Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/132

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Schedule 6—Transitional Arrangements

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(g)

the Judicial Service Commission; or

(h)

the Pan South African Language Board.

(2)

A constitutional institution established in terms of the previous Constitution continues to function in terms of the legislation applicable to it, and anyone holding office as a commission member, a member of the board of the Reserve Bank or the Pan South African Language Board, the Public 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 —

(a)

any amendment or repeal of that legislation; and

(b)

consistency with the new Constitution.

(3)

Sections 199(1), 200(1), (3) and (5) to (11) and 201 to 206 of the previous Constitution continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution.

(4)

The members of the Judicial Service Commission referred to in section 105(1)(h) of the previous Constitution cease to be members of the Commission when the members referred to in section 178(1)(i) of the new Constitution are appointed.

(5)

(a)

The Volkstaat Council established in terms of the previous Constitution continues to function in terms of the legislation applicable to it, and anyone holding office as a member of the Council when the new Constitution takes effect, continues to hold office in terms of the legislation applicable to that office, subject to —

(i)

any amendment or repeal of that legislation; and

(ii)

consistency with the new Constitution.

(b)

Sections 184A and 184B(1)(a), (b) and (d) of the previous Constitution continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution.

Enactment of legislation required by new Constitution

21.

(1)

Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new Constitution took effect.

(2)

Section 198(b) of the new Constitution may not be enforced until the legislation envisaged in that section has been enacted.

(3)

Section 199(3)(a) of the new Constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted.

(4)

National legislation envisaged in section 217(3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect, but the absence of this