Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/134

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Schedule 6—Transitional Arrangements

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Public administration and security services

24.

(1)

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(2)(a) and 239(4) and (5) of the previous Constitution continue in force as if the previous Constitution had not been repealed, subject to —

(a)

the amendments to those sections as set out in Annexure D;

(b)

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

(c)

consistency with the new Constitution.

(2)

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continue to function in terms of that Chapter and the legislation applicable to it as if that Chapter had not been repealed, until the Commission and the provincial service commissions are abolished by an Act of Parliament passed in terms of section 75 of the new Constitution.

(3)

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 —

(a)

any amendment or repeal; and

(b)

consistency with the new Constitution.

Additional disqualification for legislatures

25.

(1)

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.

(2)

The disqualification of a person in terms of subitem (1) —

(a)

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

(b)

ends five years after the sentence has been completed.

Local government

26.

(1)

Notwithstanding the provisions of sections 151, 155, 156 and 157 of the new Constitution —

(a)

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time to time by national legislation consistent with the new Constitution, remain in force until 30 April 1999 or until repealed, whichever is sooner; and

(b)

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