the permanent delegates in accordance with the
      nominations of the parties.

    \end{enumerate}


  \end{enumerate}

  
  \emph{[Sub-s. (2) substituted by s. 1 of Act 21 of 2002.]}
\item 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.
\item 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.

\end{enumerate}

\section{Permanent delegates}
\begin{enumerate}
\item A person nominated as a permanent delegate must be eligible to
  be a member of the provincial legislature.
\item 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.
\item Permanent delegates are appointed for a term that
  expires- \begin{enumerate}
  \item immediately before the first sitting of a provincial legislature
    after its next election; or
  \item on the day before the appointment of permanent delegates in
    accordance with section 61 (2) (b) (ii) takes effect.

  \end{enumerate}

  
  \emph{[Sub-s. (3) substituted by s. 2 of Act 21 of 2002.]}
\item A person ceases to be a permanent delegate if that
  person- \begin{enumerate}
  \item ceases to be eligible to be a member of the provincial
    legislature for any reason other than being appointed as a permanent
    delegate;
  \item becomes a member of the Cabinet;
  \item has lost the confidence of the provincial legislature and is
    recalled by the party that nominated that person;
  \item ceases to be a member of the party that nominated that person
    and is recalled by that party; or
  \item is absent from the National Council of Provinces without
    permission in circumstances for which the rules and orders of the
    Council prescribe loss of office as a permanent delegate.

  \end{enumerate}

\item Vacancies among the permanent delegates must be filled in terms
  of national legislation.
\item Before permanent delegates begin to perform their functions in
  the National Council of Provinces, they must swear or affirm
  faithfulness to the Republic and obedience to the Constitution, in
  accordance with Schedule 2.

\end{enumerate}

\section{Sittings of National Council}
\begin{enumerate}
\item The National Council of Provinces may determine the time and
  duration of its sittings and its recess periods.
\item The President may summon the National Council of Provinces to an
  extraordinary sitting at any time to conduct special business.
\item Sittings of the National Council of Provinces 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 Council.

\end{enumerate}

\section{Chairperson and Deputy Chairpersons}
\begin{enumerate}
\item The National Council of Provinces must elect a Chairperson and
  two Deputy Chairpersons from among the delegates.
\item The Chairperson and one of the Deputy Chairpersons are elected
  from among the permanent delegates for five years unless their terms
  as delegates expire earlier.
\item The other Deputy Chairperson is elected for a term of one year,
  and must be succeeded by a delegate from another province, so that
  every province is represented in turn.
\item The Chief Justice must preside over the election of the
  Chairperson, or designate another judge to do so. The Chairperson
  presides over the election of the Deputy Chairpersons.
  
  \emph{[Sub-s. (4) substituted by s. 5 of Act 34 of 2001.]}
\item The procedure set out in Part A of Schedule 3 applies to the
  election of the Chairperson and the Deputy Chairpersons.
\item The National Council of Provinces may remove the Chairperson or
  a Deputy Chairperson from office.
\item In terms of its rules and orders, the National Council of
  Provinces may elect from among the delegates other presiding officers
  to assist the Chairperson and Deputy Chairpersons.

\end{enumerate}

\section{Decisions}
\begin{enumerate}
\item Except where the Constitution provides
  otherwise- \begin{enumerate}
  \item each province has one vote, which is cast on behalf of the
    province by the head of its delegation; and
  \item all questions before the National Council of Provinces are
    agreed when at least five provinces vote in favour of the question.

  \end{enumerate}

\item An Act of Parliament, enacted in accordance with the procedure
  established by either subsection (1) or subsection (2) of section 76,
  must provide for a uniform procedure in terms of which provincial
  legislatures confer authority on their delegations to cast votes on
  their behalf.

\end{enumerate}

\section{Participation by members of National executive}
\begin{enumerate}
\item Cabinet members and Deputy Ministers may attend, and may speak
  in, the National Council of Provinces, but may not vote.
\item The National Council of Provinces may require a Cabinet member,
  a Deputy Minister or an official in the national executive or a
  provincial executive to attend a meeting of the Council or a committee
  of the Council.

\end{enumerate}

\section{Participation by local government representatives}

Not more than ten part-time representatives designated by organised
local government in terms of section 163, to represent the different
categories of municipalities, may participate when necessary in the
proceedings of the National Council of Provinces, but may not vote.

\section{Powers of National Council}

In exercising its legislative power, the National Council of
Provinces may- \begin{enumerate}
\item consider, pass, amend, propose amendments to or reject any
  legislation before the Council, in accordance with this Chapter; and
\item initiate or prepare legislation falling within a functional area
  listed in Schedule 4 or other legislation referred to in section 76
  (3), but may not initiate or prepare money Bills.

\end{enumerate}

\section{Evidence or information before National Council}

The National Council of Provinces or any of its committees
may- \begin{enumerate}
\item summon any person to appear before it to give evidence on oath
  or affirmation or to produce documents;
\item require any institution or person to report to it;
\item 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
\item receive petitions, representations or submissions from any
  interested persons or institutions.

\end{enumerate}

\section{Internal arrangements, proceedings and procedures of National
  Council}
\begin{enumerate}
\item The National Council of Provinces may- \begin{enumerate}
  \item determine and control its internal arrangements, proceedings and
    procedures; and
  \item make rules and orders concerning its business, with due regard
    to representative and participatory democracy, accountability,
    transparency and public involvement.

  \end{enumerate}

\item The rules and orders of the National Council of Provinces must
  provide for- \begin{enumerate}
  \item the establishment, composition, powers, functions, procedures
    and duration of its committees;
  \item the participation of all the provinces in its proceedings in a
    manner consistent with democracy; and
  \item the participation in the proceedings of the Council and its
    committees of minority parties represented in the Council, in a manner
    consistent with democracy, whenever a matter is to be decided in
    accordance with section 75.

  \end{enumerate}


\end{enumerate}

\section{Privilege}
\begin{enumerate}
\item Delegates to the National Council of Provinces and the persons
  referred to in sections 66 and 67 - \begin{enumerate}
  \item have freedom of speech in the Council and in its committees,
    subject to its rules and orders; and
  \item are not liable to civil or criminal proceedings, arrest,
    imprisonment or damages for- \begin{enumerate}
    \item anything that they have said in, produced before or submitted to
      the Council or any of its committees; or
    \item anything revealed as a result of anything that they have said
      in, produced before or submitted to the Council or any of its
      committees.

    \end{enumerate}


  \end{enumerate}

\item Other privileges and immunities of the National Council of
  Provinces, delegates to the Council and persons referred to in
  sections 66 and 67 may be prescribed by national legislation.
\item Salaries, allowances and benefits payable to permanent members
  of the National Council of Provinces are a direct charge against the
  National Revenue Fund.

\end{enumerate}

\section{Public access to and involvement in National Council}
\begin{enumerate}
\item The National Council of Provinces must- \begin{enumerate}
  \item facilitate public involvement in the legislative and other
    processes of the Council and its committees; and
  \item conduct its business in an open manner, and hold its sittings,
    and those of its committees, in public, but reasonable measures may be
    taken- \begin{enumerate}
    \item to regulate public access, including access of the media, to the
      Council and its committees; and
    \item to provide for the searching of any person and, where
      appropriate, the refusal of entry to, or the removal of, any person.

    \end{enumerate}


  \end{enumerate}

\item The National Council of Provinces may not exclude the public,
  including the media, from a sitting of a committee unless it is
  reasonable and justifiable to do so in an open and democratic society.

\end{enumerate}

\heading{National Legislative Process}

\section{All Bills}
\begin{enumerate}
\item Any Bill may be introduced in the National Assembly.
\item Only a Cabinet member or a Deputy Minister, or a member or
  committee of the National Assembly, may introduce a Bill in the
  Assembly, but only the Cabinet member responsible for national
  financial matters may introduce the following Bills in the
  Assembly: \begin{enumerate}
  \item a money Bill; or
  \item a Bill which provides for legislation envisaged in section 214.

  \end{enumerate}

  
  \emph{[Sub-s. (2) substituted by s. 1 (a) of Act 61 of 2001.]}
\item A Bill referred to in section 76 (3), except a Bill referred to
  in subsection (2) (a) or (b) of this section, may be introduced in the
  National Council of Provinces.
  
  \emph{[Sub-s. (3) substituted by s. 1 (b) of Act 61 of 2001.]}
\item Only a member or committee of the National Council of Provinces
  may introduce a Bill in the Council.
\item A Bill passed by the National Assembly must be referred to the
  National Council of Provinces if it must be considered by the
  Council. A Bill passed by the Council must be referred to the
  Assembly.

\end{enumerate}

\section{Bills amending the Constitution}
\begin{enumerate}
\item Section 1 and this subsection may be amended by a Bill passed
  by- \begin{enumerate}
  \item the National Assembly, with a supporting vote of at least 75 per
    cent of its members; and
  \item the National Council of Provinces, with a supporting vote of at
    least six provinces.

  \end{enumerate}

\item Chapter 2 may be amended by a Bill passed by- \begin{enumerate}
  \item the National Assembly, with a supporting vote of at least two
    thirds of its members; and
  \item the National Council of Provinces, with a supporting vote of at
    least six provinces.

  \end{enumerate}

\item Any other provision of the Constitution may be amended by a Bill
  passed- \begin{enumerate}
  \item by the National Assembly, with a supporting vote of at least two
    thirds of its members; and
  \item also by the National Council of Provinces, with a supporting
    vote of at least six provinces, if the amendment- \begin{enumerate}
    \item relates to a matter that affects the Council;
    \item alters provincial boundaries, powers, functions or institutions;
      or
    \item amends a provision that deals specifically with a provincial
      matter.

    \end{enumerate}


  \end{enumerate}

\item A Bill amending the Constitution may not include provisions
  other than constitutional amendments and matters connected with the
  amendments.
\item At least 30 days before a Bill amending the Constitution is
  introduced in terms of section 73 (2), the person or committee
  intending to introduce the Bill must- \begin{enumerate}
  \item publish in the national Government Gazette, and in accordance
    with the rules and orders of the National Assembly, particulars of the
    proposed amendment for public comment;
  \item submit, in accordance with the rules and orders of the Assembly,
    those particulars to the provincial legislatures for their views; and
  \item submit, in accordance with the rules and orders of the National
    Council of Provinces, those particulars to the Council for a public
    debate, if the proposed amendment is not an amendment that is required
    to be passed by the Council.

  \end{enumerate}

\item When a Bill amending the Constitution is introduced, the person
  or committee introducing the Bill must submit any written comments
  received from the public and the provincial
  legislatures- \begin{enumerate}
  \item to the Speaker for tabling in the National Assembly; and
  \item in respect of amendments referred to in subsection (1), (2) or
    (3) (b), to the Chairperson of the National Council of Provinces for
    tabling in the Council.

  \end{enumerate}

\item A Bill amending the Constitution may not be put to the vote in
  the National Assembly within 30 days of- \begin{enumerate}
  \item its introduction, if the Assembly is sitting when the Bill is
    introduced; or
  \item its tabling in the Assembly, if the Assembly is in recess when
    the Bill is introduced.

  \end{enumerate}

\item If a Bill referred to in subsection (3) (b), or any part of the
  Bill, concerns only a specific province or provinces, the National
  Council of Provinces may not pass the Bill or the relevant part unless
  it has been approved by the legislature or legislatures of the
  province or provinces concerned.
\item A Bill amending the Constitution that has been passed by the
  National Assembly and, where applicable, by the National Council of
  Provinces, must be referred to the President for assent.

\end{enumerate}

\section{Ordinary Bills not affecting provinces}
\begin{enumerate}
\item When the National Assembly passes a Bill other than a Bill to
  which the procedure set out in section 74 or 76 applies, the Bill must
  be referred to the National Council of Provinces and dealt with in
  accordance with the following procedure: \begin{enumerate}
  \item The Council must- \begin{enumerate}
    \item pass the Bill;
    \item pass the Bill subject to amendments proposed by it; or
    \item reject the Bill.

    \end{enumerate}

  \item If the Council passes the Bill without proposing amendments, the
    Bill must be submitted to the President for assent.
  \item If the Council rejects the Bill or passes it subject to
    amendments, the Assembly must reconsider the Bill, taking into account
    any amendment proposed by the Council, and may- \begin{enumerate}
    \item pass the Bill again, either with or without amendments; or
    \item decide not to proceed with the Bill.

    \end{enumerate}

  \item A Bill passed by the Assembly in terms of paragraph (c) must be
    submitted to the President for assent.

  \end{enumerate}

\item When the National Council of Provinces votes on a question in
  terms of this section, section 65 does not apply;
  instead- \begin{enumerate}
  \item each delegate in a provincial delegation has one vote;
  \item at least one third of the delegates must be present before a
    vote may be taken on the question; and
  \item the question is decided by a majority of the votes cast, but if
    there is an equal number of votes on each side of the question, the
    delegate presiding must cast a deciding vote.

  \end{enumerate}


\end{enumerate}

\section{Ordinary Bills affecting provinces}
\begin{enumerate}
\item When the National Assembly passes a Bill referred to in
  subsection (3), (4) or (5), the Bill must be referred to the National
  Council of Provinces and dealt with in accordance with the following
  procedure: \begin{enumerate}
  \item The Council must- \begin{enumerate}
    \item pass the Bill;
    \item pass an amended Bill; or
    \item reject the Bill.

    \end{enumerate}

  \item If the Council passes the Bill without amendment, the Bill must
    be submitted to the President for assent.
  \item If the Council passes an amended Bill, the amended Bill must be
    referred to the Assembly, and if the Assembly passes the amended Bill,
    it must be submitted to the President for assent.
  \item 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- \begin{enumerate}
    \item the Bill as passed by the Assembly;
    \item the amended Bill as passed by the Council; or
    \item another version of the Bill.

    \end{enumerate}

  \item 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.
  \item 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.
  \item 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.
  \item 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.
  \item 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 supporting vote of at least two thirds of its
    members.
  \item If a Bill referred to the Assembly in terms of paragraph (g) or
    (h) is not passed by the Assembly, that Bill lapses, but the Bill as
    originally passed by the Assembly may again be passed by the Assembly,
    but with a supporting vote of at least two thirds of its members.
  \item A Bill passed by the Assembly in terms of paragraph (e), (i) or
    (j) must be submitted to the President for assent.

  \end{enumerate}

\item 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: \begin{enumerate}
  \item The Assembly must- \begin{enumerate}
    \item pass the Bill;
    \item pass an amended Bill; or
    \item reject the Bill.

    \end{enumerate}

  \item A Bill passed by the Assembly in terms of paragraph (a) (i) must
    be submitted to the President for assent.
  \item If the Assembly passes an amended Bill, the amended Bill must be
    referred to the Council, and if the Council passes the amended Bill,
    it must be submitted to the President for assent.
  \item 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- \begin{enumerate}
    \item the Bill as passed by the Council;
    \item the amended Bill as passed by the Assembly; or
    \item another version of the Bill.

    \end{enumerate}

  \item If the Mediation Committee is unable to agree within 30 days of
    the Bill's referral to it, the Bill lapses.
  \item 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.
  \item 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.
  \item 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.
  \item If a Bill referred to the Assembly in terms of paragraph (f) or
    (h) is not passed by the Assembly, the Bill lapses.

  \end{enumerate}

\item A Bill must be dealt with in accordance with the procedure
  established by either subsection (1) or subsection (2) if it falls
  within a functional area listed in Schedule 4 or provides for
  legislation envisaged in any of the following
  sections: \begin{enumerate}
  \item Section 65 (2);
  \item section 163;
  \item section 182;
  \item section 195 (3) and (4);
  \item section 196; and
  \item section 197.

  \end{enumerate}

\item A Bill must be dealt with in accordance with the procedure
  established by subsection (1) if it provides for
  legislation- \begin{enumerate}
  \item envisaged in section 44 (2) or 220 (3); or
  \item envisaged in Chapter 13, and which affects the financial
    interests of the provincial sphere of government.

  \end{enumerate}

\item A Bill envisaged in section 42 (6) must be dealt with in
  accordance with the procedure established by subsection (1), except
  that- \begin{enumerate}
  \item 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 favour of it; and
  \item if the Bill is referred to the Mediation Committee, the
    following rules apply: \begin{enumerate}
    \item 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 of it.
    \item If the National Assembly considers or reconsiders a Bill
      envisaged in subsection (1) (e), (i) or (j), that Bill may be passed
      only if at least two thirds of the members of the Assembly vote in
      favour of it.

    \end{enumerate}


  \end{enumerate}

\item This section does not apply to money Bills.

\end{enumerate}

\section{Money Bills}
\begin{enumerate}
\item A Bill is a money Bill if it- \begin{enumerate}
  \item appropriates money;
  \item imposes national taxes, levies, duties or surcharges;
  \item abolishes or reduces, or grants exemptions from, any national
    taxes, levies, duties or surcharges; or
  \item authorises direct charges against the National Revenue Fund,
    except a Bill envisaged in section 214 authorising direct charges.

  \end{enumerate}

\item A money Bill may not deal with any other matter
  except- \begin{enumerate}
  \item a subordinate matter incidental to the appropriation of money;
  \item the imposition, abolition or reduction of national taxes,
    levies, duties or surcharges;
  \item the granting of exemption from national taxes, levies, duties or
    surcharges; or
  \item the authorisation of direct charges against the National Revenue
    Fund.

  \end{enumerate}

\item 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.

\end{enumerate}

\emph{[S. 77 substituted by s. 2 of Act 61 of 2001.]}

\section{Mediation Committee}
\begin{enumerate}
\item The Mediation Committee consists of- \begin{enumerate}
  \item nine members of the National Assembly elected by the Assembly in
    accordance with a procedure that is prescribed by the rules and orders
    of the Assembly and results in the representation of parties in
    substantially the same proportion that the parties are represented in
    the Assembly; and
  \item one delegate from each provincial delegation in the National
    Council of Provinces, designated by the delegation.

  \end{enumerate}

\item The Mediation Committee has agreed on a version of a Bill, or
  decided a question, when that version, or one side of the question, is
  supported by- \begin{enumerate}
  \item at least five of the representatives of the National Assembly;
    and
  \item at least five of the representatives of the National Council of
    Provinces.

  \end{enumerate}


\end{enumerate}

\section{Assent to Bills}
\begin{enumerate}
\item 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.
\item The joint rules and orders must provide for the procedure for
  the reconsideration of a Bill by the National Assembly and the
  participation of the National Council of Provinces in the process.
\item The National Council of Provinces must participate in the
  reconsideration of a Bill that the President has referred back to the
  National Assembly if- \begin{enumerate}
  \item the President's reservations about the constitutionality of the
    Bill relate to a procedural matter that involves the Council; or
  \item section 74 (1), (2) or (3) (b) or 76 was applicable in the
    passing of the Bill.

  \end{enumerate}

\item If, after reconsideration, a Bill fully accommodates the
  President's reservations, the President must assent to and sign the
  Bill; if not, the President must either- \begin{enumerate}
  \item assent to and sign the Bill; or
  \item refer it to the Constitutional Court for a decision on its
    constitutionality.

  \end{enumerate}

\item If the Constitutional Court decides that the Bill is
  constitutional, the President must assent to and sign it.

\end{enumerate}

\section{Application by members of National Assembly to Constitutional
  Court}
\begin{enumerate}
\item 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.
\item An application- \begin{enumerate}
  \item must be supported by at least one third of the members of the
    National Assembly; and
  \item must be made within 30 days of the date on which the President
    assented to and signed the Act.

  \end{enumerate}

\item The Constitutional Court may order that all or part of an Act
  that is the subject of an application in terms of subsection (1) has
  no force until the Court has decided the application
  if- \begin{enumerate}
  \item the interests of justice require this; and
  \item the application has a reasonable prospect of success.

  \end{enumerate}

\item If an application is unsuccessful, and did not have a reasonable
  prospect of success, the Constitutional Court may order the applicants
  to pay costs.

\end{enumerate}

\section{Publication of Acts} 

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.

\section{Safekeeping of Acts of Parliament}

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.


\chapter{The president and national executive (\S 83-102)}
 
\section{The President}
The President-- 
\begin{enumerate}
\item is the Head of State and head of the national executive;
\item must uphold, defend and respect the Constitution as the supreme
  law of the Republic; and
\item promotes the unity of the nation and that which will advance the
  Republic.
\end{enumerate}

\section{Powers and functions of President}
\begin{enumerate}
\item The President has the powers entrusted by the Constitution and
  legislation, including those necessary to perform the functions of
  Head of State and head of the national executive.
\item The President is responsible for- \begin{enumerate}
  \item assenting to and signing Bills;
  \item referring a Bill back to the National Assembly for
    reconsideration of the Bill's constitutionality;
  \item referring a Bill to the Constitutional Court for a decision on
    the Bill's constitutionality;
  \item summoning the National Assembly, the National Council of
    Provinces or Parliament to an extraordinary sitting to conduct special
    business;
  \item making any appointments that the Constitution or legislation
    requires the President to make, other than as head of the national
    executive;
  \item appointing commissions of inquiry;
  \item calling a national referendum in terms of an Act of Parliament;
  \item receiving and recognising foreign diplomatic and consular
    representatives;
  \item appointing ambassadors, plenipotentiaries, and diplomatic and
    consular representatives;
  \item pardoning or reprieving offenders and remitting any fines,
    penalties or forfeitures; and
  \item conferring honours.

  \end{enumerate}


\end{enumerate}

\section{Executive authority of the Republic}
\begin{enumerate}
\item The executive authority of the Republic is vested in the
  President.
\item The President exercises the executive authority, together with
  the other members of the Cabinet, by- \begin{enumerate}
  \item implementing national legislation except where the Constitution
    or an Act of Parliament provides otherwise;
  \item developing and implementing national policy;
  \item co-ordinating the functions of state departments and
    administrations;
  \item preparing and initiating legislation; and
  \item performing any other executive function provided for in the
    Constitution or in national legislation.

  \end{enumerate}


\end{enumerate}

\section{Election of President}
\begin{enumerate}
\item At its first sitting after its election, and whenever necessary
  to fill a vacancy, the National Assembly must elect a woman or a man
  from among its members to be the President.
\item The Chief Justice must preside over the election of the
  President, or designate another judge to do so. The procedure set out
  in Part A of Schedule 3 applies to the election of the President.
  
  \emph{[Sub-s. (2) substituted by s. 6 of Act 34 of 2001.]}
\item An election to fill a vacancy in the office of President must be
  held at a time and on a date determined by the Chief Justice, but not
  more than 30 days after the vacancy occurs.
  
  \emph{[Sub-s. (3) substituted by s. 6 of Act 34 of 2001.]}

\end{enumerate}

\section{Assumption of office by President}

When elected President, a person ceases to be a member of the
National Assembly and, within five days, must assume office by
swearing or affirming faithfulness to the Republic and obedience to
the Constitution, in accordance with Schedule 2.

\section{Term of office of President}
\begin{enumerate}
\item The President's term of office begins on assuming office and
  ends upon a vacancy occurring or when the person next elected
  President assumes office.
\item No person may hold office as President for more than two terms,
  but when a person is elected to fill a vacancy in the office of
  President, the period between that election and the next election of a
  President is not regarded as a term.

\end{enumerate}

\section{Removal of President}
\begin{enumerate}
\item The National Assembly, by a resolution adopted with a supporting
  vote of at least two thirds of its members, may remove the President
  from office only on the grounds of- \begin{enumerate}
  \item a serious violation of the Constitution or the law;
  \item serious misconduct; or
  \item inability to perform the functions of office.

  \end{enumerate}

\item Anyone who has been removed from the office of President in
  terms of subsection (1) (a) or (b) may not receive any benefits of
  that office, and may not serve in any public office.

\end{enumerate}

\section{Acting President}
\begin{enumerate}
\item When the President is absent from the Republic or otherwise
  unable to fulfil the duties of President, or during a vacancy in the
  office of President, an office-bearer in the order below acts as
  President: \begin{enumerate}
  \item The Deputy President.
  \item A Minister designated by the President.
  \item A Minister designated by the other members of the Cabinet.
  \item The Speaker, until the National Assembly designates one of its
    other members.

  \end{enumerate}

\item An Acting President has the responsibilities, powers and
  functions of the President.
\item Before assuming the responsibilities, powers and functions of
  the President, the Acting President must swear or affirm faithfulness
  to the Republic and obedience to the Constitution, in accordance with
  Schedule 2.
\item A person who as Acting President has sworn or affirmed
  faithfulness to the Republic need not repeat the swearing or affirming
  procedure for any subsequent term as acting President during the
  period ending when the person next elected President assumes office.
  
  \emph{[Sub-s. (4) added by s. 1 of Act 35 of 1997.]}

\end{enumerate}

\section{Cabinet}
\begin{enumerate}
\item The Cabinet consists of the President, as head of the Cabinet, a
  Deputy President and Ministers.
\item The President appoints the Deputy President and Ministers,
  assigns their powers and functions, and may dismiss them.
\item The President- \begin{enumerate}
  \item must select the Deputy President from among the members of the
    National Assembly;
  \item may select any number of Ministers from among the members of the
    National Assembly; and
  \item may select no more than two Ministers from outside the Assembly.

  \end{enumerate}

\item The President must appoint a member of the Cabinet to be the
  leader of government business in the National Assembly.
\item The Deputy President must assist the President in the execution
  of the functions of government.

\end{enumerate}

\section{Accountability and responsibilities}
\begin{enumerate}
\item The Deputy President and Ministers are responsible for the
  powers and functions of the executive assigned to them by the
  President.
\item Members of the Cabinet are accountable collectively and
  individually to Parliament for the exercise of their powers and the
  performance of their functions.
\item Members of the Cabinet must- \begin{enumerate}
  \item act in accordance with the Constitution; and
  \item provide Parliament with full and regular reports concerning
    matters under their control.

  \end{enumerate}


\end{enumerate}

\section{Deputy Ministers}
\begin{enumerate}
\item The President may appoint- \begin{enumerate}
  \item any number of Deputy Ministers from among the members of the
    National Assembly; and
  \item no more than two Deputy Ministers from outside the Assembly, to
    assist the members of the Cabinet, and may dismiss them.

  \end{enumerate}

\item Deputy Ministers appointed in terms of subsection (1) (b) are
  accountable to Parliament for the exercise of their powers and the
  performance of their functions.
  
  \emph{[S. 93 substituted by Annexure B to Schedule 6 to Act 108 of
    1996 and by s. 7 of Act 34 of 2001.]}

\end{enumerate}

\section{Continuation of Cabinet after elections}

When an election of the National Assembly is held, the Cabinet, the
Deputy President, Ministers and any Deputy Ministers remain competent
to function until the person elected President by the next Assembly
assumes office.

\section{Oath or affirmation}

Before the Deputy President, Ministers and any Deputy Ministers begin
to perform their functions, they must swear or affirm faithfulness to
the Republic and obedience to the Constitution, in accordance with
Schedule 2.

\section{Conduct of Cabinet members and Deputy Ministers}
\begin{enumerate}
\item Members of the Cabinet and Deputy Ministers must act in
  accordance with a code of ethics prescribed by national legislation.
\item Members of the Cabinet and Deputy Ministers may
  not- \begin{enumerate}
  \item undertake any other paid work;
  \item act in any way that is inconsistent with their office, or expose
    themselves to any situation involving the risk of a conflict between
    their official responsibilities and private interests; or
  \item use their position or any information entrusted to them, to
    enrich themselves or improperly benefit any other person.

  \end{enumerate}

\item Ministers are accountable individually to the President and to
  the National Assembly for the administration of their 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.
  
  \emph{[Sub-s. (3) added by Annexure B to Schedule 6 to Act 108 of
    1996.]}
\item Ministers must administer their portfolios in accordance with
  the policy determined by the Cabinet.
  
  \emph{[Sub-s. (4) added by Annexure B to Schedule 6 to Act 108 of
    1996.]}
\item 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.
  
  \emph{[Sub-s. (5) added by Annexure B to Schedule 6 to Act 108 of
    1996.]}
\item If the Minister concerned fails to comply with a requirement of
  the President under subsection (5), the President may remove the
  Minister from office- \begin{enumerate}
  \item 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
  \item 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.

  \end{enumerate}
  
  \emph{[Sub-s. (6) added by Annexure B to Schedule 6 to Act 108 of
    1996.]}


\end{enumerate}

\section{Transfer of functions}

The President by proclamation may transfer to a member of the
Cabinet- \begin{enumerate}
\item the administration of any legislation entrusted to another
  member; or
\item any power or function entrusted by legislation to another
  member.

\end{enumerate}

\section{Temporary assignment of functions}

The President may assign to a Cabinet member any power or function of
another member who is absent from office or is unable to exercise that
power or perform that function.

\section{Assignment of functions}

A Cabinet member may assign any power or function that is to be
exercised or performed in terms of an Act of Parliament to a member of
a provincial Executive Council or to a Municipal Council. An
assignment- \begin{enumerate}
\item must be in terms of an agreement between the relevant Cabinet
  member and the Executive Council member or Municipal Council;
\item must be consistent with the Act of Parliament in terms of which
  the relevant power or function is exercised or performed; and
\item takes effect upon proclamation by the President.

\end{enumerate}

\section{National supervision of provincial administration}
\begin{enumerate}
\item When a province cannot or does not fulfil an executive
  obligation in terms of legislation or the Constitution, the national
  executive may intervene by taking any appropriate steps to ensure
  fulfilment of that obligation, including- \begin{enumerate}
  \item issuing a directive to the provincial executive, describing the
    extent of the failure to fulfil its obligations and stating any steps
    required to meet its obligations; and
  \item assuming responsibility for the relevant obligation in that
    province to the extent necessary to- \begin{enumerate}
    \item maintain essential national standards or meet established
      minimum standards for the rendering of a service;
    \item maintain economic unity;
    \item maintain national security; or
    \item prevent that province from taking unreasonable action that is
      prejudicial to the interests of another province or to the country as
      a whole.

    \end{enumerate}


  \end{enumerate}

\item If the national executive intervenes in a province in terms of
  subsection (1) (b)- \begin{enumerate}
  \item notice of the intention must be tabled in the National Council
    of Provinces within 14 days of its first sitting after the
    intervention began;
  \item the intervention must end unless it is approved by the Council
    within 30 days of its first sitting after the intervention began; and
  \item the Council must review the intervention regularly and make any
    appropriate recommendations to the national executive.

  \end{enumerate}

\item National legislation may regulate the process established by
  this section.

\end{enumerate}

\section{Executive decisions}
\begin{enumerate}
\item A decision by the President must be in writing if
  it- \begin{enumerate}
  \item is taken in terms of legislation; or
  \item has legal consequences.

  \end{enumerate}

\item A written decision by the President must be countersigned by
  another Cabinet member if that decision concerns a function assigned
  to that other Cabinet member.
\item Proclamations, regulations and other instruments of subordinate
  legislation must be accessible to the public.
\item National legislation may specify the manner in which, and the
  extent to which, instruments mentioned in subsection (3) must
  be- \begin{enumerate}
  \item tabled in Parliament; and
  \item approved by Parliament.

  \end{enumerate}


\end{enumerate}

\section{Motions of no confidence}
\begin{enumerate}
\item If the National Assembly, by a vote supported by a majority of
  its members, passes a motion of no confidence in the Cabinet excluding
  the President, the President must reconstitute the Cabinet.
\item If the National Assembly, by a vote supported by a majority of
  its members, passes a motion of no confidence in the President, the
  President and the other members of the Cabinet and any Deputy
  Ministers must resign.

\end{enumerate}



\chapter{Provinces (\S 103-150)}

\section{Provinces}
\begin{enumerate}
\item The Republic has the following provinces: \begin{enumerate}
  \item Eastern Cape
  \item Free State
  \item Gauteng
  \item KwaZulu-Natal
  \item Mpumalanga
  \item Northern Cape
  \item Northern Province
  \item North West
  \item Western Cape.

  \end{enumerate}

\item The boundaries of the provinces are those that existed when the
  Constitution took effect.

\end{enumerate}

\heading{Provincial Legislatures (\S 104-124)}

\section{Legislative authority of provinces}
\begin{enumerate}
\item The legislative authority of a province is vested in its
  provincial legislature, and confers on the provincial legislature the
  power- \begin{enumerate}
  \item to pass a constitution for its province or to amend any
    constitution passed by it in terms of sections 142 and 143;
  \item to pass legislation for its province with regard
    to- \begin{enumerate}
    \item any matter within a functional area listed in Schedule 4;
    \item any matter within a functional area listed in Schedule 5;
    \item any matter outside those functional areas, and that is expressly
      assigned to the province by national legislation; and
    \item any matter for which a provision of the Constitution envisages
      the enactment of provincial legislation; and

    \end{enumerate}

  \item to assign any of its legislative powers to a Municipal Council
    in that province.

  \end{enumerate}

\item The legislature of a province, by a resolution adopted with a
  supporting vote of at least two thirds of its members, may request
  Parliament to change the name of that province.
\item A provincial legislature is bound only by the Constitution and,
  if it has passed a constitution for its province, also by that
  constitution, and must act in accordance with, and within the limits
  of, the Constitution and that provincial constitution.
\item Provincial legislation with regard to a matter that is
  reasonably necessary for, or incidental to, the effective exercise of
  a power concerning any matter listed m Schedule 4, is for all purposes
  legislation with regard to a matter listed in Schedule 4.
\item A provincial legislature may recommend to the National Assembly
  legislation concerning any matter outside the authority of that
  legislature, or in respect of which an Act of Parliament prevails over
  a provincial law.

\end{enumerate}

\section{Composition and election of provincial legislatures}
\begin{enumerate}
\item Subject to Schedule 6A, a provincial legislature consists of
  women and men elected as members in terms of an electoral system
  that- \begin{enumerate}
  \item is prescribed by national legislation;
  \item is based on that province's segment of the national common
    voters roll;
  \item provides for a minimum voting age of 18 years; and
  \item (d) results, in general, in proportional representation.

  \end{enumerate}

  
  \emph{[Sub-s.1 substituted by s.3 of Act 2 of 2003]}
\item A provincial legislature consists of between 30 and 80
  members. The number of members, which may differ among the provinces,
  must be determined in terms of a formula prescribed by national
  legislation.

\end{enumerate}

\section{Membership}
\begin{enumerate}
\item Every citizen who is qualified to vote for the National Assembly
  is eligible to be a member of a provincial legislature,
  except- \begin{enumerate}
  \item anyone who is appointed by, or is in the service of, the state
    and receives remuneration for that appointment or service, other
    than- \begin{enumerate}
    \item the Premier and other members of the Executive Council of a
      province; and
    \item other office-bearers whose functions are compatible with the
      functions of a member of a provincial legislature, and have been
      declared compatible with those functions by national legislation;

    \end{enumerate}

  \item members of the National Assembly, permanent delegates to the
    National Council of Provinces or members of a Municipal Council;
  \item unrehabilitated insolvents;
  \item anyone declared to be of unsound mind by a court of the
    Republic; or
  \item 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 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.

  \end{enumerate}

\item A person who is not eligible to be a member of a provincial
  legislature in terms of subsection (1) (a) or (b) may be a candidate
  for the legislature, subject to any limits or conditions established
  by national legislation.
\item A person loses membership of a provincial legislature if that
  person- \begin{enumerate}
  \item ceases to be eligible; or
  \item is absent from the legislature without permission in
    circumstances for which the rules and orders of the legislature
    prescribe loss of membership; or
  \item ceases to be a member of the party that nominated that person as
    a member of the legislature, unless that member has become a member of
    another party in accordance with Schedule 6A

  \end{enumerate}

  
  \emph{[Sub-s.3 substituted by s.4 of Act 2 of 2003]}
\item Vacancies in a provincial legislature must be filled in terms of
  national legislation.

\end{enumerate}

\section{Oath or affirmation}

Before members of a provincial legislature begin to perform their
functions in the legislature, they must swear or affirm faithfulness
to the Republic and obedience to the Constitution, in accordance with
Schedule 2.

\section{Duration of provincial legislatures}
\begin{enumerate}
\item A provincial legislature is elected for a term of five years.
\item If a provincial legislature is dissolved in terms of section
  109, or when its term expires, the Premier of the province, by
  proclamation, must call and set dates for an election, which must be
  held within 90 days of the date the legislature was dissolved or its
  term expired.A proclamation calling and setting dates for an election
  may be issued before or after the expiry of the term of a provincial
  legislature.
  
  \emph{[Sub-s. (2) substituted by s. 1 of Act 3 of 1999.]}
\item If the result of an election of a provincial legislature is not
  declared within the period referred to in section 190, or if an
  election is set aside by a court, the President, by proclamation, must
  call and set dates for another election, which must be held within 90
  days of the expiry of that period or of the date on which the election
  was set aside.
\item A provincial legislature remains competent to function from the
  time it is dissolved or its term expires, until the day before the
  first day of polling for the next legislature.

\end{enumerate}

\section{Dissolution of provincial legislatures before expiry of term}
\begin{enumerate}
\item The Premier of a province must dissolve the provincial
  legislature if- \begin{enumerate}
  \item the legislature has adopted a resolution to dissolve with a
    supporting vote of a majority of its members; and
  \item three years have passed since the legislature was elected.

  \end{enumerate}

\item An Acting Premier must dissolve the provincial legislature
  if- \begin{enumerate}
  \item there is a vacancy in the office of Premier; and
  \item the legislature fails to elect a new Premier within 30 days
    after the vacancy occurred.

  \end{enumerate}


\end{enumerate}

\section{Sittings and recess periods}
\begin{enumerate}
\item After an election, the first sitting of a provincial legislature
  must take place at a time and on a date determined by a judge
  designated by the Chief Justice, but not more than 14 days after the
  election result has been declared. A provincial legislature may
  determine the time and duration of its other sittings and its recess
  periods.
  
  \emph{[Sub-s. (1) substituted by s. 8 of Act 34 of 2001.]}
\item The Premier of a province may summon the provincial legislature
  to an extraordinary sitting at any time to conduct special business.
\item A provincial legislature may determine where it ordinarily will
  sit.

\end{enumerate}

\section{Speakers and Deputy Speakers}
\begin{enumerate}
\item At the first sitting after its election, or when necessary to
  fill a vacancy, a provincial legislature must elect a Speaker and a
  Deputy Speaker from among its members.
\item A judge designated by the Chief Justice must preside over the
  election of a Speaker. The Speaker presides over the election of a
  Deputy Speaker.
  
  \emph{[Sub-s. (2) substituted by s. 9 of Act 34 of 2001.]}
\item The procedure set out in Part A of Schedule 3 applies to the
  election of Speakers and Deputy Speakers.
\item A provincial legislature may remove its Speaker or Deputy
  Speaker from office by resolution. A majority of the members of the
  legislature must be present when the resolution is adopted.
\item In terms of its rules and orders, a provincial legislature may
  elect from among its members other presiding officers to assist the
  Speaker and the Deputy Speaker.

\end{enumerate}

\section{Decisions}
\begin{enumerate}
\item Except where the Constitution provides
  otherwise- \begin{enumerate}
  \item a majority of the members of a provincial legislature must be
    present before a vote may be taken on a Bill or an amendment to a
    Bill;
  \item at least one third of the members must be present before a vote
    may be taken on any other question before the legislature; and
  \item all questions before a provincial legislature are decided by a
    majority of the votes cast.

  \end{enumerate}

\item The member presiding at a meeting of a provincial legislature
  has no deliberative vote, but- \begin{enumerate}
  \item must cast a deciding vote when there is an equal number of votes
    on each side of a question; and
  \item 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
    legislature.

  \end{enumerate}


\end{enumerate}

\section{Permanent delegates' rights in provincial legislatures}

A province's permanent delegates to the National Council of Provinces
may attend, and may speak in, their provincial legislature and its
committees, but may not vote. The legislature may require a permanent
delegate to attend the legislature or its committees.

\section{Powers of provincial legislatures}
\begin{enumerate}
\item In exercising its legislative power, a provincial legislature
  may- \begin{enumerate}
  \item consider, pass, amend or reject any Bill before the legislature;
    and
  \item initiate or prepare legislation, except money Bills.

  \end{enumerate}

\item A provincial legislature must provide for
  mechanisms- \begin{enumerate}
  \item to ensure that all provincial executive organs of state in the
    province are accountable to it; and
  \item to maintain oversight of- \begin{enumerate}
    \item the exercise of provincial executive authority in the province,
      including the implementation of legislation; and
    \item any provincial organ of state.

    \end{enumerate}


  \end{enumerate}


\end{enumerate}

\section{Evidence or information before provincial legislatures}

A provincial legislature or any of its committees
may- \begin{enumerate}
\item summon any person to appear before it to give evidence on oath
  or affirmation, or to produce documents;
\item require any person or provincial institution to report to it;
\item compel, in terms of provincial 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
\item receive petitions, representations or submissions from any
  interested persons or institutions.

\end{enumerate}

\section{Internal arrangements, proceedings and procedures of
  provincial legislatures}
\begin{enumerate}
\item A provincial legislature may- \begin{enumerate}
  \item determine and control its internal arrangements, proceedings and
    procedures; and
  \item make rules and orders concerning its business, with due regard
    to representative and participatory democracy, accountability,
    transparency and public involvement.

  \end{enumerate}

\item The rules and orders of a provincial legislature must provide
  for- \begin{enumerate}
  \item the establishment, composition, powers, functions, procedures
    and duration of its committees;
  \item the participation in the proceedings of the legislature and its
    committees of minority parties represented in the legislature, in a
    manner consistent with democracy;
  \item financial and administrative assistance to each party
    represented in the legislature, in proportion to its representation,
    to enable the party and its leader to perform their functions in the
    legislature effectively; and
  \item the recognition of the leader of the largest opposition party in
    the legislature, as the Leader of the Opposition.

  \end{enumerate}


\end{enumerate}

\section{Privilege}
\begin{enumerate}
\item Members of a provincial legislature and the province's permanent
  delegates to the National Council of Provinces- \begin{enumerate}
  \item have freedom of speech in the legislature and in its committees,
    subject to its rules and orders; and
  \item are not liable to civil or criminal proceedings, arrest,
    imprisonment or damages for- \begin{enumerate}
    \item anything that they have said in, produced before or submitted to
      the legislature or any of its committees; or
    \item anything revealed as a result of anything that they have said
      in, produced before or submitted to the legislature or any of its
      committees.

    \end{enumerate}


  \end{enumerate}

\item Other privileges and immunities of a provincial legislature and
  its members may be prescribed by national legislation.
\item Salaries, allowances and benefits payable to members of a
  provincial legislature are a direct charge against the Provincial
  Revenue Fund.

\end{enumerate}

\section{Public access to and involvement in provincial legislatures}
\begin{enumerate}
\item A provincial legislature must- \begin{enumerate}
  \item facilitate public involvement in the legislative and other
    processes of the legislature and its committees; and
  \item conduct its business in an open manner, and hold its sittings,
    and those of its committees, in public, but reasonable measures may be
    taken- \begin{enumerate}
    \item to regulate public access, including access of the media, to the
      legislature and its committees; and
    \item to provide for the searching of any person and, where
      appropriate, the refusal of entry to, or the removal of, any person.

    \end{enumerate}


  \end{enumerate}

\item A provincial legislature may not exclude the public, including
  the media, from a sitting of a committee unless it is reasonable and
  justifiable to do so in an open and democratic society.

\end{enumerate}

\section{Introduction of Bills}

Only members of the Executive Council of a province or a committee or
member of a provincial legislature may introduce a Bill in the
legislature; but only the member of the Executive Council who is
responsible for financial matters in the province may introduce a
money Bill in the legislature.

\section{Money Bills}
\begin{enumerate}
\item A Bill is a money Bill if it- \begin{enumerate}
  \item appropriates money;
  \item imposes provincial taxes, levies, duties or surcharges;
  \item abolishes or reduces, or grants exemptions from, any provincial
    taxes, levies, duties or surcharges; or
  \item authorises direct charges against a Provincial Revenue Fund.

  \end{enumerate}

\item A money Bill may not deal with any other matter
  except- \begin{enumerate}
  \item a subordinate matter incidental to the appropriation of money;
  \item the imposition, abolition or reduction of provincial taxes,
    levies, duties or surcharges;
  \item the granting of exemption from provincial taxes, levies, duties
    or surcharges; or
  \item the authorisation of direct charges against a Provincial Revenue
    Fund.

  \end{enumerate}

\item A provincial Act must provide for a procedure by which the
  province's legislature may amend a money Bill.
  
  \emph{[S. 120 substituted by s. 3 of Act 61 of 2001.]}

\end{enumerate}

\section{Assent to Bills}
\begin{enumerate}
\item The Premier of a province must either assent to and sign a Bill
  passed by the provincial legislature in terms of this Chapter or, if
  the Premier has reservations about the constitutionality of the Bill,
  refer it back to the legislature for reconsideration.
\item If, after reconsideration, a Bill fully accommodates the
  Premier's reservations, the Premier must assent to and sign the Bill;
  if not, the Premier must either- \begin{enumerate}
  \item assent to and sign the Bill; or
  \item refer it to the Constitutional Court for a decision on its
    constitutionality.

  \end{enumerate}

\item If the Constitutional Court decides that the Bill is
  constitutional, the Premier must assent to and; sign it.

\end{enumerate}

\section{Application by members to Constitutional Court}
\begin{enumerate}
\item Members of a provincial legislature may apply to the
  Constitutional Court for an order declaring that all or part of a
  provincial Act is unconstitutional.
\item An application- \begin{enumerate}
  \item must be supported by at least 20 per cent of the members of the
    legislature; and
  \item must be made within 30 days of the date on which the Premier
    assented to and signed the Act.

  \end{enumerate}

\item The Constitutional Court may order that all or part of an Act
  that is the subject of an application in terms of subsection (1) has
  no force until the Court has decided the application
  if- \begin{enumerate}
  \item the interests of justice require this; and
  \item the application has a reasonable prospect of success.

  \end{enumerate}

\item If an application is unsuccessful, and did not have a reasonable
  prospect of success, the Constitutional Court may order the applicants
  to pay costs.

\end{enumerate}

\section{Publication of provincial Acts}

A Bill assented to and signed by the Premier of a province becomes a
provincial Act, must be published promptly and takes effect when
published or on a date determined in terms of the Act.

\section{Safekeeping of provincial Acts}

The signed copy of a provincial Act is conclusive evidence of the
provisions of that Act and, after publication, must be entrusted to
the Constitutional Court for safekeeping.

\heading{Provincial Executives (\S 125-141)}

\section{Executive authority of provinces}
\begin{enumerate}
\item The executive authority of a province is vested in the Premier
  of that province.
\item The Premier exercises the executive authority, together with the
  other members of the Executive Council, by- \begin{enumerate}
  \item implementing provincial legislation in the province;
  \item implementing all national legislation within the functional
    areas listed in Schedule 4 or 5 except where the Constitution or an
    Act of Parliament provides otherwise;
  \item administering in the province, national legislation outside the
    functional areas listed in Schedules 4 and 5, the administration of
    which has been assigned to the provincial executive in terms of an Act
    of Parliament;
  \item developing and implementing provincial policy;
  \item co-ordinating the functions of the provincial administration and
    its departments;
  \item preparing and initiating provincial legislation; and
  \item performing any other function assigned to the provincial
    executive in terms of the Constitution or an Act of Parliament.

  \end{enumerate}

\item A province has executive authority in terms of subsection (2)
  (b) only to the extent that the province has the administrative
  capacity to assume effective responsibility. The national government,
  by legislative and other measures, must assist provinces to develop
  the administrative capacity required for the effective exercise of
  their powers and performance of their functions referred to in
  subsection (2).
\item Any dispute concerning the administrative capacity of a province
  in regard to any function must be referred to the National Council of
  Provinces for resolution within 30 days of the date of the referral to
  the Council.
\item Subject to section 100, the implementation of provincial
  legislation in a province is an exclusive provincial executive power.
\item The provincial executive must act in accordance
  with- \begin{enumerate}
  \item the Constitution; and
  \item the provincial constitution, if a constitution has been passed
    for the province.

  \end{enumerate}


\end{enumerate}

\section{Assignment of functions}

A member of the Executive Council of a province may assign any power
or function that is to be exercised or performed in terms of an Act of
Parliament or a provincial Act, to a Municipal Council. An
assignment- \begin{enumerate}
\item must be in terms of an agreement between the relevant Executive
  Council member and the Municipal Council;
\item must be consistent with the Act in terms of which the relevant
  power or function is exercised or performed; and
\item takes effect upon proclamation by the Premier.

\end{enumerate}

\section{Powers and functions of Premiers}
\begin{enumerate}
\item The Premier of a province has the powers and functions entrusted
  to that office by the Constitution and any legislation.
\item The Premier of a province is responsible for- \begin{enumerate}
  \item assenting to and signing Bills;
  \item referring a Bill back to the provincial legislature for
    reconsideration of the Bill's constitutionality;
  \item referring a Bill to the Constitutional Court for a decision on
    the Bill's constitutionality;
  \item summoning the legislature to an extraordinary sitting to conduct
    special business;
  \item appointing commissions of inquiry; and
  \item calling a referendum in the province in accordance with national
    legislation.

  \end{enumerate}


\end{enumerate}

\section{Election of Premiers}
\begin{enumerate}
\item At its first sitting after its election, and whenever necessary
  to fill a vacancy, a provincial legislature must elect a woman or a
  man from among its members to be the Premier of the province.
\item A judge designated by the Chief Justice must preside over the
  election of the Premier. The procedure set out in Part A of Schedule 3
  applies to the election of the Premier.
  
  \emph{[Sub-s. (2) substituted by s. 10 of Act 34 of 2001.]}
\item An election to fill a vacancy in the office of Premier must be
  held at a time and on a date determined by the Chief Justice, but not
  later than 30 days after the vacancy occurs.
  
  \emph{[Sub-s. (3) substituted by s. 10 of Act 34 of 2001.]}

\end{enumerate}

\section{Assumption of office by Premiers}

A Premier-elect must assume office within five days of being elected,
by swearing or affirming faithfulness to the Republic and obedience to
the Constitution, in accordance with Schedule 2.

\section{Term of office and removal of Premiers}
\begin{enumerate}
\item A Premier's term of office begins when the Premier assumes
  office and ends upon a vacancy occurring or when the person next
  elected Premier assumes office.
\item No person may hold office as Premier for more than two terms,
  but when a person is elected to fill a vacancy in the office of
  Premier, the period between that election and the next election of a
  Premier is not regarded as a term.
\item The legislature of a province, by a resolution adopted with a
  supporting vote of at least two thirds of its members, may remove the
  Premier from office only on the grounds of- \begin{enumerate}
  \item a serious violation of the Constitution or the law;
  \item serious misconduct; or
  \item inability to perform the functions of office.

  \end{enumerate}

\item Anyone who has been removed from the office of Premier in terms
  of subsection (3) (a) or (b) may not receive any benefits of that
  office, and may not serve in any public office.

\end{enumerate}

\section{Acting Premiers}
\begin{enumerate}
\item When the Premier is absent or otherwise unable to fulfil the
  duties of the office of Premier, or during a vacancy in the office of
  Premier, an office-bearer in the order below acts as the
  Premier: \begin{enumerate}
  \item A member of the Executive Council designated by the Premier.
  \item A member of the Executive Council designated by the other
    members of the Council.
  \item The Speaker, until the legislature designates one of its other
    members.

  \end{enumerate}

\item An Acting Premier has the responsibilities, powers and functions
  of the Premier.
\item Before assuming the responsibilities, powers and functions of
  the Premier, the Acting Premier must swear or affirm faithfulness to
  the Republic and obedience to the Constitution, in accordance with
  Schedule 2.

\end{enumerate}

\section{Executive Councils}
\begin{enumerate}
\item The Executive Council of a province consists of the Premier, as
  head of the Council, and no fewer than five and no more than ten
  members appointed by the Premier from among the members of the
  provincial legislature.
\item The Premier of a province appoints the members of the Executive
  Council, assigns their powers and functions, and may dismiss them.

\end{enumerate}

\section{Accountability and responsibilities}
\begin{enumerate}
\item The members of the Executive Council of a province are
  responsible for the functions of the executive assigned to them by the
  Premier.
\item Members of the Executive Council of a province are accountable
  collectively and individually to the legislature for the exercise of
  their powers and the performance of their functions.
\item Members of the Executive Council of a province
  must- \begin{enumerate}
  \item act in accordance with the Constitution and, if a provincial
    constitution has been passed for the province, also that constitution;
    and
  \item provide the legislature with full and regular reports concerning
    matters under their control.

  \end{enumerate}


\end{enumerate}

\section{Continuation of Executive Councils after elections}

When an election of a provincial legislature is held, the Executive
Council and its members remain competent to function until the person
elected Premier by the next legislature assumes office.

\section{Oath or affirmation}

Before members of the Executive Council of a province begin to
perform their functions, they must swear or affirm faithfulness to the
Republic and obedience to the Constitution, in accordance with
Schedule 2.

\section{Conduct of members of Executive Councils}
\begin{enumerate}
\item Members of the Executive Council of a province must act in
  accordance with a code of ethics prescribed by national legislation.
\item Members of the Executive Council of a province may
  not- \begin{enumerate}
  \item undertake any other paid work;
  \item act in any way that is inconsistent with their office, or expose
    themselves to any situation involving the risk of a conflict between
    their official responsibilities and private interests; or
  \item use their position or any information entrusted to them, to
    enrich themselves or improperly benefit any other person.

  \end{enumerate}


\end{enumerate}

\section{Transfer of functions}

The Premier by proclamation may transfer to a member of the Executive
Council- \begin{enumerate}
\item the administration of any legislation entrusted to another
  member; or
\item any power or function entrusted by legislation to another
  member.

\end{enumerate}

\section{Temporary assignment of functions}

The Premier of a province may assign to a member of the Executive
Council any power or function of another member who is absent from
office or is unable to exercise that power or perform that function.

\section{Provincial supervision of local government}
\begin{enumerate}
\item When a municipality cannot or does not fulfil an executive
  obligation in terms of legislation, the relevant provincial executive
  may intervene by taking any appropriate steps to ensure fulfilment of
  that obligation, including- \begin{enumerate}
  \item issuing a directive to the Municipal Council, describing the
    extent of the failure to fulfil its obligations and stating any steps
    required to meet its obligations; and
  \item assuming responsibility for the relevant obligation in that
    municipality to the extent necessary- \begin{enumerate}
    \item to maintain essential national standards or meet established
      minimum standards for the rendering of a service;
    \item to prevent that Municipal Council from taking unreasonable
      action that is prejudicial to the interests of another municipality or
      to the province as a whole; or
    \item to maintain economic unity.

    \end{enumerate}


  \end{enumerate}

\item If a provincial executive intervenes in a municipality in terms
  of subsection (1) (b)- \begin{enumerate}
  \item the intervention must end unless it is approved by the Cabinet
    member responsible for local government affairs within 14 days of the
    intervention;
  \item notice of the intervention must be tabled in the provincial
    legislature and in the National Council of Provinces within 14 days of
    their respective first sittings after the intervention began;
  \item the intervention must end unless it is approved by the Council
    within 30 days of its first sitting after the intervention began; and
  \item the Council must review the intervention regularly and make any
    appropriate recommendations to the provincial executive.

  \end{enumerate}

\item National legislation may regulate the process established by
  this section.

\end{enumerate}

\section{Executive decisions}
\begin{enumerate}
\item A decision by the Premier of a province must be in writing if
  it- \begin{enumerate}
  \item is taken in terms of legislation; or
  \item has legal consequences.

  \end{enumerate}

\item A written decision by the Premier must be countersigned by
  another Executive Council member if that decision concerns a function
  assigned to that other member.
\item Proclamations, regulations and other instruments of subordinate
  legislation of a province must be accessible to the public.
\item Provincial legislation may specify the manner in which, and the
  extent to which, instruments mentioned in subsection (3) must
  be- \begin{enumerate}
  \item tabled in the provincial legislature; and
  \item approved by the provincial legislature.

  \end{enumerate}


\end{enumerate}

\section{Motions of no confidence}
\begin{enumerate}
\item If a provincial legislature, by a vote supported by a majority
  of its members, passes a motion of no confidence in the province's
  Executive Council excluding the Premier, the Premier must reconstitute
  the Council.
\item If a provincial legislature, by a vote supported by a majority
  of its members, passes a motion of no confidence in the Premier, the
  Premier and the other members of the Executive Council must resign.

\end{enumerate}

\heading{Provincial Constitutions (\S 142-145)}

\section{Adoption of provincial constitutions}

A provincial legislature may pass a constitution for the province or,
where applicable, amend its constitution, if at least two thirds of
its members vote in favour of the Bill.

\section{Contents of provincial constitutions}
\begin{enumerate}
\item A provincial constitution, or constitutional amendment, must not
  be inconsistent with this Constitution, but may provide
  for- \begin{enumerate}
  \item provincial legislative or executive structures and procedures
    that differ from those provided for in this Chapter; or
  \item the institution, role, authority and status of a traditional
    monarch, where applicable.

  \end{enumerate}

\item Provisions included in a provincial constitution or
  constitutional amendment in terms of paragraph (a) or (b) of
  subsection (1)- \begin{enumerate}
  \item must comply with the values in section 1 and with Chapter 3; and
  \item may not confer on the province any power or function that
    falls- \begin{enumerate}
    \item outside the area of provincial competence in terms of Schedules
      4 and 5; or
    \item outside the powers and functions conferred on the province by
      other sections of the Constitution.

    \end{enumerate}


  \end{enumerate}


\end{enumerate}

\section{Certification of provincial constitutions}
\begin{enumerate}
\item If a provincial legislature has passed or amended a
  constitution, the Speaker of the legislature must submit the text of
  the constitution or constitutional amendment to the Constitutional
  Court for certification.
\item No text of a provincial constitution or constitutional amendment
  becomes law until the Constitutional Court has
  certified- \begin{enumerate}
  \item that the text has been passed in accordance with section 142;
    and
  \item that the whole text complies with section 143.

  \end{enumerate}


\end{enumerate}

\section{Signing, publication and safekeeping of provincial
  constitutions}
\begin{enumerate}
\item The Premier of a province must assent to and sign the text of a
  provincial constitution or constitutional amendment that has been
  certified by the Constitutional Court.
\item The text assented to and signed by the Premier must be published
  in the national Government Gazette and takes effect on publication or
  on a later date determined in terms of that constitution or amendment.
\item The signed text of a provincial constitution or constitutional
  amendment is conclusive evidence of its provisions and, after
  publication, must be entrusted to the Constitutional Court for
  safekeeping.

\end{enumerate}

\heading{Conflicting Laws (\S 146-150)}

\section{Conflicts between national and provincial legislation}
\begin{enumerate}
\item This section applies to a conflict between national legislation
  and provincial legislation falling within a functional area listed in
  Schedule 4.
\item National legislation that applies uniformly with regard to the
  country as a whole prevails over provincial legislation if any of the
  following conditions is met: \begin{enumerate}
  \item The national legislation deals with a matter that cannot be
    regulated effectively by legislation enacted by the respective
    provinces individually.
  \item The national legislation deals with a matter that, to be dealt
    with effectively, requires uniformity across the nation, and the
    national legislation provides that uniformity by
    establishing- \begin{enumerate}
    \item norms and standards;
    \item frameworks; or
    \item national policies.

    \end{enumerate}

  \item The national legislation is necessary for- \begin{enumerate}
    \item the maintenance of national security;
    \item the maintenance of economic unity;
    \item the protection of the common market in respect of the mobility
      of goods, services, capital and labour;
    \item the promotion of economic activities across provincial
      boundaries;
    \item the promotion of equal opportunity or equal access to government
      services; or
    \item the protection of the environment.

    \end{enumerate}


  \end{enumerate}

\item National legislation prevails over provincial legislation if the
  national legislation is aimed at preventing unreasonable action by a
  province that- \begin{enumerate}
  \item is prejudicial to the economic, health or security interests of
    another province or the country as a whole; or
  \item impedes the implementation of national economic policy.

  \end{enumerate}

\item When there is a dispute concerning whether national legislation
  is necessary for a purpose set out in subsection (2) (c) and that
  dispute comes before a court for resolution, the court must have due
  regard to the approval or the rejection of the legislation by the
  National Council of Provinces.
\item Provincial legislation prevails over national legislation if
  subsection (2) or (3) does not apply.
\item 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.
\item 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.
\item 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.

\end{enumerate}

\section{Other conflicts}
\begin{enumerate}
\item If there is a conflict between national legislation and a
  provision of a provincial constitution with regard
  to- \begin{enumerate}
  \item 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;
  \item national legislative intervention in terms of section 44 (2),
    the national legislation prevails over the provision of the provincial
    constitution; or
  \item 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.

  \end{enumerate}

\item National legislation referred to in section 44 (2) prevails over
  provincial legislation in respect of matters within the functional
  areas listed in Schedule 5.

\end{enumerate}

\section{Conflicts that cannot be resolved}

If a dispute concerning a conflict cannot be resolved by a court, the
national legislation prevails over the provincial legislation or
provincial constitution.

\section{Status of legislation that does not prevail}

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.

\section{Interpretation of conflicts}

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.

\chapter{Local government (\S 151-164)}
          
\section{Status of municipalities}
\begin{enumerate}
\item The local sphere of government consists of
  municipalities, which must be established for the whole of the
  territory of the Republic.
\item The executive and legislative authority of a
  municipality is vested in its Municipal Council.
\item A municipality has the right to govern, on its own
  initiative, the local government affairs of its community, subject to
  national and provincial legislation, as provided for in the
  Constitution.
\item The national or a provincial government may not
  compromise or impede a municipality's ability or right to exercise its
  powers or perform its functions.

\end{enumerate}

\section{Objects of local government}
\begin{enumerate}
\item The objects of local government
  are- \begin{enumerate}
  \item to provide democratic and accountable government
    for local communities;
  \item to ensure the provision of services to communities
    in a sustainable manner;
  \item to promote social and economic development;
  \item to promote a safe and healthy environment; and
  \item to encourage the involvement of communities and
    community organisations in the matters of local government.

  \end{enumerate}

\item A municipality must strive, within its financial and
  administrative capacity, to achieve the objects set out in subsection
  (1).

\end{enumerate}

\section{Developmental duties of municipalities}

A municipality must- \begin{enumerate}
\item structure and manage its administration and
  budgeting and planning processes to give priority to the basic needs
  of the community, and to promote the social and economic development
  of the community; and
\item participate in national and provincial development
  programmes.

\end{enumerate}

\section{Municipalities in co-operative government}
\begin{enumerate}
\item The national government and provincial governments,
  by legislative and other measures, must support and strengthen the
  capacity of municipalities to manage their own affairs, to exercise
  their powers and to perform their functions.
\item Draft national or provincial legislation that
  affects the status, institutions, powers or functions of local
  government must be published for public comment before it is
  introduced in Parliament or a provincial legislature, in a manner that
  allows organised local government, municipalities and other interested
  persons an opportunity to make representations with regard to the
  draft legislation.

\end{enumerate}

\section{Establishment of municipalities}
\begin{enumerate}
\item There are the following categories of
  municipality: \begin{enumerate}
  \item Category A: A municipality that has exclusive
    municipal executive and legislative authority in its area.
  \item Category B: A municipality that shares municipal
    executive and legislative authority in its area with a category C
    municipality within whose area it falls.
  \item Category C: A municipality that has municipal
    executive and legislative authority in an area that includes more than
    one municipality.

  \end{enumerate}

\item National legislation must define the different types
  of municipality that may be established within each category.
\item National legislation must- \begin{enumerate}
  \item establish the criteria for determining when an
    area should have a single category A municipality or when it should
    have municipalities of both category B and category C;
  \item establish criteria and procedures for the
    determination of municipal boundaries by an independent authority; and
  \item subject to section 229, make provision for an
    appropriate division of powers and functions between municipalities
    when an area has municipalities of both category B and category C. A
    division of powers and functions between a category B municipality and
    a category C municipality may differ from the division of powers and
    functions between another category B municipality and that category C
    municipality.

  \end{enumerate}

\item The legislation referred to in subsection (3) must
  take into account the need to provide municipal services in an
  equitable and sustainable manner.
\item Provincial legislation must determine the different
  types of municipality to be established in the province.
\item Each provincial government must establish
  municipalities in its province in a manner consistent with the
  legislation enacted in terms of subsections (2) and (3) and, by
  legislative or other measures, must- \begin{enumerate}
  \item provide for the monitoring and support of local
    government in the province; and
  \item promote the development of local government
    capacity to enable municipalities to perform their functions and
    manage their own affairs.

  \end{enumerate}

\item If the criteria envisaged in subsection (3) (b)
  cannot be fulfilled without a municipal boundary extending across a
  provincial boundary- \begin{enumerate}
  \item that municipal boundary may be determined across
    the provincial boundary, but only- \begin{enumerate}
    \item with the concurrence of the provinces concerned;
      and
    \item after the respective provincial executives have
      been authorised by national legislation to establish a municipality
      within that municipal area; and

    \end{enumerate}

  \item national legislation may- \begin{enumerate}
    \item subject to subsection (5), provide for the
      establishment in that municipal area of a municipality of a type
      agreed to between the provinces concerned;
    \item provide a framework for the exercise of
      provincial executive authority in that municipal area and with regard
      to that municipality; and
    \item provide for the re-determination of municipal
      boundaries where one of the provinces concerned withdraws its support
      of a municipal boundary determined in terms of paragraph (a).

    \end{enumerate}


  \end{enumerate}

  
  \emph{[Sub-s. (6A) inserted by s. 1 of Act 87 of 1998.]}
\item The national government, subject to section 44, and
  the provincial governments have the legislative and executive
  authority to see to the effective performance by municipalities of
  their functions in respect of matters listed in Schedules 4 and 5, by
  regulating the exercise by municipalities of their executive authority
  referred to in section 156 (1).

\end{enumerate}

\section{Powers and functions of municipalities}
\begin{enumerate}
\item A municipality has executive authority in respect
  of, and has the right to administer- \begin{enumerate}
  \item the local government matters listed in Part B of
    Schedule 4 and Part B of Schedule 5; and
  \item any other matter assigned to it by national or
    provincial legislation.

  \end{enumerate}

\item A municipality may make and administer by-laws for
  the effective administration of the matters which it has the right to
  administer.
\item Subject to section 151 (4), a by-law that conflicts
  with national or provincial legislation is invalid. If there is a
  conflict between a by-law and national or provincial legislation that
  is inoperative because of a conflict referred to in section 149, the
  by-law must be regarded as valid for as long as that legislation is
  inoperative.
\item The national government and provincial governments
  must assign to a municipality, by agreement and subject to any
  conditions, the administration of a matter listed in Part A of
  Schedule 4 or Part A of Schedule 5 which necessarily relates to local
  government, if- \begin{enumerate}
  \item that matter would most effectively be administered
    locally; and
  \item the municipality has the capacity to administer
    it.

  \end{enumerate}

\item A municipality has the right to exercise any power
  concerning a matter reasonably necessary for, or incidental to, the
  effective performance of its functions.

\end{enumerate}

\section{Composition and election of Municipal Councils}
\begin{enumerate}
\item Subject to Schedule 6A, a Municipal Council consists
  of- \begin{enumerate}
  \item members elected in accordance with subsections (2)
    and (3); or
  \item if provided for by national
    legislation- \begin{enumerate}
    \item members appointed by other Municipal Councils to
      represent those other Councils; or
    \item both members elected in accordance with
      paragraph (a) and members appointed in accordance with subparagraph
      (i) of this paragraph.

    \end{enumerate}


  \end{enumerate}

  
  \emph{[Sub-s. (1) substituted by s. 1 (a) of Act 18 of
    2002.]}
\item The election of members to a Municipal Council as
  anticipated in subsection (1) (a) must be in accordance with national
  legislation, which must prescribe a system- \begin{enumerate}
  \item of proportional representation based on that
    municipality's segment of the national common voters roll, and which
    provides for the election of members from lists of party candidates
    drawn up in a party's order of preference; or
  \item of proportional representation as described in
    paragraph (a) combined with a system of ward representation based on
    that municipality's segment of the national common voters roll.

  \end{enumerate}

\item An electoral system in terms of subsection (2) must
  result, in general, in proportional representation.
  
  \emph{[Sub-s. (3) substituted by s. 1 (b) of Act 18 of
    2002.]}
\item \begin{enumerate}
  \item If the electoral system includes ward
    representation, the delimitation of wards must be done by an
    independent authority appointed in terms of, and operating according
    to, procedures and criteria prescribed by national legislation.
  \item Where a municipal boundary has been determined in
    terms of section 155 (6A), a ward delimited within that municipal
    boundary may not extend across the provincial boundary concerned.

  \end{enumerate}

  
  \emph{[Sub-s. (4) substituted by s. 2 of Act 87 of
    1998.]}
\item A person may vote in a municipality only if that
  person is registered on that municipality's segment of the national
  common voters roll.
\item The national legislation referred to in subsection
  (1) (b) must establish a system that allows for parties and interests
  reflected within the Municipal Council making the appointment, to be
  fairly represented in the Municipal Council to which the appointment
  is made.

\end{enumerate}

\section{Membership of Municipal Councils}
\begin{enumerate}
\item Every citizen who is qualified to vote for a
  Municipal Council is eligible to be a member of that Council,
  except- \begin{enumerate}
  \item anyone who is appointed by, or is in the service
    of, the municipality and receives remuneration for that appointment or
    service, and who has not been exempted from this disqualification in
    terms of national legislation;
  \item anyone who is appointed by, or is in the service
    of, the state in another sphere, and receives remuneration for that
    appointment or service, and who has been disqualified from membership
    of a Municipal Council in terms of national legislation;
  \item anyone who is disqualified from voting for the
    National Assembly or is disqualified in terms of section 47(1) (c),
    (d) or (e) from being a member of the Assembly;
  \item a member of the National Assembly, a delegate to
    the National Council of Provinces or a member of a provincial
    legislature; but this disqualification does not apply to a member of a
    Municipal Council representing local government in the National
    Council; or
  \item 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.

  \end{enumerate}

\item A person who is not eligible to be a member of a
  Municipal Council in terms of subsection (1) (a), (b), (d) or (e) may
  be a candidate for the Council, subject to any limits or conditions
  established by national legislation.

\end{enumerate}

\section{Terms of Municipal Councils}
\begin{enumerate}
\item The term of a Municipal Council may be no more than
  five years, as determined by national legislation.
\item If a Municipal Council is dissolved in terms of
  national legislation, or when its term expires, an election must be
  held within 90 days of the date that Council was dissolved or its term
  expired.
\item A Municipal Council, other than a Council that has
  been dissolved following an intervention in terms of section 139,
  remains competent to function from the time it is dissolved or its
  term expires, until the newly elected Council has been declared
  elected.

\end{enumerate}

\emph{[S. 159 substituted by s. 1 of Act 65 of 1998.]}

\section{Internal procedures}
\begin{enumerate}
\item A Municipal Council- \begin{enumerate}
  \item makes decisions concerning the exercise of all the
    powers and the performance of all the functions of the municipality;
  \item must elect its chairperson;
    
    \emph{[Date of commencement of para. (b): 30 June
      1997.]}
  \item may elect an executive committee and other
    committees, subject to national legislation; and
  \item may employ personnel that are necessary for the
    effective performance of its functions.

  \end{enumerate}

\item The following functions may not be delegated by a
  Municipal Council: \begin{enumerate}
  \item The passing of by-laws;
  \item the approval of budgets;
  \item the imposition of rates and other taxes, levies
    and duties; and
  \item the raising of loans.

  \end{enumerate}

\item \begin{enumerate}
  \item A majority of the members of a Municipal Council
    must be present before a vote may be taken on any matter.
  \item All questions concerning matters mentioned in
    subsection (2) are determined by a decision taken by a Municipal
    Council with a supporting vote of a majority of its members.
  \item All other questions before a Municipal Council are
    decided by a majority of the votes cast.

  \end{enumerate}

\item No by-law may be passed by a Municipal Council
  unless- \begin{enumerate}
  \item all the members of the Council have been given
    reasonable notice; and
  \item the proposed by-law has been published for public
    comment.

  \end{enumerate}

\item National legislation may provide criteria for
  determining- \begin{enumerate}
  \item the size of a Municipal Council;
  \item whether Municipal Councils may elect an executive
    committee or any other committee; or
  \item the size of the executive committee or any other
    committee of a Municipal Council.

  \end{enumerate}

\item A Municipal Council may make by-laws which prescribe
  rules and orders for- \begin{enumerate}
  \item its internal arrangements;
  \item its business and proceedings; and
  \item the establishment, composition, procedures, powers
    and functions of its committees.

  \end{enumerate}

\item A Municipal Council must conduct its business in an
  open manner, and may close its sittings, or those of its committees,
  only when it is reasonable to do so having regard to the nature of the
  business being transacted.
\item Members of a Municipal Council are entitled to
  participate in its proceedings and those of its committees in a manner
  that- \begin{enumerate}
  \item allows parties and interests reflected within the
    Council to be fairly represented;
  \item is consistent with democracy; and
  \item may be regulated by national legislation.

  \end{enumerate}


\end{enumerate}

\section{Privilege}

Provincial legislation within the framework of national
legislation may provide for privileges and immunities of Municipal
Councils and their members.

\section{Publication of municipal by-laws}
\begin{enumerate}
\item A municipal by-law may be enforced only after it has
  been published in the official gazette of the relevant province.
\item A provincial official gazette must publish a
  municipal by-law upon request by the municipality.
\item Municipal by-laws must be accessible to the public.

\end{enumerate}

\section{Organised local government}

An Act of Parliament enacted in accordance with the
procedure established by section 76 must- \begin{enumerate}
\item provide for the recognition of national and
  provincial organisations representing municipalities; and
\item determine procedures by which local government
  may- \begin{enumerate}
  \item consult with the national or a provincial
    government;
  \item designate representatives to participate in the
    National Council of Provinces; and
  \item nominate persons to the Financial and Fiscal
    Commission.

  \end{enumerate}


\end{enumerate}

\emph{[NB: Para. (b) has been substituted by s. 4 of the
  Constitution of the Republic of South Africa Second Amendment Act 61
  of 2001, a provision which will be put into operation by
  proclamation.]}
\section{Other matters}

Any matter concerning local government not dealt with in
the Constitution may be prescribed by national legislation or by
provincial legislation within the framework of national legislation.


\chapter{Courts and administration of justice (\S 165-180)}
 
\section{Judicial authority}
\begin{enumerate}
\item The judicial authority of the Republic is vested in the courts.
\item The courts are independent and subject only to the Constitution
  and the law, which they must apply impartially and without fear,
  favour or prejudice.
\item No person or organ of state may interfere with the functioning
  of the courts.
\item Organs of state, through legislative and other measures, must
  assist and protect the courts to ensure the independence,
  impartiality, dignity, accessibility and effectiveness of the courts.
\item An order or decision issued by a court binds all persons to whom
  and organs of state to which it applies.

\end{enumerate}

\section{Judicial system}

The courts are- \begin{enumerate}
\item the Constitutional Court;
\item the Supreme Court of Appeal;
\item the High Courts, including any high court of appeal that may be
  established by an Act of Parliament to hear appeals from High Courts;
\item the Magistrates' Courts; and
\item any other court established or recognised in terms of an Act of
  Parliament, including any court of a status similar to either the High
  Courts or the Magistrates' Courts.

\end{enumerate}

\section{Constitutional Court}
\begin{enumerate}
\item The Constitutional Court consists of the Chief Justice of South
  Africa, the Deputy Chief Justice and nine other judges.
  
  \emph{[Sub-s. (1) substituted by s. 11 of Act 34 of 2001.]}
\item A matter before the Constitutional Court must be heard by at
  least eight judges.
\item The Constitutional Court- \begin{enumerate}
  \item is the highest court in all constitutional matters;
  \item may decide only constitutional matters, and issues connected
    with decisions on constitutional matters; and
  \item makes the final decision whether a matter is a constitutional
    matter or whether an issue is connected with a decision on a
    constitutional matter.

  \end{enumerate}

\item Only the Constitutional Court may- \begin{enumerate}
  \item decide disputes between organs of state in the national or
    provincial sphere concerning the constitutional status, powers or
    functions of any of those organs of state;
  \item decide on the constitutionality of any parliamentary or
    provincial Bill, but may do so only in the circumstances anticipated
    in section 79 or 121;
  \item decide applications envisaged in section 80 or 122;
  \item decide on the constitutionality of any amendment to the
    Constitution;
  \item decide that Parliament or the President has failed to fulfil a
    constitutional obligation; or
  \item certify a provincial constitution in terms of section 144.

  \end{enumerate}

\item The Constitutional Court makes the final decision whether an Act
  of Parliament, a provincial Act or conduct of the President is
  constitutional, and must confirm any order of invalidity made by the
  Supreme Court of Appeal, a High Court, or a court of similar status,
  before that order has any force.
\item National legislation or the rules of the Constitutional Court
  must allow a person, when it is in the interests of justice and with
  leave of the Constitutional Court- \begin{enumerate}
  \item to bring a matter directly to the Constitutional Court; or
  \item to appeal directly to the Constitutional Court from any other
    court.

  \end{enumerate}

\item A constitutional matter includes any issue involving the
  interpretation, protection or enforcement of the Constitution.

\end{enumerate}

\section{Supreme Court of Appeal}
\begin{enumerate}
\item The Supreme Court of Appeal consists of a President, a Deputy
  President and the number of judges of appeal determined in terms an
  Act of Parliament.
  
  \emph{[Sub-s. (1) substituted by s. 12 of Act 34 of 2001.]}
\item A matter before the Supreme Court of Appeal must be decided by
  the number of judges determined in terms of an Act of Parliament.
  
  \emph{[Sub-s. (2) substituted by s. 12 of Act 34 of 2001.]}
\item The Supreme Court of Appeal may decide appeals in any matter. It
  is the highest court of appeal except in constitutional matters, and
  may decide only- \begin{enumerate}
  \item appeals;
  \item issues connected with appeals; and
  \item any other matter that may be referred to it in circumstances
    defined by an Act of Parliament.

  \end{enumerate}


\end{enumerate}

\section{High Courts}

A High Court may decide- \begin{enumerate}
\item any constitutional matter except a matter
  that- \begin{enumerate}
  \item only the Constitutional Court may decide; or
  \item is assigned by an Act of Parliament to another court of a status
    similar to a High Court; and

  \end{enumerate}

\item any other matter not assigned to another court by an Act of
  Parliament.

\end{enumerate}

\section{Magistrates' Courts and other courts}

Magistrates' Courts and all other courts may decide any matter
determined by an Act of Parliament, but a court of a status lower than
a High Court may not enquire into or rule on the constitutionality of
any legislation or any conduct of the President.

\section{Court procedures}

All courts function in terms of national legislation, and their rules
and procedures must be provided for in terms of national legislation.

\section{Powers of courts in constitutional matters}
\begin{enumerate}
\item When deciding a constitutional matter within its power, a
  court- \begin{enumerate}
  \item must declare that any law or conduct that is inconsistent with
    the Constitution is invalid to the extent of its inconsistency; and
  \item may make any order that is just and equitable,
    including- \begin{enumerate}
    \item an order limiting the retrospective effect of the declaration of
      invalidity; and
    \item an order suspending the declaration of invalidity for any period
      and on any conditions, to allow the competent authority to correct the
      defect.

    \end{enumerate}


  \end{enumerate}

\item \begin{enumerate}
  \item The Supreme Court of Appeal, a High Court or a court of similar
    status may make an order concerning the constitutional validity of an
    Act of Parliament, a provincial Act or any conduct of the President,
    but an order of constitutional invalidity has no force unless it is
    confirmed by the Constitutional Court.
  \item A court which makes an order of constitutional invalidity may
    grant a temporary interdict or other temporary relief to a party, or
    may adjourn the proceedings, pending a decision of the Constitutional
    Court on the validity of that Act or conduct.
  \item National legislation must provide for the referral of an order
    of constitutional invalidity to the Constitutional Court.
  \item Any person or organ of state with a sufficient interest may
    appeal, or apply, directly to the Constitutional Court to confirm or
    vary an order of constitutional invalidity by a court in terms of this
    subsection.

  \end{enumerate}


\end{enumerate}

\section{Inherent power}

The Constitutional Court, Supreme Court of Appeal and High Courts
have the inherent power to protect and regulate their own process, and
to develop the common law, taking into account the interests of
justice.

\section{Appointment of judicial officers}
\begin{enumerate}
\item Any appropriately qualified woman or man who is a fit and proper
  person may be appointed as a judicial officer. Any person to be
  appointed to the Constitutional Court must also be a South African
  citizen.
\item The need for the judiciary to reflect broadly the racial and
  gender composition of South Africa must be considered when judicial
  officers are appointed.
\item The President as head of the national executive, after
  consulting the Judicial Service Commission and the leader of parties
  represented in the National Assembly, appoints the Chief Justice and
  the Deputy Chief Justice and, after consulting the Judicial Service
  Commission, appoints the President and Deputy President of the Supreme
  Court of Appeal.
  
  \emph{[Sub-s. (3) substituted by s. 13 of Act 34 of 2001.]}
\item The other judges of the Constitutional Court are appointed by
  the President, as head of the national executive, after consulting the
  Chief Justice and the leaders of parties represented in the National
  Assembly, in accordance with the following
  procedure: \begin{enumerate}
  \item The Judicial Service Commission must prepare a list of nominees
    with three names more than the number of appointments to be made, and
    submit the list to the President.
  \item The President may make appointments from the list, and must
    advise the Judicial Service Commission, with reasons, if any of the
    nominees are unacceptable and any appointment remains to be made.
  \item The Judicial Service Commission must supplement the list with
    further nominees and the President must make the remaining
    appointments from the supplemented list.

  \end{enumerate}

  
  \emph{[Sub-s. (4) substituted by s. 13 of Act 34 of 2001.]}
\item At all times, at least four members of the Constitutional Court
  must be persons who were judges at the time they were appointed to the
  Constitutional Court.
\item The President must appoint the judges of all other courts on the
  advice of the Judicial Service Commission.
\item Other judicial officers must be appointed in terms of an Act of
  Parliament which must ensure that the appointment, promotion, transfer
  or dismissal of, or disciplinary steps against, these judicial
  officers take place without favour or prejudice.
\item Before judicial officers begin to perform their functions, they
  must take an oath or affirm, in accordance with Schedule 2, that they
  will uphold and protect the Constitution.

\end{enumerate}

\section{Acting judges}
\begin{enumerate}
\item The President may appoint a woman or a man to be an acting judge
  of the Constitutional Court if there is a vacancy or if a judge is
  absent. The appointment must be made on the recommendation of the
  Cabinet member responsible for the administration of justice acting
  with the concurrence of the Chief Justice.
  
  \emph{[Sub-s. (1) substituted by s. 14 of Act 34 of 2001.]}
\item The Cabinet member responsible for the administration of justice
  must appoint acting judges to other courts after consulting the senior
  judge of the court on which the acting judge will serve.

\end{enumerate}

\section{Terms of office and remuneration}
\begin{enumerate}
\item A Constitutional Court judge holds office for a non-renewable
  term of 12 years, or until he or she attains the age of 70, whichever
  occurs first, except where an Act of Parliament extends the term of
  office of a Constitutional Court judge.
  
  \emph{[Sub-s. (1) substituted by s. 15 of Act 34 of 2001.]}
\item Other judges hold office until they are discharged from active
  service in terms of an Act of Parliament.
\item The salaries, allowances and benefits of judges may not be
  reduced.

\end{enumerate}

\section{Removal}
\begin{enumerate}
\item A judge may be removed from office only if- \begin{enumerate}
  \item the Judicial Service Commission funds that the judge suffers
    from an incapacity, is grossly incompetent or is guilty of gross
    misconduct; and
  \item the National Assembly calls for that judge to be removed, by a
    resolution adopted with a supporting vote of at least two thirds of
    its members.

  \end{enumerate}

\item The President must remove a judge from office upon adoption of a
  resolution calling for that judge to be removed.
\item The President, on the advice of the Judicial Service Commission,
  may suspend a judge who is the subject of a procedure in terms of
  subsection (1).

\end{enumerate}

\section{Judicial Service Commission}
\begin{enumerate}
\item There is a Judicial Service Commission consisting
  of- \begin{enumerate}
  \item the Chief Justice, who presides at meetings of the Commission;
  \item the President of the Supreme Court of Appeal;
    
    \emph{[Para. (b) substituted by s. 16 (a) of Act 34 of 2001.]}
  \item one Judge President designated by the Judges President;
  \item the Cabinet member responsible for the administration of
    justice, or an alternate designated by that Cabinet member;
  \item two practising advocates nominated from within the advocates'
    profession to represent the profession as a whole, and appointed by
    the President;
  \item two practising attorneys nominated from within the attorneys'
    profession to represent the profession as a whole, and appointed by
    the President;
  \item one teacher of law designated by teachers of law at South
    African universities;
  \item six persons designated by the National Assembly from among its
    members, at least three of whom must be members of opposition parties
    represented in the Assembly;
  \item four permanent delegates to the National Council of Provinces
    designated together by the Council with a supporting vote of at least
    six provinces;
  \item four persons designated by the President as head of the national
    executive, after consulting the leaders of all the parties in the
    National Assembly; and
  \item when considering matters relating to a specific High Court, the
    Judge President of that Court and the Premier of the province
    concerned, or an alternate designated by each of them.

  \end{enumerate}

  
  \emph{[Para. (k) substituted by s. 2 of Act 65 of 1998 and by s. 16
    (b) of Act 34 of 2001.]}
\item If the number of persons nominated from within the advocates' or
  attorneys' profession in terms of subsection (1) (e) or (f) equals the
  number of vacancies to be filled, the President must appoint them. If
  the number of persons nominated exceeds the number of vacancies to be
  filled, the President, after consulting the relevant profession, must
  appoint sufficient of the nominees to fill the vacancies, taking into
  account the need to ensure that those appointed represent the
  profession as a whole.
\item Members of the Commission designated by the National Council of
  Provinces serve until they are replaced together, or until any vacancy
  occurs in their number. Other members who were designated or nominated
  to the Commission serve until they are replaced by those who
  designated or nominated them.
\item The Judicial Service Commission has the powers and functions
  assigned to it in the Constitution and national legislation.
\item The Judicial Service Commission may advise the national
  government on any matter relating to the judiciary or the
  administration of justice, but when it considers any matter except the
  appointment of a judge, it must sit without the members designated in
  terms of subsection (1) (h) and (i).
\item The Judicial Service Commission may determine its own procedure,
  but decisions of the Commission must be supported by a majority of its
  members.
\item If the Chief Justice or the President of the Supreme Court of
  Appeal is temporarily unable to serve on the Commission, the Deputy
  Chief Justice or the Deputy President of the Supreme Court of Appeal,
  as the case may be, acts as his or her alternate on the Commission.
  
  \emph{[Sub-s. (7) added by s. 2 (b) of Act 65 of 1998 and substituted
    by s. 16 (c) of Act 34 of 2001.]}
\item The President and the persons who appoint, nominate or designate
  the members of the Commission in terms of subsection (1) (c), (e), (f)
  and (g), may, in the same manner appoint, nominate or designate an
  alternate for each of those members, to serve on the Commission
  whenever the member concerned is temporarily unable to do so by reason
  of his or her incapacity or absence from the Republic or for any other
  sufficient reason.
  
  \emph{[Sub-s. (8) added by s. 2 (b) of Act 65 of 1998.]}

\end{enumerate}

\section{Prosecuting authority}
\begin{enumerate}
\item There is a single national prosecuting authority in the
  Republic, structured in terms of an Act of Parliament, and consisting
  of- \begin{enumerate}
  \item a National Director of Public Prosecutions, who is the head of
    the prosecuting authority, and is appointed by the President, as head
    of the national executive; and
  \item Directors of Public Prosecutions and prosecutors as determined
    by an Act of Parliament.

  \end{enumerate}

\item The prosecuting authority has the power to institute criminal
  proceedings on behalf of the state, and to carry out any necessary
  functions incidental to instituting criminal proceedings.
\item National legislation must ensure that the Directors of Public
  Prosecutions- \begin{enumerate}
  \item are appropriately qualified; and
  \item are responsible for prosecutions in specific jurisdictions,
    subject to subsection (5).

  \end{enumerate}

\item National legislation must ensure that the prosecuting authority
  exercises its functions without fear, favour or prejudice.
\item The National Director of Public Prosecutions- \begin{enumerate}
  \item must determine, with the concurrence of the Cabinet member
    responsible for the administration of justice, and after consulting
    the Directors of Public Prosecutions, prosecution policy, which must
    be observed in the prosecution process;
  \item must issue policy directives which must be observed in the
    prosecution process;
  \item may intervene in the prosecution process when policy directives
    are not complied with; and
  \item may review a decision to prosecute or not to prosecute, after
    consulting the relevant Director of Public Prosecutions and after
    taking representations within a period specified by the National
    Director of Public Prosecutions, from the following: \begin{enumerate}
    \item The accused person.
    \item The complainant.
    \item Any other person or party whom the National Director considers
      to be relevant.

    \end{enumerate}


  \end{enumerate}

\item The Cabinet member responsible for the administration of justice
  must exercise final responsibility over the prosecuting authority.
\item All other matters concerning the prosecuting authority must be
  determined by national legislation.

\end{enumerate}

\section{Other matters concerning administration of justice}

National legislation may provide for any matter concerning the
administration of justice that is not dealt with in the Constitution,
including- \begin{enumerate}
\item training programmes for judicial officers;
\item procedures for dealing with complaints about judicial officers;
  and
\item the participation of people other than judicial officers in
  court decisions.

\end{enumerate}





\chapter{State institutions supporting constitutional democracy (\S 181-194)}

\section{Establishment and governing principles}
\begin{enumerate}
\item The following state institutions strengthen constitutional democracy in the Republic: \begin{enumerate}
  \item The Public Protector.
  \item The South African Human Rights Commission.
    
    \emph{[Para. (b) amended by s. 4 of Act 65 of 1998.]}
  \item The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
  \item The Commission for Gender Equality.
  \item The Auditor-General.
  \item The Electoral Commission.

  \end{enumerate}

\item These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.
\item 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.
\item No person or organ of state may interfere with the functioning of these institutions.
\item These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

\end{enumerate}

\heading{Public Protector (\S 182-183)}

\section{Functions of Public Protector}
\begin{enumerate}
\item The Public Protector has the power, as regulated by national legislation- \begin{enumerate}
  \item 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;
  \item to report on that conduct; and
  \item to take appropriate remedial action.

  \end{enumerate}

\item The Public Protector has the additional powers and functions prescribed by national legislation.
\item The Public Protector may not investigate court decisions.
\item The Public Protector must be accessible to all persons and communities.
\item An report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.

\end{enumerate}

\section{Tenure}

The Public Protector is appointed for a non-renewable period of seven years. 

\heading{South African Human Rights Commission (s 184)}

\section{Functions of South African Human Rights Commission}
\begin{enumerate}
\item The South African Human Rights Commission must- \begin{enumerate}
  \item promote respect for human rights and a culture of human rights;
  \item promote the protection, development and attainment of human rights; and
  \item monitor and assess the observance of human rights in the Republic.

  \end{enumerate}

\item The South African Human Rights Commission has the powers, as regulated by national legislation, necessary to perform its functions, including the power- \begin{enumerate}
  \item to investigate and to report on the observance of human rights;
  \item to take steps to secure appropriate redress where human rights have been violated;
  \item to carry out research; and
  \item to educate.

  \end{enumerate}

\item Each year, the South African Human Rights Commission must require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment.
\item The South African Human Rights Commission has the additional powers and functions prescribed by national legislation.
  
  \emph{[S. 184 amended by s. 4 of Act 65 of 1998.]}

\end{enumerate}

\heading{Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (\S 185-186)}

\section{Functions of Commission}
\begin{enumerate}
\item The primary objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities are- \begin{enumerate}
  \item to promote respect for the rights of cultural, religious and linguistic communities;
  \item to promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association; and 
  \item to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa.

  \end{enumerate}

\item The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities.
\item The Commission may report any matter which falls within its powers and functions to the South African Human Rights Commission for investigation.
  
  \emph{[Sub-s. (3) amended by s. 4 of Act 65 of 1998.]}
\item The Commission has the additional powers and functions prescribed by national legislation.

\end{enumerate}

\section{Composition of Commission}
\begin{enumerate}
\item The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.
\item The composition of the Commission must- \begin{enumerate}
  \item be broadly representative of the main cultural, religious and linguistic communities in South Africa; and
  \item broadly reflect the gender composition of South Africa.

  \end{enumerate}


\end{enumerate}

\heading{Commission for Gender Equality (s 187)}

\section{Functions of Commission for Gender Equality}
\begin{enumerate}
\item The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality.
\item The Commission for Gender Equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.
\item The Commission for Gender Equality has the additional powers and functions prescribed by national legislation.

\end{enumerate}

\heading{Auditor-General (\S 188-189)}

\section{Functions of Auditor-General}
\begin{enumerate}
\item The Auditor-General must audit and report on the accounts, financial statements and financial management of- \begin{enumerate}
  \item all national and provincial state departments and administrations;
  \item all municipalities; and
  \item any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General.

  \end{enumerate}

\item In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor-General may audit and report on the accounts, financial statements and financial management of- \begin{enumerate}
  \item any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a municipality; or
  \item any institution that is authorised in terms of any law to receive money for a public purpose.

  \end{enumerate}

\item The Auditor-General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public.
\item The Auditor-General has the additional powers and functions prescribed by national legislation.

\end{enumerate}

\section{Tenure}

The Auditor-General must be appointed for a fixed, non-renewable term of between five and ten years. 

\heading{Electoral Commission (\S 190-191)}

\section{Functions of Electoral Commission}
\begin{enumerate}
\item The Electoral Commission must- \begin{enumerate}
  \item manage elections of national, provincial and municipal legislative bodies in accordance with national legislation;
  \item ensure that those elections are free and fair; and
  \item declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.

  \end{enumerate}

\item The Electoral Commission has the additional powers and functions prescribed by national legislation.

\end{enumerate}

\section{Composition of Electoral Commission}

The Electoral Commission must be composed of at least three persons. The number of members and their terms of office must be prescribed by national legislation. 

\heading{Independent Authority to Regulate Broadcasting (s 192)}

\section{Broadcasting Authority}

National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society. 

\heading{General Provisions (\S 193-194)}

\section{Appointments}
\begin{enumerate}
\item The Public Protector and the members of any Commission established by this Chapter must be women or men who- \begin{enumerate}
  \item are South African citizens;
  \item are fit and proper persons to hold the particular office; and
  \item comply with any other requirements prescribed by national legislation.

  \end{enumerate}

\item The need for a Commission established by this Chapter to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.
\item The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.
\item The President, on the recommendation of the National Assembly, must appoint the Public Protector, the Auditor-General and the members of- \begin{enumerate}
  \item the South African Human Rights Commission;
    
    \emph{[Para. (a) amended by s. 4 of Act 65 of 1998.]}
  \item the Commission for Gender Equality; and
  \item the Electoral Commission.

  \end{enumerate}

\item The National Assembly must recommend persons- \begin{enumerate}
  \item nominated by a committee of the Assembly proportionally composed of members of all parties represented in the Assembly; and 
  \item approved by the Assembly by a resolution adopted with a supporting vote- \begin{enumerate}
    \item of at least 60 per cent of the members of the Assembly, if the recommendation concerns the appointment of the Public Protector or the Auditor-General; or
    \item of a majority of the members of the Assembly, if the recommendation concerns the appointment of a member of a Commission.

    \end{enumerate}


  \end{enumerate}

\item The involvement of civil society in the recommendation process may be provided for as envisaged in section 59 (1) (a).

\end{enumerate}

\section{Removal from office}
\begin{enumerate}
\item The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on- \begin{enumerate}
  \item the ground of misconduct, incapacity or incompetence;
  \item a finding to that effect by a committee of the National Assembly; and
  \item the adoption by the Assembly of a resolution calling for that person's removal from office

  \end{enumerate}

\item A resolution of the National Assembly concerning the removal from office of- \begin{enumerate}
  \item the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or
  \item a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.

  \end{enumerate}

\item The President- \begin{enumerate}
  \item may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and
  \item must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal.

  \end{enumerate}


\end{enumerate}


 
\chapter{Public administration (\S 195-197)}

\section{Basic values and principles governing public administration}
\begin{enumerate}
\item Public administration must be governed by the democratic values
  and principles enshrined in the Constitution, including the following
  principles: \begin{enumerate}
  \item A high standard of professional ethics must be promoted and
    maintained.
  \item Efficient, economic and effective use of resources must be
    promoted.
  \item Public administration must be development-oriented.
  \item Services must be provided impartially, fairly, equitably and
    without bias.
  \item People's needs must be responded to, and the public must be
    encouraged to participate in policy-making.
  \item Public administration must be accountable.
  \item Transparency must be fostered by providing the public with
    timely, accessible and accurate information.
  \item Good human-resource management and career-development
    practices, to maximise human potential, must be cultivated.
  \item Public administration must be broadly representative of the
    South African people, with employment and personnel management
    practices based on ability, objectivity, fairness, and the need to
    redress the imbalances of the past to achieve broad representation.

  \end{enumerate}

\item The above principles apply to- \begin{enumerate}
  \item administration in every sphere of government;
  \item organs of state; and
  \item public enterprises.

  \end{enumerate}

\item National legislation must ensure the promotion of the values and
  principles listed in subsection (1).
\item The appointment in public administration of a number of persons
  on policy considerations is not precluded, but national legislation
  must regulate these appointments in the public service.
\item Legislation regulating public administration may differentiate
  between different sectors, administrations or institutions.
\item The nature and functions of different sectors, administrations
  or institutions of public administration are relevant factors to be
  taken into account in legislation regulating public administration.

\end{enumerate}

\section{Public Service Commission}
\begin{enumerate}
\item There is a single Public Service Commission for the Republic.
\item The Commission is independent and must be impartial, and must
  exercise its powers and perform its functions without fear, favour or
  prejudice in the interest of the maintenance of effective and
  efficient public administration and a high standard of professional
  ethics in the public service. The Commission must be regulated by
  national legislation.
\item Other organs of state, through legislative and other measures,
  must assist and protect the Commission to ensure the independence,
  impartiality, dignity and effectiveness of the Commission. No person
  or organ of state may interfere with the functioning of the
  Commission.
\item The powers and functions of the Commission
  are- \begin{enumerate}
  \item to promote the values and principles set out in section 195,
    throughout the public service;
  \item to investigate, monitor and evaluate the organisation and
    administration, and the personnel practices, of the public service;
  \item to propose measures to ensure effective and efficient
    performance within the public service;
  \item to give directions aimed at ensuring that personnel procedures
    relating to recruitment, transfers, promotions and dismissals comply
    with the values and principles set out in section 195;
  \item to report in respect of its activities and the performance of
    its functions, including any finding it may make and directions and
    advice it may give, and to provide an evaluation of the extent to
    which the values and principles set out in section 195 are complied
    with; and
  \item either of its own accord or on receipt of any
    complaint- \begin{enumerate}
    \item to investigate and evaluate the application of personnel and
      public administration practices, and to report to the relevant
      executive authority and legislature;
    \item to investigate grievances of employees in the public service
      concerning official acts or omissions, and recommend appropriate
      remedies;
    \item to monitor and investigate adherence to applicable
      procedures in the public service; and
    \item to advise national and provincial organs of state regarding
      personnel practices in the public service, including those relating to
      the recruitment, appointment, transfer, discharge and other aspects of
      the careers of employees in the public service.

    \end{enumerate}

  \item to exercise or perform the additional powers or functions
    prescribed by an Act of Parliament.

  \end{enumerate}

  \emph{[Para. (g) added by s. 3 of Act 65 of 1998.]}
\item The Commission is accountable to the National Assembly.
\item The Commission must report at least once a year in terms of
  subsection (4) (e)- \begin{enumerate}
  \item to the National Assembly; and
  \item in respect of its activities in a province, to the legislature
    of that province.

  \end{enumerate}

\item The Commission has the following 14 commissioners appointed by
  the President: \begin{enumerate}
  \item Five commissioners approved by the National Assembly in
    accordance with subsection (8) (a); and
  \item one commissioner for each province nominated by the Premier of
    the province in accordance with subsection (8) (b).

  \end{enumerate}

\item \begin{enumerate}
  \item A commissioner appointed in terms of subsection (7) (a) must
    be- \begin{enumerate}
    \item recommended by a committee of the National Assembly that is
      proportionally composed of members of all parties represented in the
      Assembly; and
    \item approved by the Assembly by a resolution adopted with a
      supporting vote of a majority of its members.

    \end{enumerate}

  \item A commissioner nominated by the Premier of a province must
    be- \begin{enumerate}
    \item recommended by a committee of the provincial legislature
      that is proportionally composed of members of all parties represented
      in the legislature; and
    \item approved by the legislature by a resolution adopted with a
      supporting vote of a majority of its members.

    \end{enumerate}


  \end{enumerate}

\item An Act of Parliament must regulate the procedure for the
  appointment of commissioners.
\item A commissioner is appointed for a term of five years, which is
  renewable for one additional term only, and must be a woman or a man
  who is- \begin{enumerate}
  \item a South African citizen; and
  \item a fit and proper person with knowledge of, or experience in,
    administration, management or the provision of public services.

  \end{enumerate}

\item A commissioner may be removed from office only
  on- \begin{enumerate}
  \item the ground of misconduct, incapacity or incompetence;
  \item a finding to that effect by a committee of the National
    Assembly or, in the case of a commissioner nominated by the Premier of
    a province, by a committee of the legislature of that province; and
  \item the adoption by the Assembly or the provincial legislature
    concerned, of a resolution with a supporting vote of a majority of its
    members calling for the commissioner's removal from office.

  \end{enumerate}

\item The President must remove the relevant commissioner from office
  upon- \begin{enumerate}
  \item the adoption by the Assembly of a resolution calling for that
    commissioner's removal; or
  \item written notification by the Premier that the provincial
    legislature has adopted a resolution calling for that commissioner's
    removal.

  \end{enumerate}

\item Commissioners referred to in subsection (7) (b) may exercise the
  powers and perform the functions of the Commission in their provinces
  as prescribed by national legislation.

\end{enumerate}

\section{Public Service}
\begin{enumerate}
\item Within public administration there is a public service for the
  Republic, which must function, and be structured, in terms of national
  legislation, and which must loyally execute the lawful policies of the
  government of the day.
\item The terms and conditions of employment in the public service
  must be regulated by national legislation. Employees are entitled to a
  fair pension as regulated by national legislation.
\item No employee of the public service may be favoured or prejudiced
  only because that person supports a particular political party or
  cause.
\item Provincial governments are responsible for the recruitment,
  appointment, promotion, transfer and dismissal of members of the
  public service in their administrations within a framework of uniform
  norms and standards applying to the public service.

\end{enumerate}


 

\chapter{Security services (\S 198-210)}

\section{Governing principles} The following principles govern
national security in the Republic: \begin{enumerate}
\item National security must reflect the resolve of South Africans, as
  individuals and as a nation, to live as equals, to live in peace and
  harmony, to be free from fear and want and to seek a better life.
\item The resolve to live in peace and harmony precludes any South
  African citizen from participating in armed conflict, nationally or
  internationally, except as provided for in terms of the Constitution
  or national legislation.
\item National security must be pursued in compliance with the law,
  including international law.
\item National security is subject to the authority of Parliament and
  the national executive.

\end{enumerate}

\section{Establishment, structuring and conduct of security services}
\begin{enumerate}
\item The security services of the Republic consist of a single
  defence force, a single police service and any intelligence services
  established in terms of the Constitution.
\item The defence force is the only lawful military force in the
  Republic.
\item Other than the security services established in terms of the
  Constitution, armed organisations or services may be established only
  in terms of national legislation.
\item The security services must be structured and regulated by
  national legislation.
\item The security services must act, and must teach and require their
  members to act, in accordance with the Constitution and the law,
  including customary international law and international agreements
  binding on the Republic.
\item No member of any security service may obey a manifestly illegal
  order.
\item Neither the security services, nor any of their members, may, in
  the performance of their functions- \begin{enumerate}
  \item prejudice a political party interest that is legitimate in terms
    of the Constitution; or
  \item further, in a partisan manner, any interest of a political
    party.

  \end{enumerate}

\item To give effect to the principles of transparency and
  accountability, multi-party parliamentary committees, have oversight
  of all security services in a manner determined by national
  legislation or the rules and orders of Parliament.

\end{enumerate}

\heading{Defence (\S 200-204)}

\section{Defence force}
\begin{enumerate}
\item The defence force must be structured and managed as a
  disciplined military force.
\item The primary object of the defence force is to defend and protect
  the Republic, its territorial integrity and its people in accordance
  with the Constitution and the principles of international law
  regulating the use of force.

\end{enumerate}

\section{Political responsibility}
\begin{enumerate}
\item A member of the Cabinet must be responsible for defence.
\item Only the President, as head of the national executive, may
  authorise the employment of the defence force- \begin{enumerate}
  \item in co-operation with the police service;
  \item in defence of the Republic; or
  \item in fulfilment of an international obligation.

  \end{enumerate}

\item When the defence force is employed for any purpose mentioned in
  subsection (2), the President must inform Parliament, promptly and in
  appropriate detail, of- \begin{enumerate}
  \item the reasons for the employment of the defence force;
  \item any place where the force is being employed;
  \item the number of people involved; and
  \item the period for which the force is expected to be employed.

  \end{enumerate}

\item If Parliament does not sit during the first seven days after the
  defence force is employed as envisaged in subsection (2), the
  President must provide the information required in subsection (3) to
  the appropriate oversight committee.

\end{enumerate}

\section{Command of defence force}
\begin{enumerate}
\item The President as head of the national executive is
  Commander-in-Chief of the defence force, and must appoint the Military
  Command of the defence force.
\item Command of the defence force must be exercised in accordance
  with the directions of the Cabinet member responsible for defence,
  under the authority of the President.

\end{enumerate}

\section{State of national defence}
\begin{enumerate}
\item The President as head of the national executive may declare a
  state of national defence, and must inform Parliament promptly and in
  appropriate detail of- \begin{enumerate}
  \item the reasons for the declaration;
  \item any place where the defence force is being employed; and
  \item the number of people involved.

  \end{enumerate}

\item If Parliament is not sitting when a state of national defence is
  declared, the President must summon Parliament to an extraordinary
  sitting within seven days of the declaration.
\item A declaration of a state of national defence lapses unless it is
  approved by Parliament within seven days of the declaration.

\end{enumerate}

\section{Defence civilian secretariat}  - A civilian secretariat for
defence must be established by national legislation to function under
the direction of the Cabinet member responsible for defence.

\heading{Police (\S 205-208)}

\section{Police service}
\begin{enumerate}
\item The national police service must be structured to function in
  the national, provincial and, where appropriate, local spheres of
  government.
\item National legislation must establish the powers and functions of
  the police service and must enable the police service to discharge its
  responsibilities effectively, taking into account the requirements of
  the provinces.
\item The objects of the police service are to prevent, combat and
  investigate crime, to maintain public order, to protect and secure the
  inhabitants of the Republic and their property, and to uphold and
  enforce the law.

\end{enumerate}

\section{Political responsibility}
\begin{enumerate}
\item A member of the Cabinet must be responsible for policing and
  must determine national policing policy after consulting the
  provincial governments and taking into account the policing needs and
  priorities of the provinces as determined by the provincial
  executives.
\item The national policing policy may make provision for different
  policies in respect of different provinces after taking into account
  the policing needs and priorities of these provinces.
\item Each province is entitled- \begin{enumerate}
  \item to monitor police conduct;
  \item to oversee the effectiveness and efficiency of the police
    service, including receiving reports on the police service;
  \item to promote good relations between the police and the community;
  \item to assess the effectiveness of visible policing; and
  \item to liaise with the Cabinet member responsible for policing with
    respect to crime and policing in the province.

  \end{enumerate}

\item A provincial executive is responsible for policing functions-
  \begin{enumerate}
  \item vested in it by this Chapter;
  \item assigned to it in terms of national legislation; and
  \item allocated to it in the national policing policy.

  \end{enumerate}

\item In order to perform the functions set out in subsection (3), a
  province- \begin{enumerate}
  \item may investigate, or appoint a commission of inquiry into, any
    complaints of police inefficiency or a breakdown in relations between
    the police and any community; and
  \item must make recommendations to the Cabinet member responsible for
    policing.

  \end{enumerate}

\item On receipt of a complaint lodged by a provincial executive, an
  independent police complaints body established by national legislation
  must investigate any alleged misconduct of, or offence committed by, a
  member of the police service in the province.
\item National legislation must provide a framework for the
  establishment, powers, functions and control of municipal police
  services.
\item A committee composed of the Cabinet member and the members of
  the Executive Councils responsible for policing must be established to
  ensure effective co-ordination of the police service and effective
  co-operation among the spheres of government.
\item A provincial legislature may require the provincial commissioner
  of the province to appear before it or any of its committees to answer
  questions.

\end{enumerate}

  \section{Control of police service}

  \begin{enumerate}
  \item The President as head of the national executive must appoint a
    woman or a man as the National Commissioner of the police service, to
    control and manage the police service.
  \item The National Commissioner must exercise control over and manage
    the police service in accordance with the national policing policy and
    the directions of the Cabinet member responsible for policing.
  \item The National Commissioner, with the concurrence of the
    provincial executive, must appoint a woman or a man as the provincial
    commissioner for that province, but if the National Commissioner and
    the provincial executive are unable to agree on the appointment, the
    Cabinet member responsible for policing must mediate between the
    parties.
  \item The provincial commissioners are responsible for policing in
    their respective provinces- \begin{enumerate}
    \item as prescribed by national legislation; and
    \item subject to the power of the National Commissioner to exercise
      control over and manage the police service in terms of subsection (2).

    \end{enumerate}

  \item The provincial commissioner must report to the provincial
    legislature annually on policing in the province, and must send a copy
    of the report to the National Commissioner.
  \item If the provincial commissioner has lost the confidence of the
    provincial executive, that executive may institute appropriate
    proceedings for the removal or transfer of, or disciplinary action
    against, that commissioner, in accordance with national legislation.

  \end{enumerate}

  \section{Police civilian secretariat}  - A civilian secretariat for
  the police service must be established by national legislation to
  function under the direction of the Cabinet member responsible for
  policing.

  \heading{Intelligence (\S 209-210)}
  
  \section{Establishment and control of intelligence services}
  \begin{enumerate}
  \item Any intelligence service, other than any intelligence division
    of the defence force or police service, may be established only by the
    President, as head of the national executive, and only in terms of
    national legislation.
  \item The President as head of the national executive must appoint a
    woman or a man as head of each intelligence service established in
    terms of subsection (1), and must either assume political
    responsibility for the control and direction of any of those services,
    or designate a member of the Cabinet to assume that responsibility.

  \end{enumerate}

  \section{Powers, functions and monitoring}  - National legislation
  must regulate the objects, powers and functions of the intelligence
  services, including any intelligence division of the defence force or
  police service, and must provide for- \begin{enumerate}
  \item the co-ordination of all intelligence services; and
  \item civilian monitoring of the activities of those services by an
    inspector appointed by the President, as head of the national
    executive, and approved by a resolution adopted by the National
    Assembly with a supporting vote of at least two thirds of its members.

  \end{enumerate}



\chapter{Traditional leaders (\S 211-212)}
 
\section{Recognition}
\begin{enumerate}
\item The institution, status and role of traditional leadership,
  according to customary law, are recognised, subject to the
  Constitution.
\item A traditional authority that observes a system of customary law
  may function subject to any applicable legislation and customs, which
  includes amendments to, or repeal of, that legislation or those
  customs.
\item The courts must apply customary law when that law is applicable,
  subject to the Constitution and any legislation that specifically
  deals with customary law.

\end{enumerate}

\section{Role of traditional leaders}
\begin{enumerate}
\item National legislation may provide for a role for traditional
  leadership as an institution at local level on matters affecting local
  communities.
\item To deal with matters relating to traditional leadership, the
  role of traditional leaders, customary law and the customs of
  communities observing a system of customary law- \begin{enumerate}
  \item national or provincial legislation may provide for the
    establishment of houses of traditional leaders; and
  \item national legislation may establish a council of traditional
    leaders.

  \end{enumerate}


\end{enumerate}


 
\chapter{Finance (\S 213-230)}
 
\heading{General Financial Matters (\S 213-219)}

  \section{National Revenue Fund}
  \begin{enumerate}
  \item There is a National Revenue Fund into which all money received
    by the national government must be paid, except money reasonably
    excluded by an Act of Parliament.
  \item Money may be withdrawn from the National Revenue Fund
    only- \begin{enumerate}
    \item in terms of an appropriation by an Act of Parliament; or
    \item as a direct charge against the National Revenue Fund, when it is
      provided for in the Constitution or an Act of Parliament.

    \end{enumerate}

  \item A province's equitable share of revenue raised nationally is a
    direct charge against the National Revenue Fund.
    
    \emph{[Date of commencement of s. 213: 1 January 1998.]}

  \end{enumerate}

  \section{Equitable shares and allocations of revenue}
  \begin{enumerate}
  \item An Act of Parliament must provide for- \begin{enumerate}
    \item the equitable division of revenue raised nationally among the
      national, provincial and local spheres of government;
    \item the determination of each province's equitable share of the
      provincial share of that revenue; and
    \item any other allocations to provinces, local government or
      municipalities from the national government's share of that revenue,
      and any conditions on which those allocations may be made.

    \end{enumerate}

  \item The Act referred to in subsection (1) may be enacted only after
    the provincial governments, organised local government and the
    Financial and Fiscal Commission have been consulted, and any
    recommendations of the Commission have been considered, and must take
    into account- \begin{enumerate}
    \item the national interest;
    \item any provision that must be made in respect of the national debt
      and other national obligations;
    \item the needs and interests of the national government, determined
      by objective criteria;
    \item the need to ensure that the provinces and municipalities are
      able to provide basic services and perform the functions allocated to
      them;
    \item the fiscal capacity and efficiency of the provinces and
      municipalities;
    \item developmental and other needs of provinces, local government and
      municipalities;
    \item economic disparities within and among the provinces;
    \item obligations of the provinces and municipalities in terms of
      national legislation;
    \item the desirability of stable and predictable allocations of
      revenue shares; and
    \item the need for flexibility in responding to emergencies or other
      temporary needs, and other factors based on similar objective
      criteria.
      
      \emph{[Date of commencement of s. 214: 1 January 1998.]}

    \end{enumerate}


  \end{enumerate}

  \section{National, provincial and municipal budgets}
  \begin{enumerate}
  \item National, provincial and municipal budgets and budgetary
    processes must promote transparency, accountability and the effective
    financial management of the economy, debt and the public sector.
  \item National legislation must prescribe- \begin{enumerate}
    \item the form of national, provincial and municipal budgets;
    \item when national and provincial budgets must be tabled; and
    \item that budgets in each sphere of government must show the sources
      of revenue and the way in which proposed expenditure will comply with
      national legislation.

    \end{enumerate}

  \item Budgets in each sphere of government must
    contain- \begin{enumerate}
    \item estimates of revenue and expenditure, differentiating between
      capital and current expenditure;
    \item proposals for financing any anticipated deficit for the period
      to which they apply; and
    \item an indication of intentions regarding borrowing and other forms
      of public liability that will increase public debt during the ensuing
      year.
      
      \emph{[Date of commencement of s. 215: 1 January 1998.]}

    \end{enumerate}


  \end{enumerate}

  \section{Treasury control}
  \begin{enumerate}
  \item National legislation must establish a national treasury and
    prescribe measures to ensure both transparency and expenditure control
    in each sphere of government, by introducing- \begin{enumerate}
    \item generally recognised accounting practice;
    \item uniform expenditure classifications; and
    \item uniform treasury norms and standards.

    \end{enumerate}

  \item The national treasury must enforce compliance with the measures
    established in terms of subsection (1), and may stop the transfer of
    funds to an organ of state if that organ of state commits a serious or
    persistent material breach of those measures.
    
    \emph{[Sub-s. (2) substituted by s. 5 (a) of Act 61 of 2001.]}
  \item A decision to stop the transfer of funds due to a province in
    terms of section 214 (1) (b) may be taken only in the circumstances
    mentioned in subsection (2) and- \begin{enumerate}
    \item may not stop the transfer of funds for more than 120 days; and
    \item may be enforced immediately, but will lapse retrospectively
      unless Parliament approves it following a process substantially the
      same as that established in terms of section 76 (1) and prescribed by
      the joint rules and orders of Parliament. This process must be
      completed within 30 days of the decision by the national treasury.
      
      \emph{[Sub-s. (3) amended by s. 5 (b) of Act 61 of 2001.]}

    \end{enumerate}

  \item Parliament may renew a decision to stop the transfer of funds
    for no more than 120 days at a time, following the process established
    in terms of subsection (3).
  \item Before Parliament may approve or renew a decision to stop the
    transfer of funds to a province- \begin{enumerate}
    \item the Auditor-General must report to Parliament; and
    \item the province must be given an opportunity to answer the
      allegations against it, and to state its case, before a committee.
      
      \emph{[Date of commencement of . 216: 1 January 1998.]}

    \end{enumerate}


  \end{enumerate}

  \section{Procurement}
  \begin{enumerate}
  \item When an organ of state in the national, provincial or local
    sphere of government, or any other institution identified in national
    legislation, contracts for goods or services, it must do so in
    accordance with a system which is fair, equitable, transparent,
    competitive and cost-effective.
  \item Subsection (1) does not prevent the organs of state or
    institutions referred to in that subsection from implementing a
    procurement policy providing for- \begin{enumerate}
    \item categories of preference in the allocation of contracts; and
    \item the protection or advancement of persons, or categories of
      persons, disadvantaged by unfair discrimination.

    \end{enumerate}

  \item National legislation must prescribe a framework within which the
    policy referred to in subsection (2) must be implemented.
    
    \emph{[Sub-s. (3) substituted by s. 6 of Act 61 of 2001.]}

  \end{enumerate}

  \section{Government guarantees}
  \begin{enumerate}
  \item The national government, a provincial government or a
    municipality may guarantee a loan only if the guarantee complies with
    any conditions set out in national legislation.
  \item National legislation referred to in subsection (1) may be
    enacted only after any recommendations of the Financial and Fiscal
    Commission have been considered.
  \item Each year, every government must publish a report on the
    guarantees it has granted.
    
    \emph{[Date of commencement of s. 218: 1 January 1998.]}

  \end{enumerate}

  \section{Remuneration of persons holding public office}
  \begin{enumerate}
  \item An Act of Parliament must establish a framework for
    determining- \begin{enumerate}
    \item the salaries, allowances and benefits of members of the National
      Assembly, permanent delegates to the National Council of Provinces,
      members of the Cabinet, Deputy Ministers, traditional leaders and
      members of any councils of traditional leaders; and
    \item the upper limit of salaries, allowances or benefits of members
      of provincial legislatures, members of Executive Councils and members
      of Municipal Councils of the different categories.

    \end{enumerate}

  \item National legislation must establish an independent commission to
    make recommendations concerning the salaries, allowances and benefits
    referred to in subsection.
  \item Parliament may pass the legislation referred to in subsection
    (1) only after considering any recommendations of the commission
    established in terms of subsection (2).
  \item The national executive, a provincial executive, a municipality
    or any other relevant authority may implement the national legislation
    referred to in subsection (1) only after considering any
    recommendations of the commission established in terms of subsection
    (2).
  \item National legislation must establish frameworks for determining
    the salaries, allowances and benefits of judges, the Public Protector,
    the Auditor-General, and members of any commission provided for in the
    Constitution, including the broadcasting authority referred to in
    section 192.

  \end{enumerate}

  \heading{Financial and Fiscal Commission (\S 220-222)}
  
  \section{Establishment and functions}
  \begin{enumerate}
  \item There is a Financial and Fiscal Commission for the Republic
    which makes recommendations envisaged in this Chapter, or in national
    legislation, to Parliament, provincial legislatures and any other
    authorities determined by national legislation.
  \item The Commission is independent and subject only to the
    Constitution and the law, and must be impartial.
  \item The Commission must function in terms of an Act of Parliament
    and, in performing its functions, must consider all relevant factors,
    including those listed in section 214 (2).

  \end{enumerate}

  \section{Appointment and tenure of members}
  \begin{enumerate}
  \item The Commission consists of the following women and men appointed
    by the President, as head of the national executive: \begin{enumerate}
    \item A chairperson and a deputy chairperson;
      
      \emph{[Para. (a) substituted by s. 2 of Act 2 of 1999.]}
    \item nine persons each of whom is nominated by the Executive Council
      of a province, with each province nominating only one person;
    \item two persons nominated by organised local government in terms of
      section 163; and
    \item nine other persons.
      
      \emph{[NB: Sub-s. (1) has been substituted by s. 7 (a) and a
        sub-s. (1A) has been inserted by s. 7 (b) of the Constitution of the
        Republic of South Africa Second Amendment Act 61 of 2001, provisions
        which will be put into operation by proclamation. See PENDLEX.]}

    \end{enumerate}

  \item Members of the Commission must have appropriate expertise.
  \item Members serve for a term established in terms of national
    legislation. The President may remove a member from office on the
    ground of misconduct, incapacity or incompetence.

  \end{enumerate}

  \section{Reports}
  
  The Commission must report regularly both to Parliament and to the
  provincial legislatures.

  \heading{Central Bank (\S 223-225)}
  
  \section{Establishment}
  
  The South African Reserve Bank is the central bank of the Republic
  and is regulated in terms of an Act of Parliament.

  
  \section{Primary object}
  \begin{enumerate}
  \item The primary object of the South African Reserve Bank is to
    protect the value of the currency in the interest of balanced and
    sustainable economic growth in the Republic.
  \item The South African Reserve Bank, in pursuit of its primary
    object, must perform its functions independently and without fear,
    favour or prejudice, but there must be regular consultation between
    the Bank and the Cabinet member responsible for national financial
    matters.

  \end{enumerate}

  \section{Powers and functions}
  
  The powers and functions of the South African Reserve Bank are those
  customarily exercised and performed by central banks, which powers and
  functions must be determined by an Act of Parliament and must be
  exercised or performed subject to the conditions prescribed in terms
  of that Act.

  \heading{Provincial and Local Financial Matters (\S 226-230)}
  
  \section{Provincial Revenue Funds}
  \begin{enumerate}
  \item There is a Provincial Revenue Fund for each province into which
    all money received by the provincial government must be paid, except
    money reasonably excluded by an Act of Parliament.
  \item Money may be withdrawn from a Provincial Revenue Fund
    only- \begin{enumerate}
    \item in terms of an appropriation by a provincial Act; or
    \item as a direct charge against the Provincial Revenue Fund, when it
      is provided for in the Constitution or a provincial Act.

    \end{enumerate}

  \item Revenue allocated through a province to local government in that
    province in terms of section 214 (1), is a direct charge against that
    province's Revenue Fund.
  \item National legislation may determine a framework within
    which- \begin{enumerate}
    \item a provincial Act may in terms of subsection (2) (b) authorise
      the withdrawal of money as a direct charge against a Provincial
      Revenue Fund; and
    \item revenue allocated through a province to local government in that
      province in terms of subsection (3) must be paid to municipalities in
      the province.
      
      \emph{[Sub-s. (4) added by s. 8 of Act 61 of 2001.]}
      
      \emph{[Date of commencement of s. 226: 1 January 1998.]}

    \end{enumerate}


  \end{enumerate}

  \section{National sources of provincial and local government funding}
  \begin{enumerate}
  \item Local government and each province- \begin{enumerate}
    \item is entitled to an equitable share of revenue raised nationally
      to enable it to provide basic services and perform the functions
      allocated to it; and
    \item may receive other allocations from national government revenue,
      either conditionally or unconditionally.

    \end{enumerate}

  \item Additional revenue raised by provinces or municipalities may not
    be deducted from their share of revenue raised nationally, or from
    other allocations made to them out of national government
    revenue. Equally, there is no obligation on the national government to
    compensate provinces or municipalities that do not raise revenue
    commensurate with their fiscal capacity and tax base.
  \item A province's equitable share of revenue raised nationally must
    be transferred to the province promptly and without deduction, except
    when the transfer has been stopped in terms of section 216.
  \item A province must provide for itself any resources that it
    requires, in terms of a provision of its provincial constitution, that
    are additional to its requirements envisaged in the Constitution.
    
    \emph{[Date of commencement of s. 227: 1 January 1998.]}

  \end{enumerate}

  \section{Provincial taxes}
  \begin{enumerate}
  \item A provincial legislature may impose- \begin{enumerate}
    \item taxes, levies and duties other than income tax, value-added tax,
      general sales tax, rates on property or customs duties; and
    \item flat-rate surcharges on any tax, levy or duty that is imposed by
      national legislation, other than on corporate income tax, value-added
      tax, rates on property or customs duties.

    \end{enumerate}

    
    \emph{[Para. (b) substituted by s. 9 of Act 61 of 2001.]}
  \item The power of a provincial legislature to impose taxes, levies,
    duties and surcharges- \begin{enumerate}
    \item may not be exercised in way that materially and unreasonably
      prejudices national economic policies, economic activities across
      provincial boundaries, or the national mobility of goods, services,
      capital or labour; and
    \item must be regulated in terms of an Act of Parliament, which may be
      enacted only after any recommendations of the Financial and Fiscal
      Commission have been considered.
      
      \emph{[Date of commencement of s. 228: 1 January 1998.]}

    \end{enumerate}


  \end{enumerate}

  \section{Municipal fiscal powers and functions}
  \begin{enumerate}
  \item Subject to subsections (2), (3) and (4), a municipality may
    impose- \begin{enumerate}
    \item rates on property and surcharges on fees for services provided
      by or on behalf of the municipality; and
    \item if authorised by national legislation, other taxes, levies and
      duties appropriate to local government or to the category of local
      government into which that municipality falls, but no municipality may
      impose income tax, value-added tax, general sales tax or customs duty.

    \end{enumerate}

  \item The power of a municipality to impose rates on property,
    surcharges on fees for services provided by or on behalf of the
    municipality, or other taxes, levies or duties- \begin{enumerate}
    \item may not be exercised in a way that materially and unreasonably
      prejudices national economic policies, economic activities across
      municipal boundaries, or the national mobility of goods, services,
      capital or labour; and
    \item may be regulated by national legislation.

    \end{enumerate}

  \item When two municipalities have the same fiscal powers and
    functions with regard to the same area, an appropriate division of
    those powers and functions must be made in terms of national
    legislation. The division may be made only after taking into account
    at least the following criteria: \begin{enumerate}
    \item The need to comply with sound principles of taxation.
    \item The powers and functions performed by each municipality.
    \item The fiscal capacity of each municipality.
    \item The effectiveness and efficiency of raising taxes, levies and
      duties.
    \item Equity.

    \end{enumerate}

  \item Nothing in this section precludes the sharing of revenue raised
    in terms of this section between municipalities that have fiscal power
    and functions in the same area.
  \item National legislation envisaged in this section may be enacted
    only after organised local government and the Financial and Fiscal
    Commission have been consulted, and any recommendations of the
    Commission have been considered.
    
    \emph{[Date of commencement of s. 229: 1 January 1998.]}

  \end{enumerate}

  \section{Provincial loans}
  \begin{enumerate}
  \item A province may raise loans for capital or current expenditure in
    accordance with national legislation, but loans for current
    expenditure may be raised only when necessary for bridging purposes
    during a fiscal year.
  \item National legislation referred to in subsection (1) may be
    enacted only after any recommendations of the Financial and Fiscal
    Commission have been considered.
    
    \emph{[S. 230 substituted by s. 10 of Act 61 of 2001.]}
    
    \emph{[Date of commencement of s. 230: 1 January 1998.]}

  \end{enumerate}

 \section*{230A. Municipal loans}

 \begin{enumerate}
  \item A Municipal Council may, in accordance with national
    legislation-- 
  \begin{enumerate}
    \item raise loans for capital or current expenditure for the
      municipality, but loans for current expenditure may be raised only
      when necessary for bridging purposes during a fiscal year; and
    \item bind itself and a future Council in the exercise of its
      legislative and executive authority to secure loans or investments for
      the municipality.

    \end{enumerate}

  \item National legislation referred to in subsection (1) may be
    enacted only after any recommendations of the Financial and Fiscal
    Commission have been considered.
    
    \emph{[S. 230. A. inserted by s. 17 of Act 34 of 2001.]}

  \end{enumerate}


 
\chapter{General provisions (\S 231-243)}

\heading{International Law (\S 231-233)}

  \section{International agreements}
  \begin{enumerate}
  \item The negotiating and signing of all international agreements is
    the responsibility of the national executive.
  \item An international agreement binds the Republic only after it has
    been approved by resolution in both the National Assembly and the
    National Council of Provinces, unless it is an agreement referred to
    in subsection (3).
  \item An international agreement of a technical, administrative or
    executive nature, or an agreement which does not require either
    ratification or accession, entered into by the national executive,
    binds the Republic without approval by the National Assembly and the
    National Council of Provinces, but must be tabled in the Assembly and
    the Council within a reasonable time.
  \item Any international agreement becomes law in the Republic when it
    is enacted into law by national legislation; but a self-executing
    provision of an agreement that has been approved by Parliament is law
    in the Republic unless it is inconsistent with the Constitution or an
    Act of Parliament.
  \item The Republic is bound by international agreements which were
    binding on the Republic when this Constitution took effect.

  \end{enumerate}

  \section{Customary international law}
  
  Customary international law is law in the Republic unless it is
  inconsistent with the Constitution or an Act of Parliament.

  \section{Application of international law}
  
  When interpreting any legislation, every court must prefer any
  reasonable interpretation of the legislation that is consistent with
  international law over any alternative interpretation that is
  inconsistent with international law.

  \heading{Other Matters (\S 234-243)}
  
  \section{Charters of Rights}
  
  In order to deepen the culture of democracy established by the
  Constitution, Parliament may adopt Charters of Rights consistent with
  the provisions of the Constitution.

  \section{Self-determination}
  
  The right of the South African people as a whole to
  self-determination, as manifested in this Constitution, does not
  preclude, within the framework of this right, recognition of the right
  of self-determination of any community sharing a common cultural and
  language heritage, within a territorial entity in the Republic or in
  any other way, determined by national legislation.

  \section{Funding for political parties}
  
  To enhance multi-party democracy, national legislation must provide
  for the funding of political parties participating in national and
  provincial legislatures on an equitable and proportional basis.

  \section{Diligent performance of obligations}
  
  All constitutional obligations must be performed diligently and
  without delay.

  \section{Agency and delegation}
  
  An executive organ of state in any sphere of government
  may- \begin{enumerate}
  \item delegate any power or function that is to be exercised or
    performed in terms of legislation to any other executive organ of
    state, provided the delegation is consistent with the legislation in
    terms of which the power is exercised or the function is performed; or
  \item exercise any power or perform any function for any other
    executive organ of state on an agency or delegation basis.

  \end{enumerate}

  \section{Definitions}
  
  In the Constitution, unless the context indicates
  otherwise-- \begin{enumerate}
  \item `national legislation' includes- \begin{enumerate}
    \item subordinate legislation made in terms of an Act of Parliament;
      and
    \item legislation that was in force when the Constitution took effect
      and that is administered by the national government;

    \end{enumerate}

  \item `organ of state' means- \begin{enumerate}
    \item any department of state or administration in the national,
      provincial or local sphere of government; or
    \item any other functionary or institution- \begin{enumerate}
      \item exercising a power or performing a function in terms of the
        Constitution or a provincial constitution; or
      \item exercising a public power or performing a public function in
        terms of any legislation,

      \end{enumerate} but does not include a court or a judicial officer;

    \end{enumerate}

  \item `provincial legislation' includes-- 
     \begin{enumerate}
    \item subordinate legislation made in terms of a provincial Act; and
    \item legislation that was in force when the Constitution took effect
      and that is administered by a provincial government.

    \end{enumerate}


  \end{enumerate}

  \section{Inconsistencies between different texts}
  
  In the event of an inconsistency between different texts of the
  Constitution, the English text prevails.

  \section{Transitional arrangements}
  
  Schedule 6 applies to the transition to the new constitutional order
  established by this Constitution, and any matter incidental to that
  transition.

  \section{Repeal of laws}
  
  The laws mentioned in Schedule 7 are repealed, subject to section 243
  and Schedule 6.

  \section{Short title and commencement}
  \begin{enumerate}
  \item This Act is called the Constitution of the Republic of South
    Africa, 1996, and comes into effect as soon as possible on a date set
    by the President by proclamation, which may not be a date later than 1
    July 1997.
  \item The President may set different dates before the date mentioned
    in subsection (1) in respect of different provisions of the
    Constitution.
  \item Unless the context otherwise indicates, a reference in a
    provision of the Constitution to a time when the Constitution took
    effect must be construed as a reference to the time when that
    provision took effect.
  \item If a different date is set for any particular provision of the
    Constitution in terms of subsection (2), any corresponding provision
    of the Constitution of the Republic of South Africa, 1993 (Act 200 of
    1993), mentioned in the proclamation, is repealed with effect from the
    same date.
  \item Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230
    come into effect on 1 January 1998, but this does not preclude the
    enactment in terms of this Constitution of legislation envisaged in
    any of these provisions before that date. Until that date any
    corresponding and incidental provisions of the Constitution of the
    Republic of South Africa, 1993, remain in force.

  \end{enumerate}


\chapter*{Schedules}


\begin{itemize}
\item Schedule 1 National Flag
\item Schedule 2 Oaths and Solemn Affirmations
\item Schedule 3 Election Procedures
\item Schedule 4 Functional Areas of Concurrent National and Provincial Legislative Competence
\item Schedule 5 Functional Areas of Exclusive Provincial Legislative Competence
\item Schedule 6 Transitional Arrangements
\item Schedule 7 Laws Repealed

\end{itemize}

 
 
\section*{Schedule 1: National flag}

\begin{enumerate}
\item The national flag is rectangular; it is one and a half times
  longer than it is wide.
\item It is black, gold, green, white, chilli red and blue.
\item 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
  continue horizontally to the middle of the free edge.
\item 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.
\item The triangle next to the flag post is black.
\item 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.

\end{enumerate}


\section*{Schedule 2: Oaths and solemn affirmations}
 
 [Schedule 2 amended by s. 2 of Act 35 of 1997 and substituted by s. 18 of Act 34 of 2001.] 
 
\subsubsection*{Oath or solemn affirmation of President and Acting President}
 
 
The President or Acting President, before the Chief Justice, or
another judge designated by the Chief Justice, must swear/affirm as
follows:
 
\begin{quote}
In the presence of everyone assembled here, and in full realisation of
the high calling I assume as President/Acting President of the
Republic of South Africa, I, A.B., swear/ solemnly affirm that I will
be faithful to the Republic of South Africa, and will obey, observe,
uphold and maintain the Constitution and all other law of the
Republic; and I solemnly and sincerely promise that I will always-
\begin{itemize}
\item promote all that will advance the Republic, and oppose all that may harm it;
\item protect and promote the rights of all South Africans;
\item discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
\item do justice to all; and
\item devote myself to the well-being of the Republic and all of its people

\end{itemize}
\end{quote}

\noindent
(In the case of an oath: So help me God.) 
 
\subsubsection*{Oath or solemn affirmation of Deputy President}
 
 
 The Deputy President, before the Chief Justice or another judge designated by the Chief Justice, must swear/affirm as follows: 

\begin{quote} 
 In the presence of everyone assembled here, and in full realisation of the high calling I assume as Deputy President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always- 
 \begin{itemize}
\item promote all that will advance the Republic, and oppose all that may harm it;
\item be a true and faithful counsellor;
\item discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
\item do justice to all; and
\item devote myself to the well-being of the Republic and all of its people.

\end{itemize}
\end{quote}
 
\noindent
(In the case of an oath: So help me God.) 
 
\subsubsection*{Oath or solemn affirmation of Ministers and Deputy Ministers}
 
 
 Each Minister and Deputy Minister, before the Chief Justice or another judge designated by the Chief Justice, must swear/affirm as follows: 

\begin{quote} 
  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 Minister/Deputy Minister with honour and dignity;
  to be a true and faithful counsellor; not to divulge directly or
  indirectly any secret matter entrusted to me; and to perform the
  functions of my office conscientiously and to the best of my
  ability.
\end{quote}
 
\noindent
(In the case of an oath: So help me God.) 
 
\subsubsection*{Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures}
 
 
\begin{enumerate}
\item Members of the National Assembly, permanent delegates to the
  National Council of Provinces and members of provincial
  legislatures, before the Chief Justice or a judge designated by the
  Chief Justice, must swear or 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 solemnly
  promise to perform my functions as a member of the National
  Assembly/ permanent delegate to the National Council of
  Provinces/member of the legislature of the province of C.D. to the
  best of my ability.
 
 (In the case of an oath: So help me God.) 

 
\item Persons filling a vacancy in the National Assembly, a permanent
  delegation to the National Council of Provinces or a provincial
  legislature may swear or affirm in terms of subitem (1) before the
  presiding officer of the Assembly, Council or legislature, as the
  case may be.

\end{enumerate}
 
\subsubsection*{Oath or solemn affirmation of Premiers, Acting Premiers and members of provincial Executive Councils}
 
 
 The Premier or Acting Premier of a province, and each member of the Executive Council of a province, before the Chief Justice or a judge designated by the Chief Justice, 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 matter 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.) 
 
 \subsubsection*{Oath or solemn affirmation of Judicial Officers}
 
\begin{enumerate}
\item Each judge or acting judge, before the Chief Justice or another judge designated by the 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 Appeal/High 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.) 

 
\item A person appointed to the office of Chief Justice who is not
  already a judge at the time of that appointment must swear or affirm
  before the Deputy Chief Justice, or failing that judge, the next
  most senior available judge of the Constitutional Court.
 
\item Judicial officers, and acting judicial officers, other than
  judges, must swear/affirm in terms of national legislation.

\end{enumerate}
 
\section*{Schedule 3: Election procedures}
 
 [Schedule 3 amended by s. 19 of Act 34 of 2001.] 
 
\heading{Part A - Election procedures for constitutional office-bearers}
 
\begin{enumerate}
\item Application 
 
  The procedure see out in this Schedule applies
  whenever- \begin{enumerate}
\item the National Assembly meets to elect the President, or the Speaker or Deputy Speaker of the Assembly;
\item the National Council of Provinces meets to elect its Chairperson or a Deputy Chairperson; or ;
\item a provincial legislature meets to elect the Premier of the province or the Speaker or Deputy Speaker of the legislature.

\end{enumerate}

 
\item Nominations 
 
 The person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting. 

 
\item Formal requirements 
\begin{enumerate}
\item A nomination must be made on the form prescribed by the rules mentioned in item 9.
\item The form on which a nomination is made must be signed- 
\begin{enumerate}
\item by two members of the National Assembly, if the President or the Speaker or Deputy Speaker of the Assembly is to be elected;
\item on behalf of two provincial delegations, if the Chairperson or a
  Deputy Chairperson of the National Council of Provinces is to be
  elected; or
\item 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.

\end{enumerate}

\item A person who is nominated must indicate acceptance of the
  nomination by signing either the nomination form or any other form
  of written confirmation.

\end{enumerate}

 
\item Announcement of names of candidates 
 
  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.

 
\item Single candidate 
 
 If only one candidate is nominated, the person presiding must declare that candidate elected. 

 
\item Election procedure 
 
 If more the one candidate is nominated- 
\begin{enumerate}
\item a vote must be taken at the meeting by secret ballot;
\item 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
\item the person presiding must declare elected the candidate who
  receives a majority of the votes.

\end{enumerate}

 
\item Elimination procedure 
\begin{enumerate}
\item If no candidate receives a majority of the votes, the candidate
  who receives the lowest number of votes must be eliminated and a
  further vote taken on the remaining candidates in accordance with
  item 6. This procedure must be repeated until a candidate receives a
  majority of the votes.
\item When applying subitem (1), if two or more candidates each have
  the lowest number of votes, a separate vote must be taken on those
  candidates, and repeated as often as may be necessary to determine
  which candidate is to be eliminated.

\end{enumerate}

 
\item Further meetings 
\begin{enumerate}
\item If only two candidates 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.
\item 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.

\end{enumerate}

 
\item Rules 
\begin{enumerate}
\item The Chief Justice must make rules prescribing- 
\begin{enumerate}
\item the procedure for meetings to which this Schedule applies;
\item the duties of any person presiding at a meeting, and of any
  person assisting the person presiding;
\item the form on which nominations must be submitted; and
\item the manner in which voting is to be conducted.

\end{enumerate}

\item These rules must be made known in the way that the Chief Justice
  determines.

\end{enumerate}

 
 [Item 9 substituted by s. 19 of Act 34 of 2001.]  

\end{enumerate}
 
\heading{Part B - Formula to determine party participation in provincial delegations to the National Council of Provinces}
 
\begin{enumerate}
\item 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.
\item 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.
\item If the competing surpluses envisaged in item 2 are equal, the
  undistributed delegates in the delegation must be allocated to the
  party or parties, including any merged party as contemplated in
  section 61 (2) (b), with the same surplus in sequence of votes
  recorded, starting with the party or merged party which recorded the
  highest number of votes, including combined votes in the case of a
  merged party, during the last election for the provincial
  legislature concerned, but if any of the parties with the same
  surplus-
  \begin{enumerate}
  \item came into existence on account of changes of party membership
    or subdivision of parties within that legislature as contemplated
    in section 61 (2) (b); and
  \item did not participate in the last election for the provincial
    legislature concerned,

\end{enumerate}
 
the legislature must allocate the undistributed delegates in the
delegation to the party or parties with the same surplus in a manner
which is consistent with democracy.  [Item 3 added by s. 2 of Act 3 of
1999 and substituted by s. 3 of Act 21 of 2002.]


\end{enumerate}

\section*{Schedule 4: Functional areas of concurrent national and provincial legislative competence}
 
\subsection*{Part a}
 
\begin{itemize}
\item Administration of indigenous forests
\item Agriculture
\item Airports other than international and national airports
\item Animal control and diseases
\item Casinos, racing, gambling and wagering, excluding lotteries and sports pools
\item Consumer protection
\item Cultural matters
\item Disaster management
\item Education at all levels, excluding tertiary education
\item Environment
\item Health services
\item Housing
\item Indigenous law and customary law, subject to Chapter 12 of the
  Constitution
\item Industrial promotion
\item 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
\item Pollution control
\item Population development
\item Property transfer fees
\item Provincial public enterprises in respect of the functional areas
  in this Schedule and Schedule 5
\item Public transport
\item 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
\item Regional planning and development
\item Road traffic regulation
\item Soil conservation
\item Tourism
\item Trade
\item Traditional leadership, subject to Chapter 12 of the Constitution
\item Urban and rural development
\item Vehicle licensing
\item Welfare services

\end{itemize}

\subsection*{Part b}
 
The following local government matters to the extent set out in section 155 (6) (a) and (7): \begin{itemize}
\item Air pollution
\item Building regulations
\item Child care facilities
\item Electricity and gas reticulation
\item Firefighting services
\item Local tourism
\item Municipal airports
\item Municipal planning
\item Municipal health services
\item Municipal public transport
\item 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
\item Pontoons, ferries, jetties, piers and harbours, excluding the
  regulation of international and national shipping and matters
  related thereto
\item Stormwater management systems in built-up areas
\item Trading regulations
\item Water and sanitation services limited to potable water supply
  systems and domestic waste-water and sewage disposal systems

\end{itemize}


\section*{Schedule 5: Functional areas of exclusive provincial legislative competence}
 
\subsection*{Part a}
 
\begin{itemize}
\item Abattoirs
\item Ambulance services
\item Archives other than national archives
\item Libraries other than national libraries
\item Liquor licences
\item Museums other than national museums
\item Provincial planning
\item Provincial cultural matters
\item Provincial recreation and amenities
\item Provincial sport
\item Provincial roads and traffic
\item Veterinary services, excluding regulation of the profession
\end{itemize}

\subsection*{Part b}
 
The following local government matters to the extent set out for
provinces in section 155 (6) (a) and (7): 
\begin{itemize}
\item Beaches and amusement facilities
\item Billboards and the display of advertisements in public places
\item Cemeteries, funeral parlours and crematoria
\item Cleansing
\item Control of public nuisances
\item Control of undertakings that sell liquor to the public
\item Facilities for the accommodation, care and burial of animals
\item Fencing and fences
\item Licensing of dogs
\item Licensing and control of undertakings that sell food to the public
\item Local amenities
\item Local sport facilities
\item Markets
\item Municipal abattoirs
\item Municipal parks and recreation
\item Municipal roads
\item Noise pollution
\item Pounds
\item Public places
\item Refuse removal, refuse dumps and solid waste disposal
\item Street trading
\item Street lighting
\item Traffic and parking

\end{itemize}


{\small
\section*{Schedule 6: Transitional arrangements}
 
 [Schedule 6 amended by s. 20 of Act 34 of 2001.] 
\begin{enumerate}

\item \emph{Definitions}
 
 
 In this Schedule, unless inconsistent with the context- 
\begin{itemize}
\item \emph{'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;
\item \emph{'new Constitution'}
 means the Constitution of the Republic of South Africa, 1996;
\item \emph{'old order legislation'}
 means legislation enacted before the previous Constitution took effect;
\item \emph{'previous Constitution'} means the Constitution of the
  Republic of South Africa, 1993 (Act 200 of 1993).
\end{itemize}

 
\item \emph{Continuation of existing law}
 
\begin{enumerate}
\item All law that was in force when the new Constitution took effect, continues in force, subject to- 
\begin{enumerate}
\item any amendment or repeal; and
\item consistency with the new Constitution.
\end{enumerate}

 
\item Old order legislation that continues in force in terms of subitem (1)- 
\begin{enumerate}
\item does not have a wider application, territorially or otherwise,
  than it had before the previous Constitution took effect unless
  subsequently amended to have a wider application; and
\item continues to be administered by the authorities that
  administered it when the new Constitution took effect, subject to
  the new Constitution.

\end{enumerate}


\end{enumerate}

 
\item \emph{Interpretation of existing legislation}
 
\begin{enumerate}
\item Unless inconsistent with the context or clearly inappropriate, a
  reference in any legislation that existed when the new Constitution
  took effect-
\begin{enumerate}
\item to the Republic of South Africa or a homeland (except when it
  refers to a territorial area), must be construed as a reference to
  the Republic of South Africa under the new Constitution;
\item to Parliament, the National Assembly or the Senate, must be
  construed as a reference to Parliament, the National Assembly or the
  National Council of Provinces under the new Constitution;
\item to the President, an Executive Deputy President, a Minister, a
  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;
\item to the President of the Senate, must be construed as a reference
  to the Chairperson of the National Council of Provinces;
\item 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
\item to an official language or languages, must be construed as a
  reference to any of the official languages under the new
  Constitution.

\end{enumerate}

 
\item Unless inconsistent with the context or clearly inappropriate, a
  reference in any remaining old order legislation-
\begin{enumerate}
\item 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-
\begin{enumerate}
\item Parliament 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
\item 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

\end{enumerate}

 
\item to a State President, Chief Minister, Administrator or other
  chief executive, Cabinet, Ministers' Council or executive council of
  the Republic or of a homeland, must be construed as a reference to-
\begin{enumerate}
\item 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
\item 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.

\end{enumerate}


\end{enumerate}


\end{enumerate}

 
\item \emph{National Assembly}
 
\begin{enumerate}
\item Anyone who was a member or office-bearer of the National
  Assembly when the new Constitution took effect, becomes a member or
  office-bearer of the National Assembly under the new Constitution,
  and holds office as a member or office-bearer in terms of the new
  Constitution.
\item 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.
\item The National Assembly consists of 400 members for the duration
  of its term that expires on 30 April 1999, subject to section 49 (4)
  of the new Constitution.
\item 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.

\end{enumerate}

 
\item \emph{Unfinished business before Parliament}
 
\begin{enumerate}
\item Any unfinished business before the National Assembly when the
  new Constitution takes effect must be proceeded with in terms of the
  new Constitution.
\item 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.

\end{enumerate}

 
\item \emph{Elections of National Assembly}
 
\begin{enumerate}
\item 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.
\item Section 50 (1) of the new Constitution is suspended until 30
  April 1999.
\item Despite the repeal of the previous Constitution, Schedule 2 to that Constitution, as amended by Annexure A to this Schedule, applies- 
\begin{enumerate}
\item to the first election of the National Assembly under the new
  Constitution;
\item to the loss of membership of the Assembly in circumstances other
  than those provided for in section 47 (3) of the new Constitution;
  and
\item 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 new
  Constitution.

\end{enumerate}

\item Section 47 (4) of the new Constitution is suspended until the
  second election of the National Assembly under the new Constitution.

\end{enumerate}

 
\item \emph{National Council of Provinces}
 
\begin{enumerate}
\item For the period which ends immediately before the first sitting of a provincial legislature held after its first election under the new Constitution-\\
\begin{enumerate}
\item the proportion of party representation in the province's
  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
\item the allocation of permanent delegates and special delegates to
  the parties represented in the provincial legislature, is as
  follows:

\end{enumerate}


\end{enumerate}


\begin{tabular}{ccc}
\textbf{Province}
 &\textbf{Permanent delegates}
 &\textbf{Special delegates}
 \\
 & & \\
1. Eastern Cape &

\begin{tabular}{lll}
ANC & &5 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &4 \\
 & &

\end{tabular}

 \\
2. Free State &

\begin{tabular}{lll}
ANC & &4 \\
FF & &1 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &4 \\
 & & \\
 & &

\end{tabular}

 \\
3. Gauteng &

\begin{tabular}{lll}
ANC & &3 \\
DP & &1 \\
FF & &1 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &3 \\
 & & \\
 & & \\
NP & &1

\end{tabular}

 \\
4. KwaZulu-Natal &

\begin{tabular}{lll}
ANC & &1 \\
DP & &1 \\
IFP & &3 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &2 \\
 & & \\
IFP & &2 \\
 & &

\end{tabular}

 \\
5. Mpumalanga &

\begin{tabular}{lll}
ANC & &4 \\
FF & &1 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &4 \\
 & & \\
 & &

\end{tabular}

 \\
6. Northern Cape &

\begin{tabular}{lll}
ANC & &3 \\
FF & &1 \\
NP & &2

\end{tabular}

 &

\begin{tabular}{lll}
ANC & &2 \\
 & & \\
NP & &2

\end{tabular}

 \\
7. Northern Province &

\begin{tabular}{ccc}
ANC & &6

\end{tabular}

 &

\begin{tabular}{ccc}
ANC & &4

\end{tabular}

 \\
8. North West &

\begin{tabular}{ccc}
ANC & &4 \\
FF & &1 \\
NP & &1

\end{tabular}

 &

\begin{tabular}{ccc}
ANC & &4 \\
 & & \\
 & &

\end{tabular}

 \\
9. Western Cape &

\begin{tabular}{ccc}
ANC & &2 \\
DP & &1 \\
NP & &3

\end{tabular}

 &

\begin{tabular}{ccc}
ANC & &1 \\
 & & \\
NP & &3

\end{tabular}
\end{tabular}


\begin{enumerate}
\item A party represented in a provincial legislature-
\begin{enumerate}
\item 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
\item may nominate other persons as permanent delegates only if none
or an insufficient number of its former senators are available.

\end{enumerate}

 
\item A provincial legislature must appoint its permanent delegates in
accordance with the nominations of the parties.
\item Subitems (2) and (3) apply only to the first appointment of
permanent delegates to the National Council of Provinces.
\item Section 62 (1) of the new Constitution does not apply to the
nomination and appointment of former senators as permanent delegates
in terms of this item.
\item 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.

\end{enumerate}
 
\item \emph{Former senators}
 
\begin{enumerate}
\item 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 province from which that person was
nominated as a senator in terms of section 48 of the previous
Constitution.
\item 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.
\item 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.

\end{enumerate}

 
\item \emph{National executive}
 
\begin{enumerate}
\item 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).
\item Until 30 April 1999, 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.
\item 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.

\end{enumerate}

 
\item \emph{Provincial legislatures}
 
\begin{enumerate}
\item 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.
\item 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 April 1999.
\item 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 the previous
Constitution plus the number of former senators who became members of
the legislature in terms of item 8 of this Schedule.
\item The rules and orders of a provincial legislature in force when
the new Constitution took effect, continue in force, subject to any
amendment or repeal.

\end{enumerate}

 
\item \emph{Elections of provincial legislatures}
 
\begin{enumerate}
\item Despite the repeal of the previous Constitution, Schedule 2 to
that Constitution, as amended by Annexure A to this Schedule, applies-
\begin{enumerate}
\item to the first election of a provincial legislature under the new
Constitution;
\item to the loss of membership of a legislature in circumstances
other than those provided for in section 106 (3) of the new
Constitution; and
\item to the filling of vacancies in a legislature, and the
supplementation, review and use of party lists far the filling of
vacancies, until the second election of the legislature under the new
Constitution.

\end{enumerate}

\item 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.


\end{enumerate}

 
\item \emph{Provincial executives}
 
\begin{enumerate}
\item 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).
\item 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.

\end{enumerate}

 
\item \emph{Provincial constitutions} -A provincial constitution
passed before the new Constitution took effect must comply with
section 143 of the new Constitution.

 
\item \emph{Assignment of legislation to provinces}
 
\begin{enumerate}
\item Legislation with regard to a matter within a functional area
listed in Schedule 4 or 5 to the new Constitution and which, when the
new Constitution took effect, was administered by an authority within
the national executive, may be assigned by the President, by
proclamation, to an authority within a provincial executive designated
by the Executive Council of the province.
\item To the extent that it is necessary for an assignment of
legislation under subitem (1) to be effectively carried out, the
President, by proclamation, may-
\begin{enumerate}
\item amend or adapt the legislation to regulate its interpretation or
application;
\item where the assignment does not apply to the whole of any piece of
legislation, repeal and re-enact, with or without any amendments or
adaptations referred to in paragraph (a), those provisions to which
the assignment applies or to the extent that the assignment applies to
them; or
\item regulate any other matter necessary as a result of the
assignment, including the transfer or secondment of staff, or the
transfer of assets, liabilities, rights and obligations, to or from
the national or a provincial executive or any department of state,
administration, security service or other institution.

\end{enumerate}

\item \begin{enumerate}
\item A copy of each proclamation issued in terms of subitem (1) or
(2) must be submitted to the National Assembly and the National
Council of Provinces within 10 days of the publication of the
proclamation.
\item If both the National Assembly and the National Council by
resolution disapprove the proclamation or any provision of it, the
proclamation or provision lapses, but without affecting-
\begin{enumerate}
\item the validity of anything done in terms of the proclamation or
provision before it lapsed; or
\item a right or privilege acquired or an obligation or liability
incurred before it lapsed.

\end{enumerate}


\end{enumerate}

\item When legislation is assigned under subitem (1), any reference in
  the legislation to an authority administering it, must be construed
  as a reference to the authority to which it has been assigned.
\item Any assignment of legislation under section 235 (8) of the
  previous Constitution, including any amendment, adaptation or repeal
  and re-enactment of any legislation and any other action taken under
  that section, is regarded as having been done under this item.

\end{enumerate}

 
\item \emph{Existing legislation outside Parliament's legislative power}
 
\begin{enumerate}
\item An authority within the national executive that administers any
  legislation falling outside Parliament's legislative power when the
  new Constitution takes effect, remains competent to administer that
  legislation until it is assigned to an authority within a provincial
  executive in terms of item 14 of this Schedule.
\item Subitem (1) lapses two years after the new Constitution took effect.

\end{enumerate}

 
\item \emph{Courts}
 
\begin{enumerate}
\item Every court, including courts of traditional leaders, existing when the new Constitution took effect, continues to function and to exercise jurisdiction in terms of the legislation applicable to it, and anyone holding office as a judicial officer continues to hold office in terms of the legislation applicable to that office, subject to- 
\begin{enumerate}
\item any amendment or repeal of that legislation; and
\item consistency with the new Constitution.

\end{enumerate}

\item \begin{enumerate}
  \item The Constitutional Court established by the previous
    Constitution becomes the Constitutional Court under the new
    Constitution.
\item ......
 [Subitem (b) deleted by s. 20 (a) of Act 34 of 2001.] 
\end{enumerate}

\item \begin{enumerate}
\item The Appellate Division of the Supreme Court of South Africa becomes the Supreme Court of Appeal under the new Constitution.
\item ......
 [Subitem (b) deleted by s. 20 (a) of Act 34 of 2001.] 
\end{enumerate}

\item \begin{enumerate}
  \item A provincial or local division of the Supreme Court of South
    Africa or a supreme court of a homeland or a general division of
    such a court, becomes a High Court under the new Constitution
    without any alteration in its area of jurisdiction, subject to any
    rationalisation contemplated in subitem (6).
  \item Anyone holding office or deemed to hold office as the Judge
    President, the Deputy Judge President or a judge of a court
    referred to in paragraph (a) when the new Constitution takes
    effect, becomes the Judge President, the Deputy Judge President or
    a judge of such a court under the new Constitution, subject to any
    rationalisation contemplated in subitem (6).

\end{enumerate}

\item Unless inconsistent with the context or clearly inappropriate, a reference in any legislation or process to- 
\begin{enumerate}
\item the Constitutional Court under the previous Constitution, must
  be construed as a reference to the Constitutional Court under the
  new Constitution;
\item the Appellate Division of the Supreme Court of South Africa, must be construed as a reference to the Supreme Court of Appeal; and
\item a provincial or local division of the Supreme Court of South
  Africa or a supreme court of a homeland or general division of that
  court, must be construed as a reference to a High Court.

\end{enumerate}

\item \begin{enumerate}
  \item 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.
\item 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).

\end{enumerate}

\item \begin{enumerate}
\item Anyone holding office, when the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, as- 
\begin{enumerate}
\item the President of the Constitutional Court, becomes the Chief
  Justice as contemplated in section 167 (1) of the new Constitution;
\item the Deputy President of the Constitutional Court, becomes the
  Deputy Chief Justice as contemplated in section 167 (1) of the new
  Constitution;
\item the Chief Justice, becomes the President of the Supreme Court of
  Appeal as contemplated in section 168 (1) of the new Constitution;
  and
\item the Deputy Chief Justice, becomes the Deputy President of the
  Supreme Court of Appeal as contemplated in section 168 (1) of the
  new Constitution.

\end{enumerate}

\item All rules, regulations or directions made by the President of the Constitutional Court or the Chief Justice in force immediately before the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, continue in force until repealed or amended.
\item Unless inconsistent with the context or clearly inappropriate, a reference in any law or process to the Chief Justice or to the President of the Constitutional Court, must be construed as a reference to the Chief Justice as contemplated in section 167 (1) of the new Constitution.
 [Subitem (7) added by s. 20 (b) of Act 34 of 2001.] 
\end{enumerate}


\end{enumerate}

 
\item \emph{Cases pending before courts} -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.

 
\item \emph{Prosecuting authority}
 
\begin{enumerate}
\item 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.
\item 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).

\end{enumerate}

 
\item \emph{Oaths and affirmations} -A person who continues in office
  in terms of this Schedule and who has taken the oath of office or
  has made a solemn affirmation under the previous Constitution, is
  not obliged to repeat the oath of office or solemn affirmation under
  the new Constitution.

 
\item \emph{Other constitutional institutions}
 
\begin{enumerate}
\item In this section `constitutional institution' means- 
\begin{enumerate}
\item the Public Protector;
\item the South African Human Rights Commission;
 [Para (b) amended by s. 4 of Act 65 of 1998.] \item the Commission on Gender Equality;
\item the Auditor-General;
\item the South African Reserve Bank;
\item the Financial and Fiscal Commission;
\item the Judicial Service Commission; or
\item the Pan South African Language Board.

\end{enumerate}

\item 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 Protector or the
  Auditor-General when the new Constitution takes effect, continues to
  hold office in terms of the legislation applicable to that office,
  subject to-
\begin{enumerate}
\item any amendment or repeal of that legislation; and
\item consistency with the new Constitution.

\end{enumerate}

\item Sections 199 (1), 200 (1), (3) and (5) to (11) and 201 to 206 of
  the previous Constitution continue in force until repealed by an Act
  of Parliament passed in terms of section 75 of the new Constitution.
\item 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.
\item \begin{enumerate}
  \item 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 Constitution takes effect, continues to hold
    office in terms of the legislation applicable to that office,
    subject to-
\begin{enumerate}
\item any amendment or repeal of that legislation; and
\item consistency with the new Constitution.

\end{enumerate}

\item Sections 184A and 184B (1) (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.

\end{enumerate}


\end{enumerate}

 
\item \emph{Enactment of legislation required by new Constitution}
 
\begin{enumerate}
\item Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new Constitution took effect.
\item Section 198 (b) of the new Constitution may not be enforced
  until the legislation envisaged in that section has been enacted.
\item 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.
\item 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 legislation during this period does not prevent the implementation of the policy referred to in section 217 (2).
\item Until the Act of Parliament referred to in section 65 (2) of the new Constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces.
\item Until the legislation envisaged in section 229 (1) (b) of the new Constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the Constitution took effect.

\end{enumerate}

 
\item \emph{National unity and reconciliation}
 
\begin{enumerate}
\item Notwithstanding the other provisions of the new Constitution and despite the repeal of the previous Constitution, all the provisions relating to amnesty contained in the previous Constitution under the heading `National Unity and Reconciliation' are deemed to be part of the new Constitution for the purposes of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including for the purposes of its validity.
\item For the purposes of subitem (1), the date `6 December 1993' where it appears in the provisions of the previous Constitution under the heading `National Unity and Reconciliation', must be read as `11 May 1994'.
 [Subitem (2) added by s. 3 of Act 35 of 1997.] 
\end{enumerate}

 
\item \emph{Bill of Rights}
 
\begin{enumerate}
\item National legislation envisaged in sections 9 (4), 32 (2) and 33
  (3) of the new Constitution must be enacted within three years of
  the date on which the new Constitution took effect.
\item Until the legislation envisaged in sections 32 (2) and 33 (3) of the new Constitution is enacted- 
\begin{enumerate}
\item section 32 (1) must be regarded to read as follows 
 
 ``Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights.'' and 

\item section 33 (1) and (2) must be regarded to read as follows: 
 
 ``Every person has the right to- 
\begin{enumerate}
\item lawful administrative action where any of their rights or interests is affected or threatened;
\item procedurally fair administrative action where any of their rights or legitimate expectations is affected or threatened;
\item be furnished with reasons in writing for administrative action which affects any of their rights or interests unless the reasons for that action have been made public; and
\item administrative action which is justifiable in relation to the reasons given for it where any of their rights is affected or threatened.''.

\end{enumerate}


\end{enumerate}

\item Sections 32 (2) and 33 (3) of the new Constitution lapse if the legislation envisaged in hose sections, respectively, is not enacted within three years of the date the new Constitution took effect.

\end{enumerate}

 
\item \emph{Public administration and security services}
  
  \begin{enumerate}
  \item Sections 82 (4) (b), 215, 218 (1), 219 (1), 224 to 228, 236
    (1), (2), (3), (6), (7) (b) and (8), 237 (1) and (2) (a) and 239
    (4) and (5) of the previous Constitution continue in force as if
    the previous Constitution had not been repealed, subject to-
    \begin{enumerate}
    \item the amendments to those sections as set out in Annexure D;
    \item any further amendment or any repeal of those sections by an
      Act of Parliament passed in terms of section 75 of the new
      Constitution; and
    \item consistency with the new Constitution.
    \end{enumerate}

  \item The Public Service Commission and the provincial service
    commissions referred to in Chapter 13 of the previous Constitution
    continue to function in terms of that Chapter and the legislation
    applicable to it as if that Chapter had not been repealed, until the
    Commission and the provincial service commissions are abolished by
    an Act of Parliament passed in terms of section 75 of the new
    Constitution.
  \item The repeal of the previous Constitution does not affect any
    proclamation issued under section 237 (3) of the previous
    Constitution, and any such proclamation continues in force, subject
    to-
    \begin{enumerate}
    \item any amendment or repeal; and
    \item consistency with the new Constitution
    \end{enumerate}
   \end{enumerate}

   
 \item \emph{Additional disqualification for legislatures}
   
   \begin{enumerate}
   \item Anyone who, when the new Constitution took effect, was serving a
     sentence in the Republic of more than 12 months' imprisonment without
     the option of a fine, is not eligible to be a member of the National
     Assembly or a provincial legislature.
   \item The disqualification of a person in terms of subitem (1)-

   \item lapses if the conviction is set aside on appeal, or the sentence
     is reduced on appeal to a sentence that does not disqualify that
     person; and
   \item ends five years after the sentence has been completed.

   \end{enumerate}


\item \emph{Local government}
  
  \begin{enumerate}
  \item Notwithstanding the provisions of sections 151, 155, 156 and 157
    of the new Constitution-
    \begin{enumerate}
    \item the provisions of the Local Government Transition Act, 1993 (Act
      209 of 1993), as may be amended from time to time by national
      legislation consistent with the new Constitution, remain in force in
      respect of a Municipal Council until a Municipal Council replacing
      that Council has been declared elected as a result of the first
      general election of Municipal Councils after the commencement of the
      new Constitution; and
      
      [Sub-item (a) substituted by s. 5 (a) of Act 65 of 1998.]
    \item a traditional leader of a community observing a system of
      indigenous law and residing on land within the area of a transitional
      local council, transitional rural council or transitional
      representative council, referred to in the Local Government Transition
      Act, 1993, and who has been identified as set out in section 182 of
      the previous Constitution, is ex officio entitled to be a member of
      that council until a Municipal Council replacing that council has been
      declared elected as a result of the first general election of
      Municipal Councils after the commencement of the new Constitution.
      
      [Sub-item (b) substituted by s. 5 (a) of Act 65 of 1998.]
    \end{enumerate}

  \item Section 245 (4) of the previous Constitution continues in force
    until the application of that section lapses. Section 16 (5) and (6)
    of the Local Government Transition Act, 1993, may not be repealed
    before 30 April 2000.
    
    [Item (2) amended by s. 5 (b) of Act 65 of 1998.]
  \end{enumerate}

  
\item \emph{Safekeeping of Acts of Parliament and provincial Acts}
  -Sections 82 and 124 of the new Constitution do not affect the
  safekeeping of Acts of Parliament or provincial Acts passed before the
  new Constitution took effect.

  
\item \emph{Registration of immovable property owned by the state}
  
  \begin{enumerate}
  \item On the production of a certificate by a competent authority that
    immovable property owned by the state is vested in a particular
    government in terms of section 239 of the previous Constitution, a
    registrar of deeds must make such entries or endorsements in or on any
    relevant register, title deed or other document to register that
    immovable property in the name of that government.
  \item No duty, fee or other charge is payable in respect of a
    registration in terms of subitem (1).

  \end{enumerate}

  \textbf{Schedule 7}
  
  
  \textbf{Laws repealed}

  Number and year of Law, Title
  
  \begin{itemize}
  \item Act 200 of 1993 Constitution of the Republic of South Africa,
    1993
  \item Act 2 of 1994 Constitution of the Republic of South Africa
    Amendment Act, 1994
  \item Act 3 of 1994 Constitution of the Republic of South Africa
    Second Amendment Act, 1994
  \item Act 13 of 1994 Constitution of the Republic of South Africa
    Third Amendment Act, 1994
  \item Act 14 of 1994 Constitution of the republic of South Africa
    Fourth Amendment Act, 1994
  \item Act 24 of 1994 Constitution of the Republic of South Africa
    Sixth Amendment Act, 1994
  \item Act 29 of 1994 Constitution of the Republic of South Africa
    Fifth Amendment Act, 1994
  \item Act 20 of 1995 Constitution of the Republic of South Africa
    Amendment Act, 1995
  \item Act 44 of 1995 Constitution of the Republic of South Africa
    Second Amendment Act, 1995
  \item Act 7 of 1996 Constitution of the Republic of South Africa
    Amendment Act, 1996
  \item Act 26 of 1996 Constitution of the Republic of South Africa
    Third Amendment Act, 1996

  \end{itemize}


  \subsection*{Annexure a}
  
  
  \subsubsection*{Amendments to schedule 2 to the previous Constitution}
  
  \begin{enumerate}
  \item The replacement of item 1 with the following item:
    
    \begin{quote} 1. Parties registered in terms of national legislation
      and contesting an election of the National Assembly, shall nominate
      candidates for such election on lists of candidates prepared in
      accordance with this Schedule and national legislation.
    \end{quote}

    
  \item The replacement of item 2 with the following item:
    
    {\em2. The seats in the National Assembly as determined in
      terms of section 46 of the new Constitution, shall be filled as
      follows:
      \begin{enumerate}
      \item One half of the seats from regional lists submitted by the
        respective parties, with a fixed number of seats reserved for each
        region as determined by the Commission for the next election of the
        Assembly, taking into account available scientifically based data in
        respect of voters, and representations by interested parties.
      \item The other half of the seats from national lists submitted by
        the respective parties, or from regional lists where national lists
        were not submitted.
      \end{enumerate}
    }
    

  \item The replacement of item 3 with the following item:
    
    {\em 3. The lists of candidates submitted by a party, shall
      in total contain the names of not more than a number of candidates
      equal to the number of seats in the National Assembly, and each such
      list shall denote such names in such fixed order of preference as the
      party may determine.
    }

    
  \item The amendment of item 5 by replacing the words preceding
    paragraph (a) with the following words:
    
    {\em 5. The seats referred to in item 2 (a) shall be
      allocated per region to the parties contesting an election, as
      follows:
    }

    
    
  \item The amendment of item 6 -
    \begin{enumerate}
    \item by replacing the words preceding paragraph (a) with the
      following words:
      
      \emph{ a. The seats referred to in item 2 (b) shall be allocated to
        the parties contesting an election, as follows:}

    \end{enumerate}

    and
    
  \item by replacing paragraph (a) with the following paragraph:
    
    {\em a. A quota of votes per seat shall be determined by
      dividing the total number of votes cast nationally by the number of
      seats in the National Assembly, plus one, and the result plus one,
      disregarding fractions, shall be the quota of votes per seat.
    }

    

  \end{enumerate}
  
\item The amendment of item 7 (3) by replacing paragraph (b) with the
  following paragraph:
  
  {\em b. An amended quota of votes per seat shall be
    determined by dividing the total number of votes cast nationally,
    minus the number of votes cast nationally in favour of the party
    referred to in paragraph (a), by the number of seats in the Assembly,
    plus one, minus the number of seats finally allocated to the said
    party in terms of paragraph (a).

  }

  
  
\item The replacement of item 10 with the following item:
  
  {\em 10. The number of seats in each provincial legislature
    shall be as determined in terms of section 105 of the new
    Constitution.
  }
  

  
\item The replacement of item 11 with the following item:
  
  {\em 11. Parties registered in terms of national legislation
    and contesting an election of a provincial legislature, shall nominate
    candidates for election to such provincial legislature on provincial
    lists prepared in accordance with this Schedule and national
    legislation.
  }
  

  
\item The replacement of item 16 with the following item:
  
  {\em 16. Designation of representatives \begin{enumerate}
    \item After the counting of votes has been concluded, the number of
      representatives of each party has been determined and the election
      result has been declared in terms of section 190 of the new
      Constitution, the Commission shall, within two days after such
      declaration, designate from each list of candidates, published in
      terms of national legislation, the representatives of each party in
      the legislature.
    \item 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 provincial
      legislature (if an election of the Assembly and a provincial
      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.
    \item The Commission shall forthwith publish the list of names of
      representatives in the legislature or legislatures.
    \end{enumerate}
  }
  

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

  
\item The replacement of item 19 with the following item: 
 
{\em 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
  fill casual vacancies: Provided that any such supplementation shall
  be made at the end of the list. 
}
 


\item The replacement of item 23 with the following item: 
  
  {\em 
    23. Vacancies 
    \begin{enumerate}
    \item 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-
      \begin{enumerate}
      \item whose name appears on the list of candidates from which
        the vacating member was originally nominated; and
      \item who is the next qualified and available person on the list.

      \end{enumerate}

    \item A nomination to fill a vacancy shall be submitted to the
      Speaker in writing.
    \item 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.

    \end{enumerate}
  }

  

\item The insertion of the following item after item 23:
  
  {\em
       23 A. Additional ground for loss of membership of
      legislatures
      \begin{enumerate}
      \item 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.
      \item Despite subitem (1) any existing political party may at
        any time change its name.
\item 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.
      \item An Act of Parliament referred to in subitem (3) may also
provide for- \begin{enumerate}
        \item any existing party to merge with another party; or
        \item any party to subdivide into more than one party.

        \end{enumerate}
      \end{enumerate}
    }

 

\item The deletion of item 24. 

 
\item The amendment of item 25 - 
\begin{enumerate}
\item by replacing the definition of `Commission' with the following
  definition: \emph{ Commission' means the Electoral Commission
    referred to in section 190 of the new Constitution; }

  and
 
\item by inserting the following definition after the definition of
  `national list': \emph{ new Constitution' means the Constitution of
    the Republic of South Africa, 1996; }

\end{enumerate}

 
\item The deletion of item 26.
\end{enumerate}

\subsubsection*{Annexure b}
 
 
\textbf{Government of national unity:}
 

\textbf{National sphere}
 
\begin{enumerate}
\item Section 84 of the new Constitution is deemed to contain the
  following additional subsection:
 
  {\em 3. The President must consult the Executive Deputy
    Presidents- \begin{itemize}
    \item[1] in the development and execution of the policies of the
      national government;
    \item[2] in all matters relating to the management of the Cabinet and
      the performance of Cabinet business;
    \item[3] in the assignment of functions to the Executive Deputy
      Presidents;
    \item[4] before making any appointment under the Constitution or any
      legislation, including the appointment of ambassadors or other
      diplomatic representatives;
    \item[5] before appointing commissions of inquiry;
    \item[6] before calling a referendum; and
    \item[7] before pardoning or reprieving offenders.

\end{itemize}
 }

 
\item Section 89 of the new Constitution is deemed to contain the following additional subsection: 
 
{\em
  3. Subsections (1) and (2) apply also to an Executive Deputy
  President. 
}
 

 
\item Paragraph (a) of section 90 (1) of the new Constitution is deemed to read as follows. 
 
{\em a. an Executive Deputy President designated by the
  President; 
}

 

 
\item Section 91 of the new Constitution is deemed to read as follows: 
 
 {\em 91. Cabinet \begin{itemize}
\item[1] The Cabinet consists of the President, the Executive Deputy
Presidents and- 
\begin{itemize}
\item[a] not more than 27 Ministers who are members of the National
Assembly and appointed in terms of subsections (8) to (12); and
\item[b] not more than one Minister who is not a member of the National
Assembly and appointed in terms of subsection (13), provided the
President, acting in consultation with the Executive Deputy Presidents
and the leaders of the participating parties, deems the appointment of
such a Minister expedient.
\end{itemize}

\item[2] Each party holding at least 80 seats in the National Assembly is
entitled to designate an Executive Deputy President from among the
members of the Assembly.
\item[3] If no party or only one party holds 80 or more seats in the
Assembly, the party holding the largest number of seats and the party
holding the second largest number of seats are each entitled to
designate one Executive Deputy President from among the members of the
Assembly.
\item[4] On being designated, an Executive Deputy President may elect to
remain or cease to be a member of the Assembly.
\item[5] An Executive Deputy President may exercise the powers and must
perform the functions vested in the office of Executive Deputy
President by the Constitution or assigned to that office by the
President.
\item[6] An Executive Deputy President holds office- 
\begin{itemize}
\item[a] until 30 April 1999 unless replaced or recalled by the party
entitled to make the designation in terms of subsections (2) and (3);
or
\item[b] until the person elected President after any election of the
National Assembly held before 30 April 1999, assumes office.

\end{itemize}

\item[7] A vacancy in the office of an Executive Deputy President may be
filled by the party which designated that Deputy President.
\item[8] A party holding at least 20 seats in the National Assembly and
which has decided to participate in the government of national unity,
is entitled to be allocated one or more of the Cabinet portfolios in
respect of which Ministers referred to in subsection (1) (a) are to be
appointed, in proportion to the number of seats held by it in the
National Assembly relative to the number of seats held by the other
participating parties.
\item[9] Cabinet portfolios must be allocated to the respective
participating parties in accordance with the following
formula: 
\begin{itemize}
\item[a] A quota of seats per portfolio must be determined by dividing
the total number of seats in the National Assembly held jointly by the
participating parties by the number of portfolios in respect of which
Ministers referred to in subsection (1) (a) are to be appointed, plus
one.
\item[b] The result, disregarding third and subsequent decimals, if any,
is the quota of seats per portfolio.
\item The number of portfolios to be allocated to a participating
party is determined by dividing the total number of seats held by that
party in the National Assembly by the quota referred to in paragraph
(b).
\item[c] The result, subject to paragraph (e), indicates the number of
portfolios to be allocated to that party.
\item[d] Where the application of the above formula yields a surplus not
absorbed by the number of portfolios allocated to a party, the surplus
competes with other similar surpluses accruing to another party or
parties, and any portfolio or portfolios which remain unallocated must
be allocated to the party or parties concerned in sequence of the
highest surplus.
\end{itemize}

\item[10] The President after consultation with the Executive Deputy
Presidents and the leaders of the participating parties
must- \begin{itemize}
\item[a] determine the specific portfolios to be allocated to the
respective participating parties in accordance with the number of
portfolios allocated to them in terms of subsection (9);
\item[b] appoint in respect of each such portfolio a member of the
National Assembly who is a member of the party to which that portfolio
was allocated under paragraph (a), as the Minister responsible for
that portfolio;
\item[c] 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 subsection (9);
\item[d] terminate any appointment under paragraph (b)- \\
(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

\item fill, when necessary, subject to paragraph (b), a vacancy in the
office of Minister.

\end{itemize}

\item[11] Subsection (10) 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- 
\begin{itemize}
\item[a] the exercise of a power referred to in paragraph (a), (c) or (d)
(ii) of that subsection, the President's decision prevails;
\item 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
President's party, the decision of the leader of the party of which
that person is a member prevails; and
\item[b] the exercise of a power referred to in paragraph (b) or (e) of
that subsection affecting a person who is a member of the President's
party, the President's decision prevails.

\end{itemize}

\item[12] If any determination of portfolio allocations is varied under
subsection (10) (c), the affected Ministers 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.
\item[13] The President \begin{itemize}
\item[a] in consultation with the Executive Deputy Presidents and the
leaders of the participating parties, must- \begin{itemize}
\item[i] determine a specific portfolio for a Minister referred to in
subsection (1) (b) should it become necessary pursuant to a decision
of the President under that subsection;
\item[ii] appoint in respect of that portfolio a person who is not a
member of the National Assembly, as the Minister responsible for that
portfolio; and
\item[iii] fill, if necessary, a vacancy in respect of that portfolio; or
\end{itemize}

\item[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.

\end{itemize}

\item[14] Meetings of the Cabinet must be presided over by the 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.
\item[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.

\end{itemize}
}


\item Section 93 of the new Constitution is deemed to read as follows: 
 
{\em
  93. Appointment of Deputy Ministers
  \begin{itemize}
  \item[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.
  \item[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.
  \item[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.
  \item[4] If a person is appointed as the Deputy Minister of any
portfolio entrusted to a Minister- \begin{enumerate}
    \item[5] 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
    \item[6] 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) by the Minister for whom
that Deputy Minister acts.

    \end{enumerate}

  \item 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.

  \end{itemize}
}

 

\item Section 96 of the new Constitution is deemed to contain the following additional subsections: 
 
    {\em
    \begin{itemize}
    \item[1] Ministers are accountable individually to the President and to
      the National Assembly for the administration of their 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.
    \item[2] Ministers must administer their portfolios in accordance with
      the policy determined by the Cabinet.
    \item[3] 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.
    \item[4] If the Minister concerned fails to comply with a requirement of
      the President under subsection (5), the President may remove the
      Minister from office- 
       \begin{itemize}
      \item[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
      \item[b] 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.
      \end{itemize}


    \end{itemize}


}

\end{enumerate}


\subsection*{Annexure c}
 
 
\subsubsection*{Government of national unity:}
 
\textbf{Provincial sphere}
 
\begin{enumerate}
\item Section 132 of the new Constitution is deemed to read as follows: 
 
{\em 132. Executive Councils 
\begin{itemize}
\item[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.
\item[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.
\item[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- \begin{itemize}
  \item[a] the Cabinet, must be read as a reference to an Executive
    Council;
  \item[b] a Minister, must be read as a reference to a member of an
    Executive Council; and
\item the National Assembly, must be read as a reference to the provincial legislature.

\end{itemize}

\item[4] The Premier of a province after consultation with the leaders of
  the participating parties must- \begin{itemize}
  \item[a] determine the specific portfolios to be allocated to the
    respective participating parties in accordance with the number of
    portfolios allocated to them in terms of subsection (3);
  \item[b] appoint in respect of each such portfolio a member of the
    provincial 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;
  \item[c] 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 subsection (3);
  \item[d] terminate any appointment under paragraph
    (b)- \begin{itemize}
\item[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
\item[ii] if it becomes necessary for the purposes of the Constitution or
  in the interest of good government;

\end{itemize}

\item fill, when necessary, subject to paragraph (b), a vacancy in the
  office of a member of the Executive Council.

\end{itemize}

\item[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- \begin{itemize}
\item[a] the exercise of a power referred to in paragraph (a), (c) or (d) (ii) of that subsection, the Premier's decision prevails;
\item[b] 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
\item[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.

\end{itemize}

\item[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.
\item[7] Meetings of an Executive Council must be presided over by the
  Premier of the province.
\item[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.

\end{itemize}
}
 

\item Section 136 of the new Constitution is deemed to contain the
  following additional subsections:
  
    {\em\begin{itemize}
    \item[1] Members of Executive Councils are accountable individually to
      the Premier and to the provincial legislature for the administration
      of their portfolios, and all members of the Executive Council are
      correspondingly accountable collectively for the performance of the
      functions of the provincial government and for its policies.
    \item[2] Members of Executive Councils must administer their portfolios
      in accordance with the policy determined by the Council.
    \item[3] If a member of an Executive Council fails to administer the
      portfolio in accordance with the policy of the Council, the Premier
      may require the member concerned to bring the administration of the
      portfolio into conformity with that policy.
    \item[4] 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
      member's party.

    \end{itemize}
 }


  


\end{enumerate}


\subsection*{Annexure d}
 
 
\subsubsection*{Public administration and security services: amendments to
  sections of the previous Constitution}
 
\begin{enumerate}
\item The amendment of section 218 of the previous Constitution- 

   \begin{enumerate}
  \item by replacing in subsection (1) the words preceding paragraph
    (a) with the following words:
 
    \emph{ 1. Subject to the directions of the Minister of Safety and
      Security, the National Commissioner shall be responsible for- }
 

 
  \item by replacing paragraph (b) of subsection (1) with the
    following paragraph:
 
    \emph{ b. the appointment of provincial commissioners; }
 

 
  \item by replacing paragraph (d) of subsection (1) with the
    following paragraph:
 
    \emph{ d. the investigation and prevention of organised crime or
      crime which requires national investigation and prevention or
      specialised skills; }
 

 
    and 
 
  \item by replacing paragraph (k) of subsection (1) with the
    following paragraph:
 
    \emph{ 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; }
 
  \end{enumerate}

 
\item The amendment of section 219 of the previous Constitution by
  replacing in subsection (1) the words preceding paragraph (a) with
  the following words:
 
  \emph{ 1. Subject to section 218 (1), a Provincial Commissioner
    shall be responsible for- }
 

 
\item The amendment of section 224 of the previous Constitution by
  replacing the proviso to subsection (2) with the following proviso:
 
  \emph{ 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 or did take part in the first election of the
    National Assembly and the provincial legislatures under the said
    Constitution. }
 

 
\item The amendment of section 227 of the previous Constitution by
  replacing subsection (2) with the following subsection:
 
  \emph{ 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. }
 

 
\item The amendment of section 236 of the previous Constitution-
\begin{enumerate}
\item by replacing subsection (1) with the following subsection: 
 
  \emph{ 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. }
 

 
\item by replacing subsection (6) with the following subsection:
 
\emph{ 6. \begin{enumerate}
  \item 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 April 1993 and 30 September
    1994 in respect of any person referred to in subsection (2) or any
    class of such persons.
  \item The commission may reverse or alter a contract, appointment,
    promotion or award if not proper or justifiable in the
    circumstances of the case.
  \item by replacing `this Constitution', wherever this occurs in
    section 236, with `the new Constitution.
\end{enumerate}
}
 


\end{enumerate}

 
\item The amendment of section 237 of the previous Constitution-
\begin{enumerate}
\item by replacing paragraph (a) of subsection (1) with the following paragraph: 
 
  {\em\begin{itemize}
    \item[1] 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-
      \begin{itemize}
      \item[a] an effective administration in the national sphere of
        government to deal with matters within the jurisdiction of the
        national sphere; and
      \item[b] an effective administration for each province to deal with
        matters within the jurisdiction of each provincial government.
      \end{itemize}
   \end{itemize}
  }
 

 and 
 
\item by replacing subparagraph (i) of subsection (2) (a) with the following subparagraph:  
 
\emph{ 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; }
 


\end{enumerate}

 
\item The amendment of section 239 of the previous Constitution by
  replacing subsection (4) with the following subsection:
 
  \emph{ 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. }
 


\end{enumerate}


\section*{Schedule 6A: Retention of membership of National Assembly or
  provincial legislature, after a change of party membership, mergers
  between parties, subdivision of parties and subdivision and merger
  of parties.  }


[Schedule 6A inserted by s.6 of Act 2 of 2003] 


\emph{ Definition }

\begin{enumerate}
\item In this Schedule `legislature' means the National Assembly or
  any provincial legislature. Retention of membership of legislature
  in event of change of party membership

  
\item \begin{enumerate}
  \item Subject to item 4, a member of a legislature who becomes a
    member of a party (the new party) other than the party which
    nominated that person as a member (the nominating party), whether
    the new party participated in an election or not, remains a member
    of that legislature if that member, whether by himself or herself
    or together with one or more other members who, during a period
    referred to in item 4(1)(a) or (b), ceased to be members of the
    nominating party, represents not less than 10 per cent of the
    total number of seats held by the nominating party in that
    legislature.
    
  \item The seat held by a member referred to in subitem (1) is
    regarded as having been allocated to the new party which the
    member represents.

  \end{enumerate}

  
  \emph{Retention of membership of legislature in event of mergers,
    subdivision and subdivision and merger of parties}
  
  
\item \begin{enumerate}
  \item Subject to item 4, any party (the original party) which is
    represented in a legislature may-
    \begin{enumerate}
    \item merge with another party, whether that party participated in an
      election or not; or
    \item subdivide into more than one party or subdivide and any
      subdivision may merge with another party, whether that party
      participated in an election or not, if the members of a subdivision
      leaving the original party represent not less than 10 per cent of
      the total number of seats held by the original party in that
      legislature.
    \end{enumerate}

    
  \item If a party merges with another party or subdivides into more
    than one party or subdivides and any subdivision merges with another
    party in terms of subitem (1), the members concerned remain members
    of that legislature and the seats held by them are regarded as
    having been allocated to the party which they represent pursuant to
    any merger, subdivision or subdivision and merger contemplated in
    subitem (1).

  \end{enumerate}

  
  \emph{Period of application of items 2 and 3 and further requirements}
  
  
\item \begin{enumerate}
  \item The provisions of items 2 and 3 only apply-
    \begin{enumerate}
    \item for a period of 15 days from the first to the fifteenth day of
      September in the second year following the date of an election of
      the legislature; and
    \item for a period of 15 days from the first to the fifteenth day of
      September in the fourth year following the date of an election of
      the legislature.
    \end{enumerate}

  \item For the purpose of subitem (1) ``year'' means a period of 365 days.
  \item During each period referred to in subitem (l)(a) and (b)- 
    \begin{enumerate}
    \item a member of a legislature may only once change membership of a
      party, by informing the Speaker of the legislature thereof in
      writing and by submitting to the Speaker written confirmation from
      such other party that he or she has been accepted as a member of
      that party; and
    \item a party may only once-
      \begin{enumerate}
      \item merge with another party;
      \item subdivide into more than one party; or
      \item subdivide and any subdivision may merge with another party, by
        informing the Speaker of the legislature thereof in writing and by
        submitting to the Speaker written confirmation from the other party
        of the names of all members involved in the merger or subdivision,
        and that the party has accepted the merger; and

      \end{enumerate}

    \item no party represented in a legislature may- \begin{enumerate}
      \item suspend or terminate the party membership of a member
        representing that party in that legislature; or
      \item perform any act whatsoever which may cause such a member to be
        disqualified from holding office as such a member, without the
        written consent of the member concerned.

      \end{enumerate}


    \end{enumerate}

  \item A party which has not been registered in terms of any law
    applicable to the registration of political parties is regarded as a
    party for the purposes of this Schedule, but such a party must apply
    for registration as a party in accordance with applicable law within
    the period referred to in subitem (1)(a) or (b). If the party is not
    registered within four months after the expiry of that period, it is
    regarded as having ceased to exist, and the seats in question must
    be allocated to the remaining parties in accordance with applicable
    law.

  \end{enumerate}

  
  \emph{Composition of legislature maintained until election or reconstitution in terms of Schedule}
  
\item \begin{enumerate}
  \item After the expiry of a period referred to in item 4(1 )(a) or
    (b), the composition of a legislature which has been reconstituted
    as a result of any conduct in terms of item 2 or 3 is maintained
    until the next election of that legislature or until the
    composition of the legislature is reconstituted in accordance with
    item 2 or 3.
  \item Within seven days after the expiry of a period referred to in
    item 4(l)(a) or (b), each party represented in a legislature
    contemplated in subitem (1) must submit a list of its candidates
    to the Secretary of the legislature.
  \item The Speaker of a legislature contemplated in subitem (1) must,
    within seven days after the expiry of a period referred to in item
    4(1)(a) or (b), publish a notice in the Gazette which must
    reflect-
    \begin{enumerate}
    \item the number of seats allocated to each party represented in that
      legislature; and
    \item the name of, and party represented by, each member.

    \end{enumerate}


  \end{enumerate}

  
  Transitional arrangement in respect of retention of membership of
  legislature in event of change of party membership, mergers between
  parties, subdivision of parties and subdivision and merger of parties
  
\item \begin{enumerate}
  \item During the first 15 days immediately following the date of the
    commencement of this Schedule-
    \begin{enumerate}
    \item a member of a legislature may become a member of another party
      (the new party), whether the new party participated in an election
      or not, whilst remaining a member of the legislature concerned and
      the seat held by that member must be regarded as having been
      allocated to the new party of which that member has become a member;
      and
    \item any party which is represented in a legislature may-
      \begin{enumerate}
      \item merge with another party, whether that party participated in an
        election or not; or
      \item subdivide into more than one party or subdivide and any
        subdivision may merge with another party, whether that party
        participated in an election or not, whilst the members concerned
        remain members of that legislature and the seats held by them must
        be regarded as having been allocated to the party which they
        represent pursuant to any merger, subdivision or subdivision and
        merger contemplated in this paragraph.

      \end{enumerate}


    \end{enumerate}

  \item The provisions of item 4(3) and (4) and item 5 are also
    applicable in respect of subitem (1), and any reference therein to a
    period referred to in item 4(1 )(a) or (b) must be construed as a
    reference to the period referred to in subitem (1).

  \end{enumerate}


\end{enumerate}


\subsection*{Schedule 6B}


\textbf{Loss or retention of membership of municipal councils, after a
  change of party membership, mergers between parties, subdivision of
  parties and subdivision and merger of parties, and filling of
  vacancies}

[Schedule 6A inserted by s. 2 of Act 18 of 2002 and amended by s.6 of Act 2 of 2003, becoming Schedule 6B] 


\paragraph*{1. Loss or retention of Council membership}
\begin{enumerate}
\item A councillor not representing a ward ceases to be a member of
  a Municipal Council if that councillor, other than in accordance
  with item 2, 3 or 7, ceases to be a member of the party which
  nominated that councillor as a member of that Council.
\item A councillor representing a ward in a Municipal Council ceases
  to be a member of that Council if that councillor, other than in
  accordance with item 2, 3 or 7-
  \begin{enumerate}
  \item ceases to be a member of a party which nominated that councillor
    as a candidate in the ward election; or
  \item was not nominated by any party as a candidate in the ward
    election and becomes a member of a party.
  \end{enumerate}

\end{enumerate}

\paragraph*{2. Retention of Council membership in event of change of party}
membership
\begin{enumerate}
\item Subject to item 4, a councillor-
  \begin{enumerate}
  \item not representing a ward, who is a member of a party represented
    in that Municipal Council (the original party) and who becomes a
    member of another party (the new party), whether the new party
    participated in an election or not, remains a councillor of that
    Council; or
  \item who represents a ward in that Council, remains a councillor for
    that ward, if that councillor-
    \begin{enumerate}
    \item was nominated by a party (the original party) as a candidate in
      the ward election and-
      \begin{enumerate}
      \item ceases to be a member of the original party and becomes a member
        of another party (the new party), whether the new party participated
        in an election or not; or
      \item ceases to be a member of the original party and does not become
        a member of another party; or

      \end{enumerate}

    \item was not nominated by a party as a candidate in the ward election
      and becomes a member of a party, whether that party participated in an
      election or not, if the councillor referred to in paragraphs (a) and
      (b)(i), whether by himself or herself or together with one or more
      other councillors who, during a period referred to in item 4 (1) (a)
      (i) or (ii) ceased to be members of the original party, represent not
      less than 10 per cent of the total number of seats held by the
      original party in that Council.

    \end{enumerate}


  \end{enumerate}

\item The seat held by a councillor referred to in subitem (1) (a)
  must be regarded as having been allocated to the new party of which
  that councillor has become a member.
\item The ward represented by a councillor referred to in subitem (1)
  (b) must be regarded as having been-
  \begin{enumerate}
  \item allocated to the party of which that councillor has become a
    member; or
  \item acquired by that councillor, if such councillor has not become a
    member of another party.

  \end{enumerate}


\end{enumerate}


\paragraph*{3. Retention of Council membership in event of mergers, subdivision
  and subdivision and merger of parties}
\begin{enumerate}
\item Subject to item 4, any political party (the original party)
  which is represented in a Municipal Council may-
  \begin{enumerate}
  \item merge with another party, whether that party participated in an
    election or not; or
  \item subdivide into more than one party or subdivide and any one
    subdivision may merge with another party, whether that party
    participated in an election or not, if the members of a subdivision
    leaving the original party represent not less than 10 per cent of the
    total number of seats held by the original party in respect of that
    Council.

  \end{enumerate}

\item If a party merges with another party or subdivides into more
  than one party or subdivides and merges with another party in terms of
  subitem (1), the councillors concerned remain members of that
  Municipal Council and the seats held by them must be regarded as
  having been allocated to the new party which they represent pursuant
  to any merger, subdivision or subdivision and merger as contemplated
  in subitem (1).

\end{enumerate}


\paragraph*{4. Period of application of items 2 and 3 and further requirements}
\begin{enumerate}
\item \begin{enumerate}
  \item The provisions of items 2 and 3 only apply-
    \begin{enumerate}
    \item for a period of 15 days from the first to the fifteenth day of
      September in the second year following the date of an election of all
      Municipal Councils; and
    \item for a period of 15 days from the first to the fifteenth day of
      September in the fourth year following the date of an election of all
      Municipal Councils, but do not apply during the year ending on 31
      December 2002

    \end{enumerate}

  \item For the purpose of paragraph (a) `year' means a period of 365
    days.

  \end{enumerate}

\item During a period referred to in subitem (1) (a) (i) or (ii)-
  \begin{enumerate}
  \item a councillor may only once-
    \begin{enumerate}
    \item change membership of a party;
    \item become a member of a party; or
    \item cease to be a member of a party, by informing an officer
      designated by the Electoral Commission thereof in writing, and if that
      councillor has changed membership of a party or has become a member of
      a party, by submitting to that officer written confirmation from the
      party in question that he or she has been accepted as a member of that
      party; and

    \end{enumerate}

  \item a party may only once-
    \begin{enumerate}
    \item merge with another party;
    \item subdivide into more than one party; or
    \item subdivide and any one subdivision merge with another party, by
      informing an officer designated by the Electoral Commission thereof in
      writing, and by submitting to that officer written confirmation from
      the party-
      \begin{enumerate}
      \item of the names of all councillors involved in such merger or
        subdivision; and
      \item that it has accepted such merger; and

      \end{enumerate}


    \end{enumerate}

  \item no party represented in a Municipal Council may-
    \begin{enumerate}
    \item suspend or terminate the party membership of a councillor
      representing that party in that Council; or
    \item perform any act whatsoever which may cause such a councillor to
      be disqualified from holding office as such a councillor in that
      Council, without the written consent of the councillor concerned.

    \end{enumerate}


  \end{enumerate}


\end{enumerate}


\paragraph*{5.} Composition of Council maintained until election or by-election,
or reconstitution in terms of Schedule-After the expiry of a period
referred to in item 4 (1) (a), the composition of a Municipal Council,
which has been reconstituted as a result of any conduct in terms of
item 2 or 3, is maintained until the next election of all Municipal
Councils or until the composition of that Municipal Council is
reconstituted in accordance with item 2 or 3 or until a by-election is
held in that Municipal Council.


\paragraph*{Reconstitution by Municipal Councils}
\begin{enumerate}
\item A Municipal Council referred to in item 5 which appoints members
  of another Municipal Council, as contemplated in section 157 (1) (b),
  must within 15 days of the expiry of a period referred to in item 4
  (1) (a) (i) or (ii) apply again the procedure provided for in national
  legislation for appointing such members to represent the appointing
  Council.
\item Within 30 days of the expiry of a period referred to in item 4
  (1) (a) (i) or (ii), all the structures and committees of-
  \begin{enumerate}
  \item a Category A and a Category B municipality referred to in item 5
    must be reconstituted in accordance with applicable law; and
  \item a Category C municipality referred to in item 5 must be
    reconstituted in accordance with applicable law after all the
    appointments contemplated in paragraph (a) have been made in respect
    of that Category C municipality.

  \end{enumerate}


\end{enumerate}


\paragraph*{7.} Transitional arrangement in respect of retention of membership
of Municipal Councils in event of change of party membership, merger
between parties, subdivision of parties and subdivision and merger of
parties
\begin{enumerate}
\item During the first 15 days immediately following the date of the
  commencement of this Schedule-
  \begin{enumerate}
  \item a councillor who was elected from the party list of a party
    represented in a Municipal Council (the original party) may become a
    member of another party (the new party), whether the new party
    participated in an election or not, whilst remaining a councillor of
    the Municipal Council concerned and the seat held by that councillor
    must be regarded as having been allocated to the new party of which
    that councillor has become a member;
  \item a councillor who was elected to represent a ward in a Municipal
    Council and who-
    \begin{enumerate}
    \item was nominated by a party as a candidate in the ward election,
      may cease to be a member of the original party and become a member of
      the new party, whether the new party participated in an election or
      not, or cease to be a member of the original party and not become a
      member of another party; or
    \item was not nominated by a party as a candidate in the ward
      election, may become a member of a party, whether that party
      participated in an election or not, and the ward represented by such a
      councillor must be regarded as having been-
      \begin{enumerate}
      \item allocated to the new party of which that councillor has become a
        member; or
      \item acquired by that councillor, if such councillor has not become a
        member of a party; and

      \end{enumerate}


    \end{enumerate}

  \item any political party which is represented in a Municipal Council
    may-
    \begin{enumerate}
    \item merge with another party, whether that party participated in an
      election or not; or
    \item subdivide into more than one party or subdivide and any one
      subdivision merge with another party, whether that party participated
      in an election or not, whilst the councillors concerned remain members
      of that Council and the seats held by them must be regarded as having
      been allocated to the party which they represent pursuant to any
      merger, subdivision or subdivision and merger contemplated in this
      paragraph.

    \end{enumerate}


  \end{enumerate}

\item The provisions of items 4 (2), 5 and 6 are also applicable in
  respect of subitem (1), and any reference therein to a period referred
  to in item 4 (1) (a) (i) or (ii) must be construed as a reference to
  the period referred to in subitem (1).

\end{enumerate}


\paragraph* {Filling of vacancies} Vacancies in a Municipal Council
must be filled in terms of national legislation.


[Schedule 6A has been amended by the deletion of item 9, according to
s.5 of Act 2 of 2003]

}

\end{document}

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