Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/106

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 14—General Provisions

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Other matters

Charters of Rights

234.

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.

Self-determination

235.

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 notion 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.

Funding for political parties

236.

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.

Diligent performance of obligations

237.

All constitutional obligations must be performed diligently and without delay.

Agency and delegation

238.

An executive organ of state in any sphere of government may —

(a)

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

(b)

exercise any power or perform any function for any other executive organ of state on an agency or delegation basis.

Definitions

239.

In the Constitution, unless the context indicates otherwise —

“national legislation” includes —

(a)

subordinate legislation made in terms of an Act of Parliament; and

(b)

legislation that was in force when the Constitution took effect and that is administered by the national government;

“organ of state” means —

(a)

any department of state or administration in the national, provincial or local sphere of government; or

(b)

any other functionary or institution —

(i)

exercising a power or performing a function in terms of the Constitution or a provincial constitution; or

(ii)

exercising a public power or performing a public function in terms of any legislation,

but does not include a court or a judicial officer;