Constitution Second Amendment Act, 1992

by enacted by the Parliament of South Africa

Act

To amend the Republic of South Africa Constitution Act, 1983, so as, with a view to further constitutional development, to empower the State President in certain circumstances to determine that certain matters which at present are own affairs of a population group shall be general affairs, and to take the necessary legislative measures for the smooth administration of such a determination by him; and to provide for matters in connection therewith.

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(English text signed by the State President.)
(Assented to 27 October 1992.)

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Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―

Insertion of section 98A in Act 110 of 1983

1. The following section is hereby inserted in the Republic of South Africa Constitution Act, 1983, after section 98:

“Measures in connection with further constitutional development

98A. (1) Notwithstanding anything to the contrary contained in this Act or any other law the State President may, if he considers it desirable in the interest of further constitutional development, by proclamation in the Gazette amend Schedule 1 from a date fixed by him and specified in the proclamation.

(2) If an amendment contemplated in subsection (1) affects a decision by the State President in terms of section 16(1)(a) that any particular matter is an own affair of a population group, the State President shall rescind that decision by proclamation in the Gazette as from the date referred to in subsection (1).

(3) A decision of the State President to act under this section is a general affair.

(4) As from the date on which the State President rescinds a decision in terms of subsection (2) the matter in question shall, notwithstanding anything to the contrary contained in this Act, be deemed to be a general affair.

(5) The State President shall, as from the date on which he rescinds any decision in terms of subsection (2), by proclamation in the Gazette―

(a)		subject to subsection (6), assign the administration of all laws or provisions of laws relating to the matter in question and the administration of which has been assigned to or vests in a Minister of a department of State for own affairs of a population group (whether by virtue of an assignment under section 26 or 98 or in terms of an Act of the House in question), to a Minister of a department of State for general affairs or an administrator of a province; and
(b)		declare that the provisions of Part IV shall no longer apply to the laws or provisions referred to in section 98(2) and the administration of which is being so assigned by him to an administrator.

(6) The State President may by proclamation in the Gazette―

(a)

when he assigns the administration of a law or a provision of a law in terms of subsection (5)(a) or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department of State or by the administrator or in the provincial administration in question―

(i)		amend or adapt such law in order to regulate its application or interpretation;
(ii)		repeal and re-enact such law, whether with or without an amendment or adaptation contemplated in subparagraph (i);
(iii)		in so far as he considers it necessary for the efficient carrying out of a general law, repeal any law referred to in subsection (5)(a);

(b)

provide for such transitional arrangements as he considers necessary in relation to―

(i)		the disposal of any asset, liability, right or obligation, including money;
(ii)		the financing of State expenditure; and
(iii)		subject to the laws in relation to officers and employees in the Public Service and other employees of the State, personnel matters.

(7) When the administration of any law has been assigned to any Minister or any administrator in terms of subsection (5)(a), the provisions of section 10(5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis in relation to that law as if that administrator, the provincial administration in question, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the Public Service, respectively.

(8) A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session.

(9) (a) If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation, that proclamation or that provision, as the case may be, shall lapse to the extent to which it is so disapproved.

(b) The lapsing of such a proclamation or provision shall not affect―

(i)		the validity of anything done under the proclamation or provision up to the date on which it so lapsed;
(ii)		any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the proclamation or provision.”.

Amendment of section 99 of Act 110 of 1983

2. Section 99 of the Republic of South Africa Constitution Act, 1983, is hereby amended―

(a)		by the substitution for subsection (1) of the following subsection: “(1) Subject to the provisions of subsections (2) and (3), Parliament may by law repeal or amend or authorize the repeal or amendment of any provision of this Act.”; and
(b)		by the substitution for subsections (3) and (4) of the following subsections: “(3) No repeal or amendment of or authorization to repeal or amend section 7(1)(b), (5) or (6), section 8(5), section 9(1) or (3)(a), section 14 or 15, section 16(1), section 19, 20 or 21, section 23(2), section 30, section 31(1) or (2), section 32(1), (2), (3) or (4), section 33, section 34(2)(a), section 37(1), section 38(2), section 39(1) or (2), section 41(1), section 42(1), section 43(1), section 52, 53 or 54, section 64(3), section 70(1), section 71(1) or (3)(b) or (c), section 77, section 78(5), this subsection, subsection (4) of this section or Schedule 1 shall be valid unless the bill embodying such repeal or amendment or authorization to repeal or amend has been agreed to in every House by a majority of the total number of its members. (4) A bill embodying the repeal or amendment of or authorization to repeal or amend any provision mentioned in subsection (2) or (3) of this section shall not be referred to the President’s Council for its decision under the circumstances contemplated in section 32(1).”.

Short title

3. This Act shall be called the Constitution Second Amendment Act, 1992.